Chapter 1 — COUNTY ADOPTION OF THE CALIFORNIA ENERGY CODE

WITH COUNTY AMENDMENTS *

10146 5-13-11 2 Rpld 93.1.003, 94.1.001 - 94.1.1612.0, 95.1.001 - 95.1.1500

3 Added Title 9, Div. 1, Ch. 1 4 Added Title 9, Div. 2, Ch. 1 5 Added Title 9, Div. 2, Ch. 2 6 Added Title 9, Div. 3, Ch. 1 7 Added Title 9, Div. 4, Ch. 1 8 Added Title 9, Div. 5, Ch. 1 10147 6-9-11 2 Title 6, Div. 8, Ch. 4 (title) 3 68.401 4 68.402 5 68.403 6 68.404 7 68.405 8 68.406 10156 7-29-11 2 21.1701 3 21.1703 4 21.1704 5 21.1705 6 21.1713 10159 8-12-11 Added 72.162.39.3.1 10160 8-12-11 Added 72.169.35.1 10163 9-2-11 2 68.205 3 77.209 4 810.103 5 810.107 6 810.209 10166 10-13-11 2 Added Title 6, Div. 2, Ch. 6, Art. 7 (title) 3 Added 62.690 4 Added 62.691 5 Added 62.692 10167 10-14-11 2 81.102 3 81.306 4 81.308 5 81.401 6 81.402 7 81.605 8 81.610 9 81.614 10 81.701 11 81.703 12 81.805 13 86.603 14 86.604 15 86.605 16 86.608 17 67.722 10171 10-28-11 2 81.102 10173 10-28-11 2 96.1.104.8 3, 4 96.1.202 5 96.1.305.5 6 96.1.503.1 7 96.1.503.1.1 8 96.1.503.2.4

9 96.1.503.2.5 10 96.1.503.2.7 11 96.1.503.6 12 96.1.505.3 13 96.1.507.5.1.1.2 14 96.1.507.5.7 15 96.1.605.11.3.2 16 96.1.605.11.3.2.1 17 96.1.605.11.3.2.2 18 96.1.605.11.4.2 19 96.1.903.2.2 20 96.1.3301.2.1 21 96.1.3301.2.3 22 96.1.3301.2.5 23 96.1.3301.2.10 24 96.1.4902.1 25 96.1.4905 10178 11-11-11 Added 72.169.35.2 10179 11-11-11 2 81.404, 81.405, 87.421, 91.1.105 10187 1-5-12 1 Added 22.319 10190 1-6-12 72.167.5 10191 1-6-12 Added 72.163.55.1 10192 1-6-12 72.169.92.2 10193 1-6-12 Rpld 72.169.92.3 10197 2-24-12 2 33.101 3 41.117 4 812.207 10198 4-13-12 1 Added 72.173.11.1 2 72.173.11, 72.173.81 10199 4-13-12 1 21.1701 2 21.1703 3 21.1704 4 21.1705

5 21.1706
6 Rpld 21.1707 - 21.1709
7 21.1713

10200 4-13-12 2 21.2001 3 21.2002 4 21.2003 5 21.2004 6 21.2005 7 21.2006 8 Rpld 21.2008, 21.2009 9 21.2010 10 21.2011 11 21.2012 12 Rpld 21.2013 13 Rpld 21.2014 14 Rpld 21.2015 10205 5-3-12 1 Added Title 3, Div. 6, Ch. 7 10211 6-1-12 3 18.207 4 18.214

5 AddedTitle 1, Div. 8, Ch. 3 6 36.404 7 78.102 8 78.109 9 78.201 10 81.701 11 81.805 12 87.112 13 91.1.114.6 10214 7-26-12 2 Title 3, Div. 1, Ch. 1 10218 8-24-12 2 Title 6, Div. 1, Ch. 1 10219 8-24-12 2 65.107 3 Rpld Title 6, Div. 6, Ch. 3 4 Added Title 6, Div. 6, Ch. 3 10224 10-25-12 2 12.106.5 3 12.113.7 4 12.113.8 5 16.206 6 21.504 7 21.603 8 21.2503 9 21.2505 10 23.102 11 36.102 12 36.402 13 51.103 14 51.104 15 51.125 16 51.126 17 51.130 18 51.203 19 51.302 20 51.315 21 51.403 22 52.102 23 52.106 24 52.202 25 52.204 26 52.207 27 52.210 28 52.211 29 52.213 30 52.214 31 52.215 32 52.216 33 66.513 34 67.521 35 67.703 36 67.721 37 67.802 38 68.503 39 68.707

40 68.708 41 68.709 42 71.101 43 72.76 44 74.102 45 74.106 46 74.107 47 75.102 48 75.103 49 75.104 50 75.105 51 78.102 52 78.109 53 79.101 54 81.102 55 81.105 56 81.515 57 81.708 58 81.1106 59 82.202 60 82.202.5 61 84.210

62 85.301 63 86.101 64 86.202 65 86.503 66 86.504 67 86.506 68 86.508 69 86.602 70 86.603 71 86.604 72 86.605 73 86.606 74 86.702 75 86.704 76 86.705 77 86.709 78 86.710 79 86.718 80 86.721 81 86.722 82 86.729 83 87.101 84 87.102 85 87.109 86 87.203 87 87.206 88 87.208 89 87.213 90 87.301

91 87.702 92 87.707 93 87.803 94 810.102 95 810.306 96 812.204 97 91.1.103 98 91.1.105 99 91.1.113.2 100 96.1.001 101 96.1.004 102 96.1.202 103 96.1.4702 104 96.1.4703 105 96.1.APP.105.8 106 96.1.APP.108 10229 11-9-12 2 65.107 10231 12-30-12 2 77.201 - 77.223 10232 1-3-13 2 62.681 10233 1-3-13 1 32.923

10234 1-3-13 1 22.101 - 22.108 10238 1-4-13 2 61.102 3 62.109 4 61.110 5 62.117 6 62.130 7 62.131 8 Title 6, Div. 2, Ch. 8 9 Title 6, Div. 4, Ch. 1 10 64.207 11 64.211 12 64.212 13 64.308 14 64.309 15 64.310 16 64.313 17 65.102 18 65.103 19 65.105 20 65.107 21 65.109 22 66.607 23 66.621 24 66.623 25 66.901 26 66.903 27 66.904 28 Title 6, Div. 7, Ch. 3 29 Title 6, Div. 7, Ch. 4 30 68.601 31 68.602

32 68.604b 33 68.606 34 68.607 35 68.608 36 68.609 37 68.1004 38 68.1201 39 68.1202 40 68.1207 41 69.101 42 69.103 10240 1-4-13 2 64.201 3 64.202 4 64.203 5 64.206 6 64.207 7 64.208 8 64.209 9 64.211 10 Added Title 6, Div. 4, Ch. 4 10245 2-8-13 Added 72.243.28.2 10249 3-1-13 2 67.703 3 67.710 4 67.711 5 67.720 6 67.721 7 67.750 10250 3-1-13 72.169.57.3 68.501, 68.502, 68.505, 68.512, 68.531, 68.540, 68.546, 10253 3-8-13 2 68.547, 68.560 - 68.562, 68.570, 68.571 10256 4-19-13 Added 72.161.25.4 10257 5-10-13 2 64.202 3 - 8 64.402 9, 10 64.403 11 64.405 12 64.406 13 64.407 10258 5-10-13 Added 72.143.13.3 10259 5-23-13 2 62.692 10260 6-13-13 2 810.309 10265 7-19-13 Added 72.161.25.5 10274 8-29-13 2 Title 6, Div. 10 10275 8-30-13 Added 89.315 10284 10-10-13 1 32.923 10287 10-11-13 3 Added 91.1.109.5.20 10288 10-11-13 Added 72.143.13.4

10295 11-8-13 1 Added 72.162.39.5, 72.162.39.5.1 2 72.169.74.7, 72.169.74.11 10299 12-6-13 1 Added 89.316 10300 12-6-13 1 Added 89.317 10312 2-6-14 2 21.108 3 21.301 - 21.316

4 21.501, 21.556 5 21.705 6 21.801, 21.802, 21.808 7 21.1201 - 21.1209 8 21.2111 9 21.2401 10313 2-6-14 2 31.401 3 32.101 - 32.108 4 32.603 5 33.101, 33.107 6 37.201 - 37.208 10317 2-7-14 2 65.107 3 Added 68.915 10318 2-7-14 Added 72.189.02 10321 2-28-14 2 68.205 3 77.214 4 810.103 5 810.107 6 810.209 10323 2-28-14 2 51.105 3 51.110 4 51.122 5 51.125 10329 3-28-14 2 Added 85.419 10330 5-1-14 2 21.501 - 21.512 10334 5-29-14 2 810.309 10336 5-30-14 1 Added 72.161.88, 72.181.1 2 72.169.88 10337 6-19-14 1 Title 9, Div. 6, Ch. 1

2 32.102
3 32.104

10339 6-19-14 1 Added Title 3, Div. 2, Ch. 14 2 41.118 3 Added 41.118.5 4 812.207 10343 7-18-14 1 Added 72.161.40.4 2 72.187.4 10345 8-8-14 Added 72.169.93.3 10350 9-5-14 2 61.114 3 65.107 10351 9-5-14 2 41.117 3 33.101 10353 10-17-14 72.160.9 10355 10-23-14 1 23.102 10356 11-20-14 2 96.1.503.1.2 3 96.1.503.2.3 4 96.1.503.2.8 5 96.1.503.4.1 6 96.1.8001 10358 11-21-14 72.169.92.1 10364 1-2-15 2 36.404

3 36.408 4 Added 86.801 - 86.806 10366 2-5-15 1 22.201 - 22.216 10373 3-5-15 1 32.923 10377 4-16-15 1 Added 32.922.1 10379 4-17-15 2 Title 6, Div. 8 (title) 3 68.902 4 68.904 5 68.904.5 6 68.905 7 68.906

8 68.907
9 68.907.1
10 68.908
11 68.908.1
12 68.908.2
13 68.909
14 Added 68.909.5
15 68.911
16 Added 68.1112.5
17 68.1113
18 68.1116
19 68.1117
20 Rpld 68.1118
21 68.1119
22 Rpld 68.1120
23 68.1205
24 65.102
25 65.107

10380 5-8-15 2 Added 92.1.3112 3 Added 92.2.R332 10387 7-10-15 Added 72.169.74.13 10389 7-24-15 2 68.301 3 68.303 4 68.340 5 68.341 6 68.342 7 68.343 8 68.351 9 68.353 10390 8-21-15 Rpld 72.143.14, 72.143.15 10392 10-29-15 1 Added 31.203 10393 11-13-15 Rpld 62.901 - 62.915 Added 62.901 - 62.927 10395 11-13-15 2 Added 91.1.105.3.1.1 10407 2-5-16 2 68.205 3 77.214 4 810.103 5 810.107 6 810.209 10410 2-26-16 2 67.801 - 67.821

10412 2-26-16 2 Rpld 24.101 - 24.119 21.204, 61.104, 61.106, 64.402, 65.107, 65.109, 66.903, 4 66.904, 67.441, 68.801 - 68.804, 68.904, 68.910, 69.102 - 69.104, 69.107, 69.112 Added 67.302.5, 68.303.5 10413 2-26-16 Rpld 72.161.24.1, 72.161.24.11 10414 2-26-16 Added 72.161.24.12 10415 2-26-16 Added 72.169.55.4 10420 4-15-16 2 68.205 3 77.214 4 810.103 5 810.107 6 810.209 10427 5-27-16 2 Title 8, Div. 6, Ch. 7 10434 7-29-16 Added 72.243.10 10435 7-29-16 Added 72.243.27.11 10436 7-29-16 Added 72.143.13.5 - 72.143.13.11 10437 9-2-16 Added 91.1.105.3.1.2 10449 1-12-17 Added Title 4, Div. 3, Ch. 1 10452 1-13-17 2 61.101 3 61.102 4 61.103 5 61.104 6 61.113 7 Added Title 6, Div. 1, Ch. 3, title 8 Added 61.301 9 Added 61.302 10 Added 61.303 11 Added 61.304 12 Added 61.305 13 Added 61.306 14 Added 61.307 15 Added 61.308 16 Added 61.309 10459 2-24-17 Added 72.162.22.1 10460 2-24-17 72.221 10464 4-14-17 2 Rpld 92.2.RAPPH107.1, 93.1.001 - 93.1.003, 94.1.001 - 94.1.713.3, 95.1.001 - 95.1.1500 3 Added Title 9, Div. 1, Ch. 1 4 Added Title 9, Div. 2, Ch. 1 5 Added Title 9, Div. 2, Ch. 2 6 Added Title 9, Div. 3, Ch. 1 7 Added Title 9, Div. 4, Ch. 1 8 Added Title 9, Div. 5, Ch. 1 10465 4-14-17 1 Title 9, Div. 6, Ch. 1 10467 4-14-17 Added 72.159.13 10468 4-14-17 72.169.92.1, 72.169.92.2 Added 72.169.92.1.1, 72.169.92.2.1

10473 7-1-17 2 65.107 3 67.445 4 67.447 5 68.904 6 68.908.1 7 68.915 10474 4-21-17 1 21.2501 2 21.2503 10478 4-25-17 21.1632 10482 7-1-17 2 Title 2, Div. 1, Ch. 17 3 Title 2, Div. 1, Ch. 20 10487 7-1-17 2 65.107 10488 7-1-17 2 65.107 10489 7-27-17 4 21.102 5 21.1901 10492 8-18-17 Added 72.142.1 10493 10-13-17 Rpld 72.215.7 10497 9-26-17 Added 32.1501 10501 10-10-17 3 Added 32.1601 - 32.1604 10508 1-4-18 1 Title 4, Div. 3, Ch. 1 2 Rpld 33.109 10510 1-4-18 1 31.103 10511 1-4-18 2 22.306 3 22.309 4 22.311 10512 1-5-18 72.161.45 10518 2-9-18 1 52.106 2 52.210 10519 2-9-18 1 68.601.1 2 68.601.2 3 68.602 4 68.604 5 Rpld 68.607

6 68.608
7 68.609
8 68.611
72.161.38.1, 72.169.38.1, 72.169.8.2, 72.169.98.1,

10521 2-23-18 Added 72.169.98.2 10524 4-13-18 72.161.13.1, 72.169.52, 72.169.53 10529 5-18-18 2 Title 8, cross ref. 3 81.102 4 81.105 5 81.109 6 81.205 7 81.402 8 81.405 9 81.409 10 81.410 11 81.501 12 81.502 13 81.503 14 81.510

15 81.511 16 81.512 17 81.513 18 81.514 19 81.702 20 81.704 21 81.706 22 81.708 23 81.711 24 81.713 25 81.1106 10530 5-18-18 72.161.35.2, 72.162, 72.162.39.3, 72.169.74.5 Rpld 72.161.35.3 10536 7-1-18 2 64.104 3 64.107 4 64.202 5 65.107 6 67.402 7 68.801 - 68.804 8 Added 68.805 9 Added 68.806 10 68.904.5 10539 6-14-18 810.309 10540 7-19-18 2 21.311 10543 7-20-18 72.163.7 Added 72.173.8 10544 6-26-18 5 32.1501 10547 8-10-18 72.161.44.1, 72.162.5, 72.162.51 10548 8-23-18 1 62.691 2 62.692 10554 1-1-19 1 Rpld 810.101 - 810.114 Added 810.101 - 810.119 10558 10-12-18 72.161.18, 72.161.18.1 10567 11-9-18 72.173.11, 72.173.11.1 10573 12-13-18 2 Added 33.104.1 10578 12-13-18 2 16.101 3 16.102 4 16.207 5 16.208 6 18.207 7 69.103 10579 12-13-18 1 23.101 - 23.109 10580 12-13-18 1 32.917 72.161.23.2, 72.161.23.3 10588 2-8-19 Added 72.163.55.1 10590 3-1-19 2 77.210 3 810.103 5 Added 65.112 10595 3-29-19 Added 72.164.57 72.161.25.3, 72.169.57.2 10597 4-12-19 2 Added 71.614

10603 5-31-19 72.164.1 Added 72.164.1.1 10605 5-31-19 2 21.1701 - 21.1715 10606 7-1-19 2 61.102 3 65.103 4 65.107 5 65.108 6 65.109 7 66.903 8 Added 67.301.5 9 68.803 10 68.909.5 10608 6-20-19 32.301 - 32.307 10612 7-4-19 3 62.601 4 Added 62.604 10613 7-5-19 72.161.17.3 10616 7-26-19 2 64.202 10620 8-23-19 Added 72.161.40.5 10624 10-25-19 72.161.28 Rpld 72.179.5 10628 10-25-19 1 31.203 10630 11-29-19 72.161.95, 72.164.11, 72.169.54.1, 72.169.77.3 10642 1-10-20 1 64.202 2 66.301 3 66.302 4 66.303 5 66.304 6 66.305 7 66.306 8 66.307 9 66.309 10 66.313 11 66.314 12 66.513

13 67.301 14 67.301.5 15 67.331 16 67.401 17 67.402 18 Rpld 67.410 19 Rpld 67.411 20 Rpld 67.412 21 Rpld 67.413 22 67.420 23 67.421 24 67.422 25 67.423 26 67.423a 27 Added 67.425 28 67.441 71.101, 71.116, 71.302, 71.402 - 71.404, 71.406, 10651 4-14-17 2 Rpld 93.1.003, 94.1.001 - 94.1.713.3, 95.1.001 - 95.1.003 3 Added Title 9, Div. 1, Ch. 1 4 Added Title 9, Div. 2, Ch. 1 5 Added Title 9, Div. 2, Ch. 2 6 Added Title 9, Div. 3, Ch. 1 7 Added Title 9, Div. 4, Ch. 1 8 Added Title 9, Div. 5, Ch. 1 9 Added Title 9, Div. 6, Ch. 1 10 Added Title 9, Div. 7, Ch. 1 10657 3-13-20 2 68.511 - 68.520 10658 3-13-20 2 21.201 10659 3-26-20 1 Title 9, Div. 6, Ch. 1 72.161.17, 72.161.83, 72.163.53, 72.163.72, 10665 5-7-20 72.169.48, 72.169.77.4 Rpld 72.161.17.4

10675 7-24-20 2 Title 8, Div. 6, Ch. 7

10678 8-7-20 72.169.17, 72.169.22.5, 72.172.36 10680 9-4-20 2 65.102 3 65.103 4 65.104 5 65.107 6 68.902 7 68.904 8 68.904.5 9 68.905 10 68.906 11 68.907 12 68.907.1 13 68.908.1 14 68.909 15 68.909.5 16 68.909.6 17 68.1112.5 18 68.1113 19 68.1202 20 68.1204 10683 10-16-20 72.161.25.4, 72.169.82 10686 11-13-20 72.161.35.5 Added 72.166.2 10687 11-13-20 72.243.21 10691 12-18-20 1 51.201 - 51.213 10695 12-18-20 2 81.409 10696 12-18-20 2 Added 81.111 10698 1-7-21 1 21.604 2 21.706 3 21.806 4 21.816 5 21.1305 6 31.104 7 33.101 8 33.101.5 10699 1-7-21 1 21.101 2 Added 21.103.5 3 Added 21.2601 - 21.2610 7-1-21 4 Rpld 32.860 - 32.868 7-1-21 5 Rpld 32.881 - 32.884 10704 1-8-21 2 64.404 3 64.405 4 64.412 10705 1-8-21 2 81.201 3 81.402 4 81.903 5 81.1103 6 81.1105 7 81.1311 8 82.107

9 82.109 10 82.206 11 84.210 12 86.101 13 86.503 14 86.506 15 86.508 16 86.601 17 86.602 18 86.603 19 86.604 20 87.214 21 87.705 22 89.318 23 810.107 24 810.112 25 810.210 26 810.213 10709 1-15-21 2 21.202 3 21.203 4 21.204 5 21.206 6 21.207 7 21.504 8 21.510 9 52.102 10 52.103 11 52.106 12 52.202 13 52.210 14 61.101 15 61.102 16 61.103 17 61.104 18 61.105 19 61.106

20 61.107
21 61.108
22 61.109
23 61.110
24 61.112
25 61.113
26 61.114
27 61.211
28 61.212
29 61.216
30 61.302
31 61.303
32 61.304
33 61.305
34 64.101

35 64.102 36 64.104 37 64.105 38 64.106 39 64.107 40 64.201 41 64.202 42 64.302 43 64.303 44 64.305 45 64.320 46 64.402 47 64.411 48 65.101 49 65.102 50 65.103 51 65.104 52 65.105 53 65.107 54 65.108 55 65.109 56 65.111 57 66.301 58 66.302 59 66.303 60 66.304 61 66.305 62 66.308 63 66.312 64 66.313 65 66.606 66 66.618 67 66.901 68 66.903 69 67.301 70 67.301.5 71 67.302 72 67.302.5 73 67.402 74 67.430 75 67.443 76 67.502 77 67.802 78 67.811 79 68.301 80 68.302 81 68.303 82 68.340 83 68.351 84 68.353 85 68.503 86 68.504

87 68.505 88 68.601.1 89 68.601.2 90 68.604 91 68.604b 92 68.609 93 68.801 94 68.801.5 95 68.803 96 68.901 97 68.902 98 68.903 99 68.904 100 68.904.5 101 68.905 102 68.906 103 68.907 104 68.908 105 68.909 106 68.909.5 107 Rpld 68.909.6 108 68.910 109 68.912 110 68.914 111 68.915 112 68.1002 113 68.1005 114 68.1008 115 68.1009.5 116 68.1012 117 68.1013 118 68.1017 119 68.1018 120 68.1101 121 68.1113 122 68.1114 123 68.1115

124 Title 6, Div. 8, Ch. 12 (title) 125 68.1201 126 68.1202 127 68.1203 128 68.1212 129 68.1213 130 69.103 131 69.109 132 74.107 133 81.102 134 81.302 135 81.306 136 81.316 137 81.404

138 81.608 139 81.611 140 81.707 141 81.803 142 81.1102 143 87.302 144 94.1.713.0 145 96.1.APP.H100 10712 2-11-21 5 16.105 10714 2-26-21 Added 72.243.26.3 10718 4-2-21 72.164.51 Rpld 72.164.52 Added 72.161.95.1 10719 4-2-21 Added 72.243.20 10728 6-4-21 72.161.35, 72.161.35.4, 72.169.74.7, 72.175.1 Rpld 72.169.4 Added 72.169.74.14 10733 7-1-21 2 61.102

3 61.104
4 61.107
5 65.107
6 65.109
7 Added 66.201
8 Added 66.202
9 Added 66.203
10 67.301.5
11 68.911
12 68.1113
13 Rpld 68.1207
14 Rpld 68.1211

10735 7-9-21 72.169.25, 72.169.92 Rpld 72.169.29, 72.172.1 10737 8-13-21 72.161.40.4, 72.169.75.1, 72.169.94.1 Added 72.161.44.2 10738 8-13-21 72.181.1 10744 10-1-21 2 81.501 3 81.801 10745 10-1-21 2 87.203 3 87.207 72.162.33, 72.169.7, 72.169.7.1, 72.169.88, 10746 10-1-21 72.173 10750 11-18-21 2 68.401 3 68.402 4 68.403 (title) 5 68.403 6 68.404 (title)

7 68.404 8 68.405 (title) 9 68.405 9 Rpld 68.406 10751 11-19-21 2 21.2501 - 21.2508 10752 11-19-21 72.162.34 Rpld 72.162.36 10753 11-19-21 72.188.1.1 10755 12-2-21 1 Rpld Title 3, Div. 4, Ch. 1 2 610.804 10756 12-2-21 1 21.1615, 21.1621 - 21.1623, 21.1632 - 21.1634 2 22.201 - 22.216 72.161.17.5 10762 12-17-21 Added 72.169.96 10765 2-24-22 2 Added Title 3, Div. 3, Ch. 3 10766 2-25-22 2 61.101 2 61.102 3 61.107 4 61.108 5 Added Title 6, Div. 1, Ch. 5 6 Added 61.501 7 Added 61.502 8 Added 61.503 9 Added 61.504 10 Added 61.505 11 Added 61.506 10770 3-11-22 Added 72.160.8 72.160.9, 72.161.41, 72.161.41.1 10772 4-1-22 72.221 10773 4-15-22 72.161.24, 72.161.29, 72.162.35, 72.169.55.1 10781 5-27-22 Rpld 72.169.93 72.169.93.1, 72.169.93.3 10782 5-27-22 Added 72.142.11.1 10783 5-27-22 2 81.102 3 Added 81.112 4 81.207 10786 7-1-22 2 61.102 3 61.104 4 61.113 5 Added 61.116 6 61.217

7 61.303
8 65.107

10791 6-9-22 Added 32.831 - 32.834 10793 6-10-22 2 Added 91.1.104.2.2 10794 6-10-22 2 Added 71.120 10796 7-14-22 1 21.102 2 21.1901 10801 12-23-22 1 Added 22.401 - 22.431

10803 9-15-22 2 Rpld 21.901 - 21.906 3 21.102 4 21.1901 5 13.102 10804 9-16-22 2 Rpld 87.111 3 87.202 4 87.203 5 87.204 6 Rpld 87.205 7 87.207 8 87.208 9 87.301 10 87.504 11 Rpld 87.506 12 87.803 13 Added 87.901 - 87.905 10807 10-14-22 20 68.531 72.161.23.1, 72.161.89.2, 72.162.3, 72.162.38, 10808 10-28-22 72.169.92.4, 72.175 10811 11-25-22 72.161.40.1, 72.161.97, 72.162.39.1 10812 12-16-22 2 21.101 3 21.102 4 Added 21.103.6 5 21.1901 6 21.2501 7 21.2503

8 21.2505

10818 1-12-23 1 11.116 2 12.103 3 12.104 4 12.112 2 12.115 6 13.102 7 15.102 8 16.105 9 18.102 10819 1-12-23 1 23.101 2 23.102 3 23.103 4 23.104 5 23.105 6 23.106 10820 1-13-23 Added 72.161.35.9 10822 1-13-23 21.201, 21.501 - 21.512, 21.551 - 21.558 10823 1-13-23 4 42.101, 42.201 4 42.101, 42.201 10825 2-9-23 3 Added 18.310 10827 2-24-23 2 36.106 3 36.108 10828 3-10-23 2 Added 74.301

10829 3-10-23 2 Rpld 93.1.003, 94.1.001 - 94.1.713.3, 95.1.001 - 95.1.003, 96.1.001 - 96.1.003. 97.1.001 - 97.1.003 3 Added 91.1.001 - 91.1.117 4 Added 92.1.001 - 92.1.APPI 5 Added 92.2.001 - 92.2.RAPPH 6 Added 93.1.001 - 93.1.003

7 Added 94.1.001 - 94.1.713.0
8 Added 95.1.001 - 95.1.003
9 Added [98].1.001 - [98].1.003

10833 4-13-23 2 Title 9, Div. 6, Ch. 1 10834 4-13-23 2 Rpld 96.1.001 - 96.1.007 10835 4-13-23 2 68.403 Rpld 68.401, 68.402, 68.404, 68.405 72.162.1, 72.163.51, 72.164.53, 72.169.47, 10837 4-13-23 10894 4-12-24 2 87.202 72.161.35.1, 72.164.55, 72.169.52, 72.169.62, 10898 5-10-24 Added 72.164.55.1

10899 5-10-24 2 61.504 10908 7-1-24 2 61.102 3 61.114 4 65.107 5 67.441 10913 8-16-24 72.161.36, 72.161.46.3, 72.169.27, 72.172.33 10914 10-10-24 1 Added 21.2701 - 21.2708 10917 10-11-24 72.161.46.2, 72.161.89.1, 72.162.39.2 Added 72.161.46.4, 72.161.99 10918 10-11-24 2 68.301 3 68.302 4 68.303 5 68.303.5 6 68.310 7 68.311 8 Rpld 68.312

9 68.313
10 68.314
11 68.315
12 68.316
13 68.317
14 68.320
15 Rpld 68.321, 68.322
16 68.325
17 68.326
18 Rpld 68.327
19 68.328
20 68.329
21 68.331
22 Rpld 68.332
23 68.333
24 68.334
25 68.335
26 68.336
27 68.340
28 68.341
29 Rpld 68.342
30 Rpld 68.343
31 Rpld 68.344
32 Rpld 68.345
33 Rpld 68.346
34 Rpld 68.347
35 Rpld 68.348
36 Rpld 68.349
37 Rpld 68.350
38 68.351
39 68.352
40 Rpld 68.353
41 68.361
811.201, 811.302, 811.401, 811.403, 811.501,

10920 11-8-24 2 811.503

10924 11-22-24 72.161.15.2, 72.163, 72.169.44, 72.169.55.4 Added 72.161.27.1, 72.161.41.2, 72.169.74.16 10925 1-9-25 2 21.2111 3 Added 21.2214 10926 1-9-25 1 33.107 10927 1-10-25 Title 6 Rpld 63.208, 66.501 - 66.531, 66.601 - 66.624 10932 2-28-25 72.161.90, 72.162.31, 72.169.33, 72.169.97 10934 3-28-25 72.161.15.4 Added 72.161.2, 72.161.13.3 10935 4-11-25 2 81.102 10936 5-8-25 2 Added Title 3, Div. 1, Ch. 5 72.160.01, 72.160.02, 72.161.21.1, 72.161.23, 72.161.24.3, 72.161.38.1, 72.161.39, 72.161.41.1, 10939 6-6-25 72.163.1, 72.163.12, 72.163.41, 72.167.5, 72.169.21, 72.169.21.1, 72.169.53, 72.169.74, 72.173.11.1, 72.173.81 72.161.21.2, 72.169.21.2, 72.169.35.3, Added 72.169.35.4 10941 6-19-25 2 73.108 3 73.111 4 Added 73.114 5 Added 42.105 10942 6-20-25 1 Added 89.319 10945 6-20-25 2 61.114 3 65.107 4 65.112 5 68.902 6 Rpld 68.909.5 7 68.1112.5 10952 9-26-25 72.161.45.1, 72.163.21, 72.169.98.2 10958 12-5-25 72.162.21, 72.164.5, 72.169.74.5 Added 72.169.90 Rpld 72.169.74.6 10966 12-18-25 2 61.101 3 61.102 4 61.212 5 64.201 6 64.402 7 65.102 8 65.107 9 67.430 10 68.315 11 68.1101 12 94.1.713.0 13 96.1.APP.H100 10967 12-18-25 16.207, 16.208 10969 2-27-26 72.161.9, 72.169.54, 72.169.58 Added 72.169.8.4 Rpld 72.161.9.1, 72.169.75 10972 3-12-26 2 21.102 3 Added Title 2, Div. 1, Ch. 9 4 21.307

5 21.315 10976 4-2-26 1, 3 Title 9, Div. 6, Ch. 1 10977 4-2-26 1, 3 Added Title 9, Div. 6, Ch. 2 10979 4-2-26 Added Title 2, Div. 1, Ch. 28

52.102, 52.201, 52.202, 52.301 -52.310, 52.401 -52.404, 9915 1-30-08 3 Rpld 52.501 -52.506, 52.601 -52.603, 52.701 -52.703, 52.801 - 52.806, 52.901, 52.902, 53.101 -53.131, 53.201 -53.206,

4 Added Title 9, Div. 1, Ch. 1

5 Added Title 9, Div. 2, Ch. 1

6 Added Title 9, Div. 3, Ch. 1
7 Added Title 9, Div. 4, Ch. 1
8 Added Title 9, Div. 5, Ch. 1
9 Added Title 9, Div. 6, Ch. 1

9919 4-27-08 2 77.204 3 77.207, 77.208 4 Added 77.208.1, 77.208.2 5 77.209, 77.210 6 Added 77.210.1 7 77.211 8 Rpld 77.212 9 77.213 -77.215 10 77.217 9922 4-11-08 1 Added 89.310 9923 4-11-08 72.221 9924 4-11-08 Added 72.161.35.8 9925 4-11-08 2 12.101 -12.117 3 16.106 4 18.201 -18.214 5 41.102 6 41.118 7 Added 41.124 9926 4-11-08 2 Title 6, Div. 7, Ch. 8 3 87.205 4 87.206 5 87.207 6 87.208

7 87.218 8 87.414 9941 7-24-08 1 Added 89.311 9945 7-25-08 Added 72.169.92.4 9950 8-22-08 1 Added Title 3, Div. 1, Ch. 2 9954 9-5-08 2 21.2003

9956 11-28-08 Added 72.162.39.1 9959 1-9-09 Added 72.148.4 9960 1-9-09 Added 72.148.4.1 9961 1-9-09 Added 72.148.4.2 9962 1-9-09 1 Title 3, Div. 6, Ch. 4 9965 2-6-09 2 Title 6, Div. 4, Ch. 3 9968 3-29-09 5 81.211 9969 4-11-09 3 71.204.1 4 71.407 5 71.608 9970 3-12-09 1 Title 3, Div. 1, Ch. 1 2 Title 3, Div. 1, Ch. 3 3 Title 3, Div. 1, Ch. 4 4 Title 3, Div. 2 (title) 5 Title 3, Div. 2, Ch. 1 6 Title 3, Div. 2, Ch. 2 7 Title 3, Div. 2, Ch. 3 8 Title 3, Div. 2, Ch. 4 9 Title 3, Div. 2, Ch. 5 10 Title 3, Div. 2, Ch. 6 11 Title 3, Div. 2, Ch. 7 12 Title 3, Div. 2, Ch. 8 13 Title 3, Div. 2, Ch. 10 14 Title 3, Div. 2, Ch. 11 15 Title 3, Div. 3 (title) 16 Title 3, Div. 3, Ch. 2 17 Title 3, Div. 4, Ch. 1 18 Title 3, Div. 5 (title) 19 Title 3, Div. 5, Ch. 1 20 Title 3, Div. 5, Ch. 2

21 Title 3, Div. 6 (title)
22 Title 3, Div. 6, Ch. 1
23 Title 3, Div. 6, Ch. 2
24 Title 3, Div. 6, Ch. 3
25 Title 3, Div. 6, Ch. 5
26 Title 3, Div. 6, Ch. 6
27 Title 3, Div. 7, Ch. 1
28 Title 3, Div. 7, Ch. 2
29 Title 3, Div. 7, Ch. 3

9974 4-3-09 1 Title 5 9975 4-24-09 2 68.205 3 77.209 4 810.103 5 810.107 6 810.209

9986 5-13-09 1 51.306 9988 7-16-09 1 Added 17.101 -17.103 9997 8-21-09 1 87.203 2 91.1.105.5 3 91.1.105.5.1 9998 9-4-09 2 Title 8, Div. 11, Ch. 1-6 9999 9-4-09 2 67.802 10004 9-4-09 Added 72.162.39.2 10007 10-16-09 2 65.110 10014 11-13-09 2 91.1.101.2 3 91.1.105 4 91.1.108.5.19 5 91.1.109.6 6 91.1.110.2 7 92.1.701A 8 92.1.704A.1 9 92.1.704A.3 10 96.1.202 11 96.1.502.1 12 96.1.503.1.2 13 95.1.503.2.4 14 96.1.508.3 15 96.1.903.2 16 96.1.3301.2.1 17 Added 96.1.3406.2.5.2.1 18 96.1.4702 19 96.1.4703 20 96.1.4707.1 21 96.1.4707.2 22 96.1.APP.104.8 23 96.1.APP.105.8 24 96.1.APP.108 10019 11-20-09 2 Title 6, Div. 4, Ch. 2 10030 1-13-10 2 67.802 10032 2-12-10 2 Added Title 8, Div. 6, Ch. 7 10036 2-26-10 1 Title 6, Div. 1, Ch. 1 2 Title 6, Div. 1, Ch. 2 (title) 3 Rpld 61.201 - 61.210 4 Rpld Title 6, Div. 1, Ch. 3 5 Title 6, Div. 2, Ch. 6 6 Rpld Title 6, Div. 2, Ch. 7 7 Title 6, Div. 2, Ch. 8 8 Title 6, Div. 2, Ch. 9 9 Rpld Title 6, Div. 3, Ch. 1 10 Title 6, Div. 3, Ch. 2 11 Rpld Title 6, Div. 3, Ch. 3 12 Title 6, Div. 3, Ch. 4 13 Rpld Title 6, Div. 6, Ch. 8 14 Title 6, Div. 8, Ch. 5 10037 3-26-10 1 Title 8, Div. 1 2 65.107 10039 4-2-10 1 86.506

10040 4-2-10 2 81.102

10041 4-2-10 72.189.2 10045 4-22-10 1 35.103 10046 4-22-10 1 35.102 10047 5-14-10 2 41.118 10048 5-14-10 2 812.207 10049 5-14-10 72.143.31 10050 6-11-10 1, 2 Added 89.312 10054 6-18-10 Added 72.215.7 10055 6-18-10 Rpld 72.161.81 10056 6-18-10 Rpld 72.161.82 10057 6-18-10 Rpld 72.161.84 10060 7-30-10 1 Added Title 2, Div. 1, Ch. 25 10063 7-30-10 Rpld 72.169.65 10064 8-12-10 1 Added Title 3, Div. 2, Ch. 12 10065 8-13-10 2 65.105 3 65.107 4 68.906 5 68.909 6 68.1005 10074 10-15-10 Rpld 72.176 10075 10-15-10 Rpld 72.176.1 10076 10-15-10 Rpld 72.176.2 10077 10-15-10 Rpld 72.177 Added 72.177 10078 10-15-10 Added 72.215.7.1 10082 10-29-10 Rpld 72.189.22 10083 10-29-10 Rpld 72.189.24 10091 12-10-10 2 811.201, 811.302, 811.401, 811.403, 811.504 10092 12-10-10 Rpld 72.164 10093 12-10-10 Rpld 72.165.2 10094 12-10-10 Rpld 72.165.3 10096 1-7-11 2 Title 6, Div. 7, Ch. 8 10098 1-7-11 2 65.107 3 62.101—62.118 4 Rpld Title 6, Div. 2, Ch. 1, Art. 3 5 Rpld Title 6, Div. 2, Ch. 1, Art. 5 6 Rpld Title 6, Div. 2, Ch. 1, Art. 7 7 62.614 8 62.616 9 62.617 10 62.618 11 62.631 12 62.665 13 62.667 14 62.682 15 62.683 10099 1-7-11 1 Added 68.904.5 2 68.1114 3 68.1115 10100 1-7-11 1 Title 6, Div. 9, Ch. 1 10101 1-7-11 1 61.107

2 61.108 3 61.109 10102 1-7-11 1 21.102 2 Title 6, Div. 6, Ch. 5 10103 1-7-11 1 Title 6, Div. 7, Ch. 3 10104 1-7-11 1 Title 6, Div. 8, Ch. 6 10109 2-11-11 72.169.91 10110 2-11-11 72.169.92 10111 2-11-11 Rpld 72.161.57 10112 2-11-11 Rpld 72.161.65 10113 2-11-11 Rpld 72.161.86 10114 2-11-11 Rpld 72.161.88 10115 2-11-11 Rpld 72.161.98 10116 2-11-11 Rpld 72.169.95.1 10117 2-11-11 Rpld 72.172.36 10119 2-25-11 2 87.705 3 87.709 4 91.1.105.2 10120 3-3-11 2 21.102 3 21.107 4 21.1901 5 21.2502 6 21.2504 7 21.2505 10122 3-10-11 2 33.101 3 41.117 10123 3-31-11 2 Added 32.1301 3 Added 32.1302 4 Added 32.1303 5 Added 32.1304 6 Added 32.1305 7 Added 32.1306 10124 4-1-11 Rpld 72.165 10125 4-1-11 Rpld 72.165.4 10126 4-1-11 Rpld 72.165.41 10127 4-1-11 Rpld 72.165.42 10128 4-1-11 Rpld 72.165.43 10129 4-1-11 Rpld 72.165.44 10130 4-1-11 Rpld 72.165.7 10131 4-1-11 Rpld 72.165.71 10132 4-1-11 Rpld 72.165.72 10133 4-1-11 Rpld 72.165.73 10134 4-14-11 2 21.311 10136 4-15-11 1 Title 6, Div. 8, Ch. 3 2 Title 9, Div. 4, Ch. 1 10138 5-5-11 1 32.923, 32.924 10142 5-13-11 72.169.38 10143 5-13-11 Rpld 72.215.2 10144 5-13-11 Added 72.162.39.3 10145 5-13-11 Added 72.162.39.4

3 41.125, 41.127 - 41.137, 41.139 - 41.143, 41.150, 41.152 -

10631 11-29-19 2 811.306, 811.401 - 811.403, 811.501, 811.503, 811.504, 811.506, 811.601, 811.602 10639 12-19-19 1 22.101 - 22.108

Ordinance Number Date Section Section this Code

(New Series)

Ordinance Number Date Section Section this Code

(New Series)

10640 1-10-20 1 Added 89.317 72.161.45.1, 72.169.74.2, 72.169.74.3, 72.169.76, 10641 1-10-20

71.427, 71.428, 71.501, 71.510, 71.512, 71.609, 10646 2-14-20 1 72.13, 72.14, 72.20, 72.21, 72.60. 72.125, 72.135, 72.143.13.4, 72.161.83, 73.103 - 73.105, 73.112, 78.210, 78.301

72.156, 72.161, 72.161.11, 72.161.20, 72.161.22,

72.161.61, 72.161.64, 72.161.67, 72.161.7 - Rpld 72.161.79, 72.161.8, 72.161.87, 72.163.11, 72.174.2, 72.174.31, 72.175.53, 72.176.3, 72.176.4, 72.177, 72.179.14, 72.179.15, 72.179.41, 72.184, 72.194, 72.194.1, 72.243.21 - 72.243.23, 72.243.25 10647 2-27-20 1 Added 32.871 - 32.874 2 Added 32.881 - 32.884 3 Added 32.891 - 32.895 810.101, 810.103, 810.104, 810.107, 810.112, 10649 2-28-20 2 810.113, 810.115, 810.119 10650 2-28-20 1 Added 81.1401 - 81.1409

10729 6-4-21 68.540 - 68.545, 68.547 - 68.549, 68.560 - 68.564,

68.524, 68.550 - 68.554, 68.565 - 68.567, 68.573 - Added 68.576, 68.580, 68.591 - 68.593, 68.600, 68.610 -

Added 72.169.74.15, 72.169.9.2 10838 5-4-23 1 Added 22.405.1 10839 6-2-23 Added 72.161.29.1 72.161.23 10841 7-22-23 3 Rpld 810.301 - 810.315 Added 810.301 - 810.313 10848 7-1-23 2 61.102 3 65.107 10854 7-14-23 72.163.54, 72.164.56 Rpld 72.169.74.8 10857 8-18-23 72.169.46, 72.169.59 Added 72.169.8.3 10859 9-28-23 1 31.203 10863 10-13-23 72.161.24.3, 72.161.25, 72.161.25.1 Rpld 72.161.24.12 10866 11-10-23 2 67.720 3 67.750 10868 11-24-23 72.161.25.2, 72.161.27, 72.163.55

10880 1-5-24 2 Rpld 61.506 10881 1-5-24 2 61.502 3 61.504 10882 1-5-24 2 61.502 3 61.504 10883 1-5-24 2 61.102 3 61.116 10886 2-9-24 72.169.55.3 72.161.96, 72.162, 72.169.19.3, 72.169.19.4, 10889 3-8-24

10982 4-3-26 2 Rpld 93.1.003, 94.1.001 - 94.1.713.3, 95.1.001 - 95.1.003, 97.1.001 - 97.1.003, [98].1.001 - [98].1.003 3 Added Title 9, Div. 1, Ch. 1 4 Added Title 9, Div. 2, Ch. 1 5 Added Title 9, Div. 2, Ch. 2 6 Added Title 9, Div. 3, Ch. 1 7 Added Title 9, Div. 4, Ch. 1 8 Added Title 9, Div. 5, Ch. 1 9 Added Title 9, Div. 7, Ch. 1

10 Added Title 9, Div. 8, Ch. 1

10983 4-3-26 2 811.501 3 811.504 10985 4-3-26 72.161.91, 72.161.93, 72.169.32, 72.169.98 10992 6-12-26 1 23.102 2 31.103 11000 6-19-26 72.161.18, 72.162.3.5, 72.169.38, 72.169.71 Added 72.161.25.6, 72.169.19.6, 72.169.45.1 Rpld 72.161.18.1, 72.169.38.1 11001 7-9-26 2 21.1901 11002 7-9-26 2 21.102 3 Rpld 21.1101 4 Rpld 21.1102 5 Rpld 21.1103 6 Rpld 21.1104 11006 7-10-26 2 61.102 3 61.302 4 61.307 5 65.107 6 61.248 7 67.301.5 8 68.315 9 Rpld 68.907.2 10 96.1.APP.H100 11008 7-24-26 72.168, 72.169.49.2

STATE LAW REFERENCE TABLE

This table shows the location within the Code, either in the text or notes following the text, of references to the state law or related matters.

Administrative Code

Administrative Code Section Section this Code 15000 et seq. 86.602 15025 87.606 15071 87.606

Agricultural Code

Agricultural Code Section Section this Code

406 62.1105 45031–45042 21.1501 21.1503 45031 21.1505 45036 21.1509 45042 21.1501

Business & Professions Code

Business & Professions Code Section Section this Code

Business & Professions Code Section Section this Code

Ch. 3, Pt. 1, Div. 4 56.108 Ch. 9, Div. 3 67.442 Ch. 11.5, Div. 3 61.236 4307 21.2602 5490 51.204 6700 et seq. 87.803 6736.1 87.803 7026.1 68.302 7044 68.302 7056, 7057, and 7058 68.302 7521 62.669.5 7580 61.236 7590.2 36.502 7590.2 36.502 9884 21.602 11535 75.103 11535(c) 75.102 11575 75.102 12210 et seq. 21.1701 12210(b) 21.1712 12210.3(b) 21.1712.1 12210.5 21.1710 12240 et seq. 21.1701 12240 21.1706 12240(o) 21.1702 12500(a) 21.1702 12500(b) 21.1702 12500(e) 21.1702 12501.1 21.1701 12700–12702 21.1702 12704 et seq. 21.1710 12711 et seq. 21.1710 12717 21.1710 13350 et seq. 21.2001 21.2007 13352 21.2002 13411 31.404

13411(b) 31.404

16102 21.507 107210 68.502 19985 et seq. 21.401 19986(h) 21.402 21609 21.608 21625 et seq. 21.701 21626 21.702 21626.5 21.702 21627 21.702 21628 21.705 21629 21.705 21.706 21630 21.705 21636.1 21.706 21660 et seq. 21.1301 21661(a) 21.1302 21661(b) 21.1302 21661(c) 21.1302 21661(d) 21.1302 21661(e) 21.1302 22950.5 21.2602 22971.7 et seq. 21.2604 23000 et seq. 36.206 -- 36.213 32.302

23004 36.202

36.214

26001(t) 21.2502 26050 21.2502 22.404 26220 et seq. 21.2502

Civil Code

Civil Code Section Section this Code

Civil Code Section Section this Code

798.3 31.501 798.4 37.202 1102.6a 63.402 1351(d) 81.102 1351(f) 81.102 1351(m) 81.102 1714(b) 36.109 1946.2 31.503 3289(b) 21.2707 3479 32.1211 3480 32.1211 64.402 3482.5 63.401 3482.5(a) 63.402 3482.5(b) 63.402 3482.5(c) 63.402 3482.6 63.401 3482.6(a) 63.402 3482.6(b) 63.402 3482.6(c) 63.402 4100 86.702

8000 et seq. 77.211.1

Code of Civil Procedure

Code of Civil Procedure Section Section this Code

Code of Civil Procedure Section Section this Code

1094.5, 1094.6 11.120 1094.5 18.213 18.307 21.2707 68.805 1094.8 21.110 21.112 21.1823 1822.50 68.612 1822.50 et seq. 64.205 68.519 86.729

Corporations Code

Corporations Code Section Section this Code

14502 62.692

Education Code

Education Code Section Section this Code

Education Code Section Section this Code

Tit. 2, Div. 4, Pt. 27, Ch. 9, Art. 13 68.591 Ch. 22 82.413 8208 32.202 29003 21.506 32020 96.1.503.5.2 96.2.403.5.2 39000 et seq. 82.406 49580 et seq. 68.591

Elections Code

Elections Code Section Section this Code

13307 23.101

Financial Code

Financial Code Section Section this Code

21000 21.702

Fish & Game Code

Fish & Game Code Section Section this Code

Div. 2, Ch. 6 87.214 1600 et seq. 87.607 1603 87.214 2116 et seq. 62.602 2800 et seq 86.508 4181 33.101.5

Food & Agricultural Code

Food & Agricultural Code Section this Code

Food & Agricultural Code Section this Code

Div. 13, Ch. 1 62.902 11501 et seq. 63.201 11704 63.204 11732 63.202 11734 63.202 63.204 11920 - 11922 63.205 11923 63.205 12031 63.203 12034 63.203 15204 63.206 15204.5 63.207 17006 62.680 17124 62.1101 - 62.1104 62.1106 62.1108 29000 62.901 29000 et seq. 62.901, 62.902 29006 62.902 29040-29056 62.903 29070-29070.5 62.903 29100-29103 62.903 29140 et seq. 62.922 29200 et seq. 62.926 29201 62.920 29300-29311 62.925 31108 62.680 31603 62.602 31752 62.680 31752.5 62.680 31753 62.680 31754 62.680

Government Code

Government Code Section Section this Code

Government Code Section Section this Code

Tit. 2, Div. 1, Ch. 7 87.606 Tit. 5, Div. 2, Pt. 1, Ch. 1, Art. 8 64.107, 68.804 Tit. 7, Div. 1 82.102 6061 21.1624 6250 et seq. 68.610 6253(b) 65.107 6500 et seq. 31.103

8550 et seq. 31.103 8558 31.102

610.102 8558(c) 31.402 8559 31.102 8605 31.102 8610 31.103 8630 31.103 31.401 31.501 31.502 8634 31.103 31.302 8636 31.102 8875.1 51.401 8875.2 91.1.109.5.12 11135 21.904 23003 69.101 25126 11.102 25127 11.102 25128 11.102 25353 32.1501 25842.5 64.201 25845 16.201 27297.5 18.214 27721 16.102 29530 et seq. 22.108 38772(d)(2) 36.102 38772(d)(3) 36.102 38773.2 36.102 38773.5 36.108 38773.6 36.109 51051 96.2.202 51175 - 51189 96.2.202 51178 96.2.303 51179 96.2.303 51182 96.2.303 96.2.602.2 96.2.604.1 96.2.604.3 52066 21.1601 53060.4 21.2707 53069.3 36.106 36.108 53069.4 18.115 21.2707 68.1013 53075.5(b)(3)(A) 21.307 21.903 53079(b) 68.515 53090 91.1.105.2 53150 et seq. 64.107 68.804 53150 - 53158 96.1.104.12.1 96.2.104.12.1 53150 - 53159 68.801 65090 81.1308 65091 81.1308 65302 811.101 65560 811.101 65560(b) 96.2.202

65585.1 77.210 65591 et seq. 86.701 65800 811.101

65864--65869.5 81.1301 65865.2 81.1305 77.202

66000 et seq. 810.109

810.303 77.204

66000 810.101

810.302 77.203

66001(a)(1) 810.110

810.303 77.203

66001(a)(2) 810.110

810.303 77.203

66001(a)(3) 810.110

810.303 77.203

66001(a)(4) 810.110

810.303 77.203

66001(b) 810.110 66001(d) 810.311 810.310 66001(e) 810.311 66002 810.310 810.310 66006(b) 810.311 77.214 66007 810.111 66016 77.216 66410 et seq. 51.315 81.101 81.102 81.110 81.404 81.712 81.1403 810.101 66415 81.108 66418 81.306 66418.2 81.1001 66418.2(a) 81.1001 66418.2(b) 81.1003 66419 81.306

66424 67.750 66424.6 81.102 66426 67.750 66426(a) 81.506 66426(b) 81.506 66426(c) 81.506 66426(d) 81.506 66426(e) 81.506 66426(f) 81.102 66428 81.102 66433 et seq. 81.511 66436 81.409 81.509 81.711 81.811 66436(a) 81.509 81.510 66444 et seq. 81.102 66445(e) 81.811 66447 81.704 81.811 66449 81.808 66450(a) 81.808 66451.3 81.306 81.310 81.514 81.1102 81.1106 66451.11(b)(7)(A)-(E) 81.106 66451.12-66451.18 81.106 66451.13 81.106 66452(c) 81.1203 66452(f) 81.313 66452.1(a) 81.306 66452.1(b) 81.306 66452.5 81.615 66452.5(a)(1) 81.310 66452.5(f) 81.310 66452.6(a) 81.313 66452.6(a)(1) 81.307 66452.6(b)(1) 81.313 66452.6(b)(3) 81.313 66452.6(c) 81.314 81.619 66452.6(e) 81.313 66456.1 81.313 66462(a)(1) 81.407 66462(a)(2) 81.407 66465 81.509 81.510 81.706 66469 81.513 66470 81.513 66472.1 81.513 66473.1(e) 81.102 66473.5 81.306 81.610 66473.7 81.1309 66474 81.306 81.514 81.610 81.613

66474.1 81.306 81.610 66474.4 81.410 66474.6 81.306 81.610

66474.7 81.306 66477 et seq. 810.102 66477.2 81.704 66477.2(b) 81.704 66483 81.204 810.202 810.204 66487 81.403 66488 81.204 66492 et seq. 81.508 66493(a) 81.104 66493(c) 81.104 66493(d) 81.714 81.905 66496 81.406 81.808 66498.1 81.1206 66498.1—66498.9 81.1201 66498.1(b) 81.1205 66499 et seq. 810.119 66499(a) 81.711 66499(a)(1) 81.408 66499(a)(2) 81.408 66499(a)(3) 81.408 66499(a)(4) 81.409 66499(b) 81.409 81.711 66499.11 et seq. 81.406, 81.111 66499.13 81.111 66499.19 81.111 66499.20.3 81.1105 66499.34 81.1102 66499.35 81.102 66499.36 81.1101 66499.37 81.107 68511.3 16.208 64.207 81000 et seq. 32.903 84100 et seq. 32.922 23.101 84214 32.905 85201(a) 32.917 85312 32.925

Health and Safety Code

Health & Safety Code Section Section this Code

Health & Safety Code Section Section this Code

Ch. 11.7 61.504 Div. 2, Ch. 1 21.2502 Div. 2, Ch. 3.01 21.2502 Div. 2, Ch. 3.2 21.2502 Div. 2, Ch. 8 21.2502 Div. 5, Pt. 1, Ch. 7 67.402

Div. 8, Pt. 2.1 56.202 Div. 13, Pt. 2.1 56.105

Div. 13, Pt. 2.1, Ch. 1 56.102 Div. 13, Pt. 2.3 56.105 Div. 13, Pt. 2.3, Ch. 2 56.102 Div. 13, Pt. 2.4 66.201 Div. 20, Ch. 6.5 65.107 68.804 68.904.5 Div. 20, Ch. 6.65 68.915 Div. 20, Ch. 6.67 68.904.5 Div. 20, Ch. 6.7 68.804 68.1001 68.1001.1 68.1002 68.1008

68.1002 68.1008

68.903 68.904.5 Div. 20, Ch. 6.95 68.804 68.904 68.904.5 68.909 68.1101 68.1113 68.1114 Div. 22, Ch. 22 74.102 Div. 101, Pt. 1, Ch. 4, Art. 3 68.302 Div. 104 67.301.5 Div. 104, Pt. 7 61.101

Div. 104, Pt. 10, Art. 5 67.301 Div. 104, Pt. 13, Ch. 4, Art.1 68.601

Div. 104, Pt. 14, Ch. 10 68.1213 Div. 104, Pt. 15, Ch. 7, Art. 7 66.308 Sched. I-V 21.108 21.1006 21.1802 1100 et seq. 21.1006 1250 68.502 1797.52 610.103 2001 et seq. 64.201 2002(h) 64.202 2005 64.202 2062 64.202 5410 et seq. 68.301, 68.303 7050.5 87.429 104495 21.2602 11000 et seq. 21.1055 11007 68.801.5 11012 36.702

21.2502 11018 32.302 11018.1 22.404 11022 36.702 11357.5 36.702, 36.703 11362.5 22.404 11362.5(b) 21.2502 11362.5(e) 21.2502 11362.7(d) 21.2502 11362.7(f) 21.2502 11362.71 21.2505 22.404 11362.765 21.2505 11375.5 36.703 11590 21.307 21.504 21.1006 21.2404 21.2405 12000 21.1302 41.117 12000 et seq. 96.1.202 12101 33.203 33.204 12500 et seq. 32.101 12511 32.103 41.117 12512 32.103 12610 32.105 13000 et seq. 96.1.104.12.1 96.2.104.12.1 13009.6 64.107 68.801 68.804 13115 21.2403 14831 31.201 17021.5, 17021.6 52.205 65.110 67.449 68.155.1 71.233 79.111 87.305 810.103 91.1.109.5.11 17910—17998.3 69.101 17920.3 69.103 17920.5 16.102 17920.6 16.102 17922 96.1.001 96.2.001 17957.3 69.112 17958 91.1.001 92.1.001 92.2.001 93.1.001 94.1.001 95.1.001 96.1.001 96.2.001 97.1.001

98.1.001 17958.1 96.1.202 17958.5 92.1.001 92.2.001 93.1.001 94.1.001

95.1.001 96.1.001 96.2.001 97.1.001 98.1.001 17958.7 92.1.001 92.2.001 93.1.001 94.1.001 95.1.001 96.1.001 96.2.001 97.1.001 98.1.001 17975—17975.10 69.108 17975.1 69.108 17980 69.106 17980.7(c)(11) 18.310 18007 96.1.202 18008 52.102 18200 et seq. 52.101 18200 52.103 18214 52.102 18300 52.101 18500 52.106 18502 52.106 18502.5 52.106 18503 52.106 18550 52.210 18552 52.210 18860 et seq. 52.101 18860 52.103 18862.43 52.102 18865 52.101 18870 52.106 18870.2 52.106 18870.3 52.106 19971 91.1.109.5.5.1 25110.02 68.502 25115 68.502 68.801.5 25117 64.107 68.502 68.801.5 25118 68.904.5 25143.13 65.107 68.902 25230.1 68.502 25283 68.1002 25285.1 68.1009 64.107 25316 68.801.5 25404 et seq. 68.902 68.903 25404(a)(6) 68.904.5

25404(c) 68.904.5 25404.1 68.913 25404.5 68.911 25500 et seq. 68.904.5 25501 68.801.5 68.904.5 25504 - 25508.3 68.803

68.1116

25507 68.1117

68.1119 25507.02 65.107 68.902 25511 68.803 25515 64.107 68.801 68.804 25515.2 68.1115 25989.1 21.2403 33459—33459.8 68.915 37602 51.402 50079.5 77.210 50105 77.210 50106 77.210 100285 68.302 101000 12.114 69.101 101030 69.101 101275 68.301 101325 65.107 101345 68.805 101480—101490 68.915 113700 et seq. 61.101 113755 61.302 65.107 113758 61.102 61.116 113777 65.107 113781 61.102 113783 68.502 113789 61.102 61.501 68.502 113789(c) 61.301 61.501 113789(c)(4) 61.104 113791 61.107 113806.1 61.302 113810 61.102 113818 61.102 113819 65.107 113825 61.102 61.501 61.502 113825(a)(7) 61.504 113831 65.107 113831(b) 65.107 113831(c) 61.102 113833 65.107 113841 68.502 113842 68.502

113881 61.102 113885 61.306 113893 65.107 113899 65.107 113926 61.102 113930 65.107 113932 61.302 113934 61.102 113947.1 61.504 113947.1(a), (f) - (i) 61.304 113947.1(c) 61.114 113947.2 61.114 113947.3 61.114 113948 61.304 61.504 113952 - 113963 61.304 113953 - 113953.2 61.307 113953.5 61.307 113980 61.304 65.107 113984 61.304 113996 61.305 113996(a) 61.306 114067 65.107 114079 68.591 114089 65.107 114094 65.107 114095 - 114109 61.304 114099 61.304 114099.2 61.304 114192 61.307 114195 61.307 114250 61.307 114250.1 61.307 114279(a) 61.307 114289 65.107 114306 65.107 114328(j)(2) 61.305 114333 65.107 114335(a) 65.107 114337 61.304 114367 61.501 114367 et seq. 61.504 114367.1(b)(23) 61.107 114367.1 - 114367.6 61.501 114367.2(c) 61.503 114368(a)(7) 61.504 114368.3(a)(1) 61.504 114368.3(a)(5) 61.504 114368.3(a)(6) 61.504 114380 61.106 114387 65.103 114390 61.501 114390 - 114399 65.103 114390(b)(1) 61.104 114409 65.103 114419 65.107 114710 68.502 116025 et seq. 67.301 116038 67.302.5

116270 61.502 116275(h) 68.302 116275(n) 68.302 116275(o) 61.116 61.504 116340 65.107 116650 65.107 116701 65.107 117400 et seq. 68.601 117420 68.602

117435 68.601.2 117445 68.604 117450 68.601.2 117690 68.502 117695 68.502 117700 68.502 118215 et seq. 68.502 119300 et seq. 66.301 66.302 119301 66.302 119303(c) 66.308 119306 66.304 119307(e) 66.308 119308 66.306 119309 66.307 119310 66.307 119310(a), (b) 66.308 119311 66.307 119312 66.305 119313 66.305 119313(e) 66.308 119314 66.307 119315 66.307 119315(f) 66.308 119316 66.309 119317 66.307 66.309 119319 66.310 119320 66.311 66.312 119321 66.311 119322 66.311 119323 66.310 121875 et seq. 41.123 121880 62.602 121881 62.602 121916 62.687 122335 62.669

Labor Code

Labor Code Section Section this Code

Labor Code Section Section this Code

432.7(a)(1) and (f) 21.2703 1140.4(b) 52.202 1720 et seq. 74.301 1771 74.301 6382 64.107 68.801.5

6404.5 21.2602 21.2604 32.1402 32.1403 32.1407 7900 et seq. 21.2403 7921(a) 21.1002

Penal Code

Penal Code Section Section this Code

Penal Code Section Section this Code

Tit. 3, Pt. 2, Ch. 5C 67.814 812.209 19.7 13.102 148 62.661 62.665 207 32.202 209 32.202 261 32.202 261–269 21.1802 264.1 32.202 273a 32.202 286 32.202 288 32.202 288a 32.202 288.2 32.202 288.3 32.202 289 32.202 290 21.307 21.1006 21.1802 21.2405 311.1 32.202 311.1–311.12 21.1802 311.2 32.202 311.4 32.202 311.11 32.202 314 21.1802 315 21.1802 316 21.1802 318 21.1802 326.5 37.201 37.207 326.5(o) 37.202 330 21.401 332 21.2404 21.2405 21.2408 334 21.2404 21.2405 21.2408 337j(e) 21.402 365.5 41.102 374d 62.803 396 31.501 396(e) 31.502 597.1 62.680 647(b) 21.1802

830 et seq. 78.102 830.12 78.109

832 62.661 832(a) 13.102 67.814 78.109 87.102 812.209 91.1.114.4 836.5 13.102 62.662 91.1.114.4 853.5 et seq. 13.102 13.102 62.662 67.814 87.102 11106 33.301 12001 41.117 16130—34205 21.1201 16130 21.1203 21.1205 16170 33.301 16400 21.1203 21.1205 16520 21.1202 16520(a) 33.301 33.302 16550 21.1203 21.1205 16620 21.1203 21.1207 16640 33.301 16730(a), (c) 21.1203 16810 21.1203 21.1205 16850 33.302 16960 21.1203 17090 33.301 17110 21.1203 21.1205 17310 21.1203 21.1207 23635(a) 33.302 26500—26588 21.1203 26505—26588 21.1207 26700—26915 21.1203 26700 21.1205 21.1202 29180 33.301

Probate Code

Probate Code Section Section this Code 6401, 6402 52.108

Public Resources Code

Public Resources Code Section Section this Code

Public Resources Code Section Section this Code

Div. 5, Ch. 1, Art. 6 33.102 2207 87.710 87.713 2710 et seq. 87.702 2714 87.704 2270(h) 87.713 87.714 2774 87.709 87.713 4103 96.2.202 4104 96.2.202 4125 96.2.202 96.2.303 4201 - 4204 96.2.202 4290 96.2.303 96.2.602.2 4290(c) 96.2.303 4291 96.2.303 96.2.602.2 96.2.604.1 96.2.604.3 5097.9 86.602 5097.99 87.429 8801 et seq. 81.102 14500 et seq. 68.502 21000 et seq. 81.102 81.1401 86.402 86.501 87.204 21083.2 87.216 21084.1 87.216 21151(c) 86.401 25401 et seq. 91.1.109.5.13 25402.1 98.1.001 40000 et seq. 68.502 40051 68.501 40059 68.501 68.543 40106 68.561 40141 68.502 40201 68.502 68.512 41500 68.502 41802 68.502 41901 68.580 42649.8 68.574 43213 65.107 43508 65.107 44006 65.107

Public Utilities Code

Public Utilities Code Section Section this Code

Public Utilities Code Section Section this Code

230 81.102.7.5 5800 et seq. 21.1601

21.1605

5830(f) 21.1602 5830(s) 21.1602 5840(o)(3) 21.1604 5860(d) 21.1602 5870 21.1632 5900(a) 21.1634 5900(b) 21.1634 5900(j) 21.1634 5930(c) 21.1604 120050 et seq. 21.901

Revenue & Taxation Code

Revenue & Taxation Code Section Section this Code

Revenue & Taxation Code Section Section this Code

Div. 2, Pt. 1 22.103

22.103 22.104 22.105 22.106

170 15.101 170(a)(1) 15.102 170(a)(2) 15.102 170(a)(3) 15.102 170(b) 15.102 170(c) 15.102 214 65.108 5096 et seq. 22.313 6067 22.103 22.104 6203 22.104 6366 22.104 6366.1 22.104 6701 22.103 6702 22.103 22.104 6711 22.103 22.104 6715 22.103 22.104 6737 22.103 22.104 6797 22.103 22.104 6828 22.103 22.104 7202(h)(1) - (8) 22.105 7280(b)(3) 22.202 7284 22.402 7284.4 22.402 11901 et seq. 22.301 22.310 12701(e) 21.402

23701 21.2302 37.202 23701(d) 21.402 23701(f) 21.402 23701a 21.201 21.1302 21.2302 21.2401 37.202 23701b 21.201 21.1302 21.2302 21.2401 37.202 23701d 21.201 21.1302 21.2302 21.2401 37.202 37.207 23701e 21.201 21.1302 21.2302 21.2401 37.202 23701f 21.201 21.1302 21.2302 21.2401 37.202 23701g 21.201 21.1302 21.2302 21.2401 37.202 23701k 21.201 21.1302 21.2302 21.2401 37.202 23701l 21.201 21.1302 21.2302 21.2401 37.202 23701t 21.201 21.1302 21.2302 21.2401 23701w 21.201 21.1302 21.2302 21.2401 37.202 34021.5 22.402

Streets & Highways Code

Streets & Highways Code Section Section this Code

Streets & Highways Code Section Section this Code

23.5 81.102

25 71.101 942.5 72.76 970.5 79.102 971 79.102 1162.6 81.402

Vehicle Code

Vehicle Code Section Section this Code

Vehicle Code Section Section this Code

74.202 74.201 165 31.404 72.124 415 21.602 465.5 72.242 473 72.248 590 52.102 604.5 72.237 2501 610.203 5004 21.1303 78.209 12810 21.310 12810.5 21.310 12811 610.103 21101 72.76 21107.5 72.400 21113 73.101 73.103 21115 21.901 72.243.1.1 21115.1 21.901 21212 41.130 21716 72.243.1.1 21805 72.70 22500.1 96.1.503.3.1 96.2.403.3.1 22507 72.128.1 22507.8 21.904 22511.7 72.128 22519 73.112 22523 78.109 78.301 22651 72.122 72.125 22652 72.122 22654(c) 78.301 22660 78.101 78.201 22669 78.301 22855 78.202 23109 710.101 23109(a) 710.102 23109(c) 710.102 27000 68.549 35401.5 71.227 35401.5(a)(1) 71.101

35750(b) 72.210 35751 72.210

35751(b) 72.210 35781 71.225 38012 74.203 40309.5 73.113 41103 73.113

Water Code

Water Code Section Section this Code

Water Code Section Section this Code

Div. 7 68.512 Div. 7, Ch. 10, Art. 3 67.403 13000 et seq. 68.512 13002 68.301 13050(d) 67.802 13290—13291.7 68.301 13550--13554 67.520 13751 67.447 13801 67.401 14877.2 68.301 14877.3 68.301

Welfare & Institutions Code

Welfare & Institutions Code Section Section this Code

Welfare & Institutions Code Section Section this Code

4351 21.307 21.1006 21.24704 4352 21.307 21.1006 21.2404

SAN DIEGO COUNTY

ZONING ORDINANCE

Current through Ordinance 11016, passed 8-19-2026

PART ONE: BASIC PROVISIONS

GENERAL PROVISIONS

1000 TITLE AND PURPOSE OF PART ONE.

The provisions of Section 1000 through Section 1999, inclusive, shall be known as the Basic Provisions of the Zoning Ordinance. The purpose of these provisions is to specify the title, purpose, basic structure and applicability of the Zoning Ordinance and to require conformity to this Ordinance. These provisions shall apply to the entirety of the Zoning Ordinance.

1001 TITLE OF THE ZONING ORDINANCE.

This Ordinance shall be known and cited as The Zoning Ordinance.

1002 PURPOSE OF THE ZONING ORDINANCE.

The purpose of the Zoning Ordinance shall be to serve the public health, safety and general welfare and to provide the advantages resulting from the implementation of the San Diego County General Plan.

1003 CONSISTENCY OF ZONING ORDINANCE WITH THE SAN DIEGO COUNTY GENERAL PLAN.

In the event that the Zoning Ordinance becomes inconsistent with the San Diego County General Plan by reason of the adoption of a new Plan, or by amendment of the existing Plan or any of its elements, the Zoning Ordinance shall be amended within a reasonable time so that it is consistent with the newly adopted Plan or remain consistent with the existing Plan as amended. Additionally, all Zoning Ordinance amendments other than those previously described shall be consistent with the San Diego County General Plan. The procedure for the amendment of the Zoning Ordinance is contained in Sections 7500 through 7549, inclusive.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

1004 OPEN SPACE ZONING ORDINANCE.

The Board of Supervisors hereby finds and declares that the zones containing the following Use Regulations and Special Area Regulations contained in this Zoning Ordinance constitute the Open Space Zoning Ordinance pursuant to the California Government Code: the A70 Limited Agriculture, A72 General Agriculture, S80 Open Space, S90 Holding Area, S92 General Rural, and S94 Transportation and Utility Corridor Use Regulations, and the Flood Plain, Historic/Archaeological Landmark and District, Scenic Area, Sensitive Resource Area, and Agricultural Preserve Special Area Regulations.

(Amended by Ord. No. 5330 (N.S.) adopted 12-13-78)

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 5786 (N.S.) adopted 6-4-80)

(Amended by Ord. No. 8114 (N.S.) adopted 7-29-92)

(Amended by Ord. No. 8166 (N.S.) adopted 10-21-92)

1006 APPLICABILITY OF THE ZONING ORDINANCE.

a. The Zoning Ordinance shall be applicable to all of the unincorporated areas of San Diego County. The use and employment of all land and any buildings or structures located upon the land and the construction, reconstruction, alteration, expansion, or relocation of any building or structure upon the land shall conform to all regulations applicable to the zone in which the land is located. No land, building, structure or premises shall be used for any purpose or in any manner other than is permitted in the zone in which such land, building, structure or premise is located.

b. The Zoning Ordinance shall not apply to the development, use, or improvement of new or existing County-owned or operated facilities and facilities that are financed in whole or in part by the County, leased or contracted by a third party to provide a public purpose, including but not limited to County Parks (including public active or passive parks), County Libraries, or other County facilities such as Fire Stations or Sheriff Stations, or facilities for public services and health services such as Transitional and Supportive Housing.

c. The Zoning Ordinance shall not apply to Indian Reservation lands within the County of San Diego. Such lands are defined as those parcels which are identified as Indian Reservation lands by an Act of the United States Congress.

d. The Zoning Ordinance shall not apply to federally-owned or state-owned public lands within the County of San Diego. Such lands are defined as those parcels which are identified as federally-owned or state-owned public lands by the San Diego County Assessor.

e. The Zoning Ordinance shall not apply to solid waste management projects undertaken by the County on County-owned land and the Administrative Permit Procedure at Section 7050 and following, the Site Plan Review Procedure at Section 7150 and following, and the Use Permit Procedure at Section 7350 and following, shall not apply to the development of the following uses on County-owned solid waste sites and associated buffer properties which would otherwise require a discretionary permit; photovoltaic solar energy systems;

resource conversion projects using landfill gases to produce energy or other products; above ground wireless telecommunication facilities; or storage of operable vehicles and equipment; provided:

1. Any proposed lease (and associated environmental documents) for the use of any County-owned solid waste sites and associated buffer properties to a non- County entity for a use specified in this subsection shall be reviewed by the Director prior to final lease approval by the Department of General Services. All proposed uses (including potential future uses) of the leased property shall be specifically listed in the lease. Any uses that are not specifically listed in the lease shall be subject to the Administrative Permit Procedure at Section 7050 and following, the Site Plan Review Procedure at Section 7150 and following, and the Use Permit Procedure at Section 7350 and following, unless a new or revised lease is reviewed by the Director and approved by the Department of General Services.

2. All proposed uses shall conform to all other applicable regulations, performance standards and design standards of the Zoning Ordinance.

f. The Zoning Ordinance shall not apply to the Departments of the County of San Diego during, immediately following or throughout

the recovery efforts authorized by the County, related to an emergency declared by the Governor of the State of California or the Board of Supervisors of the County of San Diego.

(Amended by Ord. No. 6615 (N.S.) adopted 6-22-83)

g. The Zoning Ordinance shall not apply to the development, use or improvement of new or existing Emergency Shelters, as classified in Section 1334, located on or to be located on properties owned or leased by the County or operated by the County directly or through a third party, or on federally-owned or state-owned public lands within the County of San Diego. Section 1006, subsection (g), applies only to Emergency Shelters located in areas to address homelessness and related public health, safety, and welfare issues.

(Amended by Ord. No. 7036 (N.S.) adopted 9-18-85)

(Amended by Ord. No. 8340 (N.S.) adopted 12-15-93)

(Amended by Ord. No. 9553 (N.S.) adopted 5-21-03)

(Amended by Ord. No. 9690 (N.S.) adopted 12-15-04)

(Amended by Ord. No. 9958 (N.S.) adopted 12-10-08)

(Amended by Ord. No. 10035 (N.S.) adopted 1-27-10)

(Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

(Amended by Ord. No. 10592 (N.S.) adopted 2-27-19)

(Amended by Ord. No. 10767 (N.S.) adopted 1-26-22)

1007 RESPONSIBILITY FOR COMPLIANCE WITH THE ZONING ORDINANCE.

In addition to the provisions of Section7703 VIOLATIONS AND PENALTIES, a property owner shall be considered to have allowed any use of property occupied by, or under the dominion and control of, the owner, and shall be responsible for the discontinuance and removal of any violation of The Zoning Ordinance. Said responsibility shall include property leased to other parties. A property owner shall also be responsible for the discontinuance and removal of any violation of The Zoning Ordinance that existed on the property prior to the current owners purchase of the property.

(Added by Ord. No. 8166 (N.S.) adopted 10-21-92)

1008 INTERPRETATION AND APPLICATION OF THE ORDINANCE.

If ambiguity arises concerning the content or application of The Zoning Ordinance, it shall be the duty of the Director to ascertain all pertinent facts, render a decision on the interpretation, set forth findings and notify concerned persons. This decision may be appealed pursuant to the Administrative Appeal Procedure commencing at Section 7200.

(Amended by Ord. No. 6983 (N.S.) adopted 7-03-85)

1010 INTERPRETATION OF CONFLICTING PROVISIONS.

In interpreting and applying the provisions of these regulations, they shall be held to be the minimum requirement for the promotion of the public health, safety, comfort, convenience and general welfare. It is not the intent of these regulations to interfere with or abrogate or annul any easement, covenant or other agreement between parties. When these regulations impose a greater restriction upon the use of buildings or land, or upon the height of buildings, or require larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provisions of these regulations shall control.

1012 NO RELIEF FROM OTHER PROVISIONS.

Except as otherwise specifically provided, no provision of this Zoning Ordinance shall be construed as relieving any party to whom a site plan, permit or variance is issued from any other provision of state or federal law or from any provision, ordinance, rule, or regulation of the County of San Diego requiring a license, franchise, or permit to accomplish, engage in, carry on or maintain a particular business, enterprise, occupation, transaction or use.

1014 SEVERABILITY OF PROVISIONS.

If any section, subsection, sentence, clause or phrase of this ordinance is for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of these regulations, it being hereby expressly declared that this ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

1016 ORDINANCE SUPERSEDES EXISTING ZONING ORDINANCE.

This Zoning Ordinance supersedes Ordinance 1402, as amended, of the County of San Diego, including those provisions of Ordinance 1402 that apply specifically to the 37 zoning districts number 1, 4, 7, 8, 9, 12, 13, 15, 16, 19, 20, 23, 24, 26, 35, 37, 40, 41, 43, 44, 46, 48, 50, 51, 52, 53, 54, 56, 57, 58, 59, 60, 61, 62, 63, 64, and 65, referred to in Articles XXXVI to XCIX of said Ordinance, and to the extent that Ordinance 1402 is inconsistent with this Zoning Ordinance, it is hereby repealed. If any provisions of this Zoning Ordinance should be determined to be not applicable to land regulated by said Ordinance 1402, the provisions of Ordinance 1402 shall continue to apply. Nothing in this Ordinance shall be construed as validating or legalizing any land use or building or structure, conducted, constructed, erected, or maintained in violation of any County ordinance, and nothing in this ordinance shall prevent or bar the filing of a complaint or punishment of any in violation of said Ordinance 1402 or bar the bringing of any action or compel the discontinuance of any use or the removal of any building or structure conducted, constructed, erected, or maintained in violation of said Ordinance 1402. Insofar as the provisions of this ordinance impose the same regulations as imposed by said Ordinance 1402, this ordinance shall be construed as a continuation of said Ordinance 1402 and not as a new enactment.

(Amended by Ord. No. 7576 (N.S.) adopted 1-11-89)

1017

Notwithstanding any provision of Section 1016 to the contrary, any zone reclassification adopted pursuant to Ordinance No. 1402 (New Series) and prior to the operative date of this Zoning Ordinance shall on the effective date of said reclassifications be deemed automatically converted to the comparable zones under this ordinance, as said comparable zones are specified in Ordinance No. 5312 (New Series).

(Added by Ord. 5328 (N.S.) adopted 12-13-78)

1018 COMPLETION OF EXISTING BUILDINGS.

Nothing herein contained shall require any change in the plans, construction or designated use of a building or structure for which a building permit has been issued prior to the effective date of any amendment of these regulations provided that actual construction of such building or structure is commenced within one calendar year after the date of issuance of the building permit and is completed within three calendar years from issuance of said building permit and provided further that such construction and proposed use of such building or structure is not on said effective date in violation of any other ordinance or law. Actual construction is hereby defined for purposes of this section, to be the actual placing of construction materials in their permanent position, fastened in a permanent manner, except that where a basement is being excavated such excavating shall be deemed to be actual construction, or where demolition or removal of an existing structure has commenced preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6543 (N.S.) adopted 3-2-83)

(Amended by Ord. No. 6983 (N.S.) adopted 7-03-85)

1019 EFFECT OF AMENDMENTS UPON PENDING APPLICATIONS.

a. Any application for a permit or other approval regulated in any manner by the provisions of this Zoning Ordinance shall only be required to meet the provisions of this Ordinance that were in effect on the date that application was deemed complete. The foregoing provision relates only to individual application(s) regulated by the Zoning Ordinance, not to the overall project (for which several applications may be required).

b. For purposes of this section, an application is "deemed complete" 30 days following the date it was submitted, unless the applicant has been informed that the application is not complete, or at such earlier date that the County informed the applicant that the application was complete.

(Added by Ord. No. 6134 (N.S.) adopted 7-22-81)

(Amended by Ord. No. 7322 (N.S.) adopted 6-10-87)

(Amended by Ord. No. 7740 (N.S.) adopted 3-28-90)

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

DEFINITIONS

1100 TITLE, PURPOSE AND APPLICABILITY.

The provisions of Section 1100 through Section 1199, inclusive, shall be known as the Definitions. The purpose of these provisions is to promote consistency and precision in the interpretation of The Zoning Ordinance. The meaning and construction of words and phrases as set forth shall apply throughout The Zoning Ordinance, except where the context of such words or phrases clearly indicates a different meaning or construction. Definitions contained in the Uniform Building Code shall be applicable except when in conflict with definitions contained in The Zoning Ordinance, in which case The Zoning Ordinance definition shall prevail.

1105 GENERAL RULES FOR CONSTRUCTION OF LANGUAGE.

The following general rules of construction shall apply to the textual provisions of The Zoning Ordinance.

a. Headings. Section and subsection headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any provision of The Zoning Ordinance.

b. Illustration. In case of any difference of meaning or implication between the text of any provision and any illustration, the text shall control.

c. Shall and May. "Shall" is always mandatory and not discretionary. "May" is discretionary.

d. Tenses and Numbers. Words used in the present tense include the future, and words used in the singular include the plural, and the plural the singular, unless the context clearly indicates the contrary.

e. Conjunctions. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:

1. "And" indicates that all connected items or provisions apply.

2. "Or" indicates that the connected items or provisions may apply single or in any combination.

3. "Either...or" indicates that the connected items or provisions shall apply single but not in combination.

f. All public officials, bodies, and agencies to which reference is made are those of the County of San Diego unless otherwise indicated.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

1110 GENERAL TERMS.

a. "Permitted" means permitted without the requirement for a use permit but subject to all other applicable regulations.

b. "Department" means the Department of Planning and Development Services.

c. "Board" or "Board of Supervisors" shall have the same meaning.

d. "Commission" or "Planning Commission" shall have the same meaning.

e. "City" means any city in the County of San Diego.

f. "County" shall mean the County of San Diego.

g. "Federal" shall mean the Government of the United States of America.

h. "State" shall mean the State of California.

i. "Used" includes "arranged for," "designed for," "occupied," or "intended to be occupied for."

j. "General Plan" means the San Diego County General Plan.

k. "Director" means the Director of Planning and Development Services.

l. "Section" means a section of the Zoning Ordinance unless otherwise indicated. Sections of this Ordinance are identified by a four

digit number (excluding any suffix or decimals) except that each term defined in the Definitions constitutes a separate section.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 8555 (N.S.) adopted 7-14-95)

(Amended by Ord. No. 8962 (N.S.) adopted 9-23-98)

(Amended by Ord. No. 10222 (N.S.) adopted 9-25-12. Opr. 11-26-12)

DEFINITIONS (A)

A-Weighted Sound Level (dBA): The sound level in decibels as measured on a sound level meter using the A-weighted network. The A- weighted network is the network for measuring sound that most closely resembles what the human ear hears. Sound measured using the A- weighted network is designated dBA.

(Added by Ord. No 10262 (N.S.) adopted 5-15-13)

Abutting: Having a common boundary except that parcels having no common boundary other than a common corner shall not be considered abutting.

Accessory Apartment (Elderly/Handicapped/Family Member): A dwelling unit no greater than 640 square feet in floor area, located within or attached to a single detached dwelling, for occupancy by a maximum of two persons, one of whom shall be either 1) 60 years of age or older, 2) handicapped (as defined in the State Health and Safety Code) or 3) a member of the immediate family of the owner (related by blood, marriage or adoption) of the principal dwelling on the site.

(Accessory Apartment provisions were repealed by Ord. No. 9982 (N.S.) adopted 04-22-09).

(Added by Ord. No. 6586 (N.S.) adopted 5-18-83)

(Amended by Ord. No. 9982 (N.S.) adopted 4-22-09)

Accessory Building: A portion of a main building or a detached subordinate building located on the same lot as a main building which is devoted exclusively to an accessory use.

Accessory Living Quarters: Living quarters, which may include kitchen facilities, within an accessory building or within the primary dwelling for the sole use of persons employed on the premises and not rented or otherwise used as a separate dwelling.

(Accessory Living Quarters provisions were repealed by Ord. No. 9982 (N.S.), adopted 4-22-09).

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

(Amended by Ord. No. 9982 (N.S.) adopted 4-22-09)

Accessory Use: A use customarily incidental and accessory to the principal use of the land or lot, or to a building or other structure located on the same lot as the accessory use.

(Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

Administrative Permit: A permit which may be granted by the appropriate County officer or body to provide for the accommodation of land uses or structures with special site or design requirements, operational characteristics, or potential adverse effects on surroundings, which are not permitted by right, but which may be approved upon completion of a review process, the making of findings required by ordinance, and where necessary, the imposition of conditions of approval by the permit granting authority. Administrative permits are intended to be utilized in situations where the public welfare does not require a public hearing prior to granting approval for temporary uses or structures, uses and structures having only a minor potential adverse impact on surroundings, or for uses and structures where the public welfare necessitates an expeditious review procedure.

(Added by Ord. No. 5786 (N.S.) adopted 6-4-80)

Adult Bookstore, Adult Novelty Store Adult Video Store: A commercial establishment which has a significant or substantial portion of its stock- in-trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising, or maintains a substantial section of its sales or display space for the sale or rental, for any form of consideration, of any one or more of the following:

a. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, slides, or other visual representations which are characterized by their emphasis upon the exhibition or description of “specified sexual activities” or “specified anatomical areas”;

b. Instruments, devices or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of the user or others.

As used in this definition, the term "significant or substantial portion" means 25 percent or more.

(Added by Ord. No. 5840 (N.S.) adopted 7-30-80)

(Amended by Ord. No. 8015 (N.S.) adopted 12-4-91)

(Amended by Ord. No. 9469 (N.S.) adopted 6-12-02)

(Amended by Ord. No. 9827 (N.S.) adopted 1-31-07)

Adult Cabaret: A nightclub, bar, juice bar, theater, restaurant bottle club, or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features: (a) persons who appear in a state of semi-nudity (nudity is prohibited per Chapter 18 of the Code of Regulatory Ordinances); or (b) films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by their emphasis upon the exhibition or description of “specified sexual activities” or “specified anatomical areas”.

(Added by Ord. No. 5840 (N.S.) adopted 7-30-80)

(Amended by Ord. No. 9469 (N.S.) adopted 6-12-02)

Adult Drive-In Theater: An open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other forms of visual productions, for any form of consideration, to persons in motor vehicles or on outdoor seats, and presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.

(Added by Ord. No. 5840 (N.S.) adopted 7-30-80)

Adult Entertainment: Any activity which falls within the list of defined terms found at Section6930 d.

(Added by Ord. No. 8015 (N.S.) adopted 12-4-91)

Adult Motel: A motel, hotel, or similar commercial establishment which: (a) offers public accomodations for any form of consideration and which regularly provides patrons with closed- circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by their emphasis upon the exhibition or description of “specified sexual activities” or “specified anatomical areas” and which regularly advertise the availability of such material by means of a sign visible from the public right of way or by means of any off-premises advertising, including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television, and (b) offers a sleeping room for rent for a period of less time than ten (10) hours.

(Added by Ord. No. 5840 (N.S.) adopted 7-30-80)

(Amended by Ord. No. 9469 (N.S.) adopted 6-12-02)

Adult Motion Picture Theater: A commercial establishment where films, motion pictures, videocassettes, slides, or similar photographic reproductions which are characterized by their emphasis upon the exhibition or description of “specified sexual activities” or “specified anatomical areas” are regularly shown for any form of consideration.

Specified Sexual Activities:

1. Sex acts including intercourse, oral copulation, masturbation, or sodomy; or

2. Excretory functions as part of or in connection with any of the activities set forth in 1.

(Added by Ord No. 5840 (N.S.) adopted 7-30-80)

(Amended by Ord. No. 7469 (N.S.) adopted 6-12-02)

Adult Model Studio: Any establishment open to the public where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons, other than the proprietor, paying such consideration or gratuity. The provision shall not apply to any school of art which is operated by an individual, firm, association, partnership, corporation or institution which meets the requirements established in the Education Code of the State of California for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma.

(Added by Ord. No. 5840 (N.S.) adopted 7-30-80)

Adult Arcade/Peep Show: Any place to which the public is permitted or invited wherein coin- operated or slug-operated or electronically,

electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by their emphasis upon matter exhibiting or describing specified sexual activities or specified anatomical areas.

(Added by Ord. No. 5840 (N.S.) adopted 7-30-80)

(Amended by Ord. No. 9469 (N.S.) adopted 6-12-02)

Adult Motion Picture Theater: An establishment, with a capacity of fifty (50) or more persons, where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.

Adult Theater: A theater, concert hall, auditorium or similar establishment, either indoor or outdoor in nature, which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons.

(Added by Ord. No. 5840 (N.S.) adopted 7-30-80)

Aerated Static Piles: Piles are made the same way as static piles, except these have a system to let more air in. The system can be as simple as a pallet under the bin or as elaborate as PVC tubing with forced air inserted into the pile. More air helps the system work faster.

(Added by Ord. No. 10807 (N.S.) adopted 9-14-22)

Aerobic Decomposition: Is the decomposition of organic materials primarily by aerobic microbes under controlled conditions.

(Added by Ord. No. 10807 (N.S.) adopted 9-14-22)

Agricultural Employee: (See Farm Employee)

(Added by Ord. No. 5508 (N.S.) adopted 5-16-79)

Agricultural Homestay: A working farm or ranch on which bedrooms are made available for rent and where lodging and overnight sleeping accommodations are provided (see Section 6157.c)

(Added by Ord. No. 9470 (N.S.) adopted 6-12-02)

(Amended by Ord. No. 10463 (N.S.) adopted 4-14-17)

Agricultural Materials: Is any waste material of plant or animal origin, which results directly from the conduct of agriculture, animal husbandry, horticulture, aquaculture, silviculture, vermiculture, viticulture and similar activities undertaken to produce food or fiber for human or animal consumption. Agricultural material includes, but is not limited to, manures, orchard and vineyard pruning, grape pomace, and crop residues.

(Added by Ord. No. 10807 (N.S.) adopted 9-14-22)

Agricultural Microbrewery: see Microbrewery, Agricultural

(Added by Ord. No. 10463 (N.S.) adopted 4-14-17)

Agricultural Micro-Distillery: see Micro-Distillery, Agricultural

(Added by Ord. No. 10463 (N.S.) adopted 4-14-17)

Agricultural Stand: (see Stand, Agricultural)

(Added by Ord. No. 10463 (N.S.) adopted 4-14-17)

Agricultural Store: A structure for the display and sale of agricultural and horticultural products raised on the premises. (see Section6157.a)

(Amended by Ord. No. 10463 (N.S.) adopted 4-14-17)

Agricultural Tourism (also Agri-tourism or Ag-tourism): An accessory agricultural use, which includes the act of visiting a commercial agricultural enterprise for the purpose of enjoyment, education or active involvement in the activities of the farm, ranch or agricultural operation. (see Section 6157.b)

(Added by Ord. No. 10204 (N.S.) adopted 3-28-12)

(Amended by Ord. No. 10463 (N.S.) adopted 4-14-17)

Agricultural Zone: A zone including a use regulation set forth in Sections2700 through 2799, inclusive.

(Added by Ord. No. 5508 (N.S.) adopted 5-16-79)

Agriculture: Shall mean the production of goods such as food, fibers or feed by the systematic growing and harvesting of plants, animals and other life forms. Typical forms of agriculture include cultivation of land and raising of livestock.

(Added by Ord. No. 10003 (N.S.) adopted 8-5-09)

Aircraft: Any contrivance, now known or hereafter invented, used or designed for navigation of or flight in the air. "Aircraft" does not include ultralight vehicle as defined by this ordinance.

(Added by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 7197 (N.S.) adopted 9-10-86)

Airport: Any area of land, water or a structure which is used or intended for use for the landing and taking off of aircraft and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon.

(Added by Ord. 5508 (N.S.) adopted 5-16-79

Alley: A public or private way permanently reserved as a secondary means of access to abutting property.

Amendment: Any change, modification, deletion, or addition to the wording, text or substance of the Zoning Ordinance, or any change, modification, deletion or addition to the application of the Zoning Ordinance to property within San Diego County, including any alteration in the boundaries of a zone, when adopted by ordinance passed by the Board of Supervisors in the manner prescribed by law.

Anaerobic Decomposition: Is a biological decomposition of organic substances in the absence of oxygen.

(Added by Ord. No. 10807 (N.S.) adopted 9-14-22)

Anatomical Areas: (See Specified Anatomical Areas)

(Added by Ord. No. 5840 (N.S.) adopted 7-30-80)

Animal Enclosure: An area surrounded on all sides by a fence, corral, pen, pipe, post, rail, wall or other barrier (or a combination) for the keeping of animals, including but not limited, to chickens, horses and cattle. An agricultural building, stable or barn located within or adjacent to an Animal Enclosure, is not considered an Animal Enclosure. An Animal Enclosure may be covered or uncovered and may have a solid wall on more than one side. A fenced pasture of one acre or larger for use as a riding or grazing area, but not for the permanent keeping of animals, is not considered an Animal Enclosure.

(Added by Ord. No. 10285 (N.S.) adopted 9-11-13)

Animal, Large: Limited to bovine animals, sheep, goats, swine, ostriches, emus, llamas and alpacas.

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

Animal Regulations: That element of a zone which indicates, by means of a letter designator, the regulations pertaining to the keeping of animals. (see Section 3000)

(Added by Ord. No. 8166 (N.S.) adopted 10-21-92)

(Amended by Ord. No. 10463 (N.S.) adopted 4-14-17)

Animal, Small: Poultry, rabbits, chinchillas, hamsters, and other small domesticated animals other than a large animal or specialty animal.

Animal, Specialty: Including, but not limited to, fish (not related to aquaponics), furbearing animals, wild or undomesticated animals, amphibians, insects and birds, other than large or small animals.

(Amended by Ord. No. 10463 (N.S.) adopted 4-14-17)

Animal Waste Processing: The processing of animal waste and byproducts including but not limited to animal manure, animal bedding waste, a similar byproduct of an animal raising agricultural operation, for use as a commercial fertilizer or soil amendment and including composting operations. (see Section 6902)

(Amended by Ord. No. 10463 (N.S.) adopted 4-14-17)

Apartment Hotel: A building or portion thereof designed for or containing both individual guest rooms or suite of rooms and dwelling units.

Approach-Departure Path: The flight track of a helicopter as it approaches or departs from the helicopter facility's designated take-off and landing area.

(Added by Ord. No. 7058 (N.S.) adopted 10-30-85)

Aquaculture: A form of agriculture devoted to the controlled growing and harvesting of fish, shellfish, and plants in marine, brackish, and fresh water and as defined in the Food and Agriculture Code.

(Added by Ord. No. 7630 (N.S.) adopted 05-23-89)

(Amended by Ord. No.10463 (N.S.) adopted 4-14-17)

Aquaponics: A form of agriculture which combines aquaculture (raising of fish) with hydroponics (growing plants in water) in a symbiotic, closed-loop system. (see Section 6913)

(Amended by Ord. No. 10463 (N.S.) adopted 4-14-17)

Attached: (See Building Type; Nonresidential)

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

Attached, Three to Eight Dwelling Units: (See Building Type, Residential)

Attic Story: Any story situated wholly or partly in the roof, so designated, arranged or built as to be used for business, storage, or habitation. An attic story shall be counted as a story.

Automobile Wrecking: The dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts. The presence on any lot or parcel of land of 5 or more motor vehicles which for a period exceeding 30 days have not been capable of operating under their own power, and from which parts have been or are to be removed for reuse or sale shall constitute prima facie evidence of an automobile wrecking yard

DEFINITIONS (B)

Background Sound Level (L90): The sound level that is exceeded for 90 percent of the total measurement period as described in the current edition of Quantities and Procedures for Description and Measurement of Environmental Sound by the American National Standard Institution. Background Sound Level may be measured relative to A-weighting or C-weighting, in which case it would be denoted as LA90 and LC90, respectively.

(Added by Ord. No. 10262 (N.S.) adopted 5-15-13)

Banner: A sign usually made of flexible material that has limited durability, such as paper, cloth or plastic.

(Added by Ord. No. 10322 (N.S.) adopted 1-29-14)

Barn: A building used for the shelter of livestock raised on the premises, the storage of agricultural products produced or consumed on the premises, or the storage and maintenance of farm equipment and agricultural supplies used for the agricultural operations on the premises. A barn may be located within or adjacent to an Animal Enclosure, but a barn is not considered an Animal Enclosure. A Barn is considered an accessory residential or agricultural use.

(Amended by Ord. No. 10285 (N.S.) adopted 9-11-13)

Base Units: The number of dwelling units proposed for a housing development, exclusive of the density bonus units. The number of base units cannot exceed the maximum allowable residential density.

(Added by Ord. No. 10068 (N.S.) adopted 8-4-10)

Basement: Any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein.

(Amended by Ord. No. 6134 (N.S.) adopted 7-22-81)

Bed and Breakfast Home: A single-family dwelling in which more than two bedrooms are made available for rent on a less than weekly basis to provide lodging, including overnight sleeping accommodations and breakfast.

(Added by Ord. No. 7160 (N.S.) adopted 6-18-86)

(Amended by Ord. No. 7363 (N.S.) adopted 8-19-87)

(Amended by Ord. No. 7515 (N.S.) adopted 7-13-88)

Bedroom: Attached room which is intended, arranged, or designed to be occupied by one or more persons primarily for sleeping purposes and shall have an area of not less than 70 square feet or be less than 7 feet in any dimension with a closet opening on it or within it.

(Added by Ord. No. 6134 (N.S.) adopted 7-22-81)

Bicycle Space: An area that is permanently reserved and maintained for parking one bicycle either in an open rack or an enclosed structure or locker.

(Added by Ord. No. 5976 (N.S.) adopted 1-28-81)

(Amended by Ord. No. 6940 (N.S.) adopted 4-10-85)

Bird: An avian species other than poultry.

(Added by Ord. No. 5786 (N.S.) adopted 6-4-80)

(Amended by Ord. No. 6268 (N.S.) adopted 4-14-82)

Block: All property fronting upon one side of a street between intersecting and intercepting streets, or between a street and a right-of-way, waterway, terminus of dead end street, or city boundary. An intercepting street shall determine only the boundary of the block on the side of the street which it intercepts.

Bluff: A scarp or steep face of rock, decomposed rock, sediment or soil resulting from erosion, faulting, folding, filling or excavation of the land mass. The bluff may be simple planar or curved surface or it may be steplike in section.

(Amended by Ord. No. 5329 (N.S.) adopted 12-13-78)

Bluff Edge: The upper termination of a bluff. When the top edge of the bluff is rounded away from the face of the bluff as a result of erosional processes related to the presence of the steep bluff face, the edge shall be defined as that point nearest the bluff beyond which the downward gradient of the land surface increases more or less continuously until it reaches the general gradient of the bluff. In a case where there is a steplike feature at the top of the bluff face, the landward edge of the topmost riser shall be taken to the bluff edge. In those cases where irregularities, erosion intrusions, structures or bluff stabilizing devices exist on a subject property so that a reliable determination of the bluff edge cannot be made by visual or topographic evidence, the Director shall determine the location of the bluff edge after evaluation of a geologic and soil report.

(Added by Ord. No. 5329 (N.S.) adopted 12-13-78)

Boarding: The provision of lodging, including room and board to paying guests on a monthly or longer basis.

(Added by Ord. No. 7160 (N.S.) adopted 6-18-86)

(Amended by Ord. No. 7363 (N.S.) adopted 8-19-87)

Boarding (Animals): The keeping of an animal or animals, such as a horse or dog, not owned by the property owner. In the case of a horse, this is part of the Horse Stable use type. In the case of other animals, boarding is allowed as part of a kennel or veterinary use type.

(Added by Ord. No. 10285 (N.S.) adopted 9-11-13)

(Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

Boarding or Rooming House: A residence or dwelling, other than a hotel, wherein three or more rooms, with or without individual or group cooking facilities, are rented to individuals under separate rental agreements, leases or subleases, either written or oral, whether or not an owner, agent, or rental manager is in residence. This does not include a Family Care Home.

(Added by Ord. No. 10359 (N.S.) adopted 10-29-14)

Body Painting Studio: Any establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on the human body when such body is wholly or partially nude in terms of specified anatomical areas.

(Added by Ord. No. 5840 (N.S.) adopted 7-30-80)

Bookstore: (See Adult Bookstore and General Bookstore)

(Added by Ord. No. 5840 (N.S.) adopted 7-30-80)

Borrow Pit: Premises from which soil, sand, gravel, decomposed granite or rock are removed for any purpose. For exceptions to Extractive Use Regulations see section 6557.

(Amended by Ord. No. 6133 (N.S.) adopted 7-22-81)

(Amended by Ord. No. 6298 (N.S.) adopted 5-26-82)

(Amended by Ord. No. 9958 (N.S.) adopted 12-10-08)

Brewery: An establishment which produces ales, beers, meads, hard ciders, and/or similar beverages in keeping with the regulations of the Alcohol Beverage Control (ABC) and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and other applicable state and local requirements. (See Microbrewery)

(Added by Ord. No. 10359 (N.S.) adopted 10-29-14)

Brewpub: A bona fide eating and drinking establishment (restaurant) with a limited area of the establishment designed and used for brewing beer, in keeping with the regulations of the Alcohol Beverage Control (ABC) and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and other applicable state and local requirements. (See Brewery)

(Added by Ord. No. 10359 (N.S.) adopted 10-29-14)

Building: Any structure used or intended for supporting or sheltering any use or occupancy.

Building, Accessory: (See Accessory Building)

Building, Facing: The linear length of a building or portion of a building occupied by a single establishment.

Building Height: (See Height, Building)

Building, High Rise: Any building over 55 feet in height.

(Added by Ord. No. 9935 (N.S.) adopted 4-23-08)

Building, Main: (See Main, Building)

Building, Multiple-Entrance: Any nonresidential structure which provides primary access from sidewalks, parking areas, external balconies or arcades, or other public areas directly into any one of two or more individual tenant/user spaces in such structure without requiring passage through a common hallway, entry way or courtyard.

(Added by Ord. No. 6092 (N.S.) adopted 7-1-81)

Building Site: One or more legally created lots when used in combination for a building or group of buildings together with all open spaces as required by this ordinance. (See Lot Area, Net).

(Amended by Ord. No. 6855 (N.S.) adopted 10-10-84)

Building Site Front: (Deleted by Ordinance No. 7576 (N.S.) Adopted 1-11-89)

Building Type: The development designator intended to regulate the structural types and arrangements of buildings, and the arrangement of uses within them.

Building Type, Mixed Residential-Nonresidential: That group of building types comprising the following:

1. Limited: A structure or structures containing one or more dwelling units in any vertical or horizontal arrangement and in which principal nonresidential use types are located only at the ground level, or at any level below the ground level of the building or structure.

2. Unlimited: A structure or structures containing one or more dwelling units in any vertical or horizontal arrangement and in which principal nonresidential use types may be located on any level of the building or structure.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

Building Type, Nonresidential: That group of building types comprising the following:

1. Detached: A building, freestanding and structurally separated from other buildings, located on a lot or building site which may be occupied by other buildings. 2. Attached: Two or more main buildings placed side-by-side so that some structural parts are touching one another, located on a lot or building site or portion thereof which may be either occupied or unoccupied by other main buildings.

Building Type, Residential: That group of building types comprising the following:

1. Single Detached: One dwelling unit, freestanding and structurally separated from any other dwelling unit or building, located on a lot or building site which is unoccupied by any other dwelling unit.

2. Double Detached: (See Duplex).

3. Semi-Detached: One dwelling unit, which is placed side-by-side and touching another dwelling unit or its garage, both of which are located on separate lots or building site unoccupied by any other dwelling unit.

4. Duplex: Two dwelling units placed side-by-side, which may be attached or detached, both of which are on a lot or building site which is unoccupied by any other dwelling unit.

5. Triplex: A multiple dwelling limited to three dwelling units arranged side-by-side or vertically so that some structural parts are touching one another, but freestanding and structurally separated from any other dwelling units, all of which dwelling units are located on a lot or building site which is unoccupied by any other dwelling unit.

6. Stacked: Dwelling units arranged vertically so that one dwelling unit is placed above or below the other. The number of

dwelling units shall not exceed the number permitted by the same building designator for other types of residential buildings.

7. Attached, Three to Eight Dwelling Units: 3 to 8 dwellings placed side-by-side so that some structural parts are touching one another, located on separate lots which are unoccupied by any other dwelling units.

8. Multi-Dwelling: A structure or structures containing a total of 3 or more dwelling units in any vertical or horizontal arrangement on a single lot or building site.

(Amended by Ord. No. 5768 (N.S.) adopted 6-4-80)

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6940 (N.S.) adopted 4-10-85)

Bulk Reverse Vending Machine: A grouping of reverse vending machines occupying more than 50 square feet, designed to accept more than one container at a time and paying by weight instead of by container.

(Added by Ord. No. 8058 (N.S.) adopted 4-15-92)

Business or Commerce: The purchase, sale or other transaction involving the handling or disposition of any article, service, substance or commodity for livelihood or profit; the management of office buildings, offices, recreational or amusement enterprises; or the maintenance and use of offices, structures and premises by professions and trades rendering services; or the use or leasing of land for promotion, display, or sales of mobilehomes or for the limitation of consumer choice as to services or products to be used in any mobilehome park to any one seller or group of sellers.

(Amended by Ord. No. 5612 (N.S.) adopted 10-10-79)

DEFINITIONS (C)

C-Weighted Sound Level (LCeq): The sound level in decibels as measured on a sound level meter using the C-weighting network. The C- weighting network measures sound that contains large low-frequency components. Sound measured using the C-weighting network is designated dBC.

(Added by Ord. No. 10262 (N.S.) adopted 5-15-13)

Cabana: A portable, demountable, or permanent room enclosure or other building erected or constructed for the use of the occupant of the mobilehome for human occupancy.

Cabaret: (See Adult Cabaret)

(Added by Ord. No. 5840 (N.S.) adopted 7-30-80)

Cable Television (CATV) System: Any facility which, in whole or in part, receives directly or indirectly from the air and amplifies or otherwise modifies electronic or microwave signals transmitting programs broadcast by one or more television stations and/or originates or purchases programs or electronic or microwave signals and distributes such signals or any of them by wire or cable to subscribing members of the public who pay for such service.

California Coastal Zone: That portion of the Coastal Zone described in Section 30103 of the California Coastal Act of 1976 (Public Resources Code Section 20000 et seq.) which is within the unincorporated territory of the County of San Diego.

(Added by Ord. No. 6743 (N.S.) effective 1-11-85)

Cannabis: Unless otherwise defined in this Section, the County adopts the State definitions of various terms related to cannabis and cannabis activities as used in this Chapter. Other applicable definitions shall be as provided in State law and other sections of County Code, as amended. Future changes to applicable definitions in State law shall take effect locally ninety (90) days after the change takes effect at the State level.

1. Cannabis: As defined in Business and Professions Code Section 26001(f) means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

2. Cannabis Facility: Any facility, business or operation which engages in medicinal or adult-use commercial cannabis activities.

3. Canopy: The designated area(s) at a licensed premises that will contain mature plants at any point in time. If plants are being cultivated using a shelving system, the surface area of each level shall be included in the total canopy calculation.

4. Commercial Cannabis Activity: Cannabis activities intended for commercial use including cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis or cannabis products, or acting as a cannabis event organizer for temporary cannabis events. This shall not include any personal use of cannabis.

5. Consumption Lounge: An area that is part of the premises of a licensed and permitted medicinal or adult-use commercial cannabis storefront retail facility or microbusiness containing a storefront retail facility, and that is designated for consumption of cannabis or cannabis products.

6. Cultivation Facility: A facility that engages in any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

a) Outdoor cultivation: The cultivation of cannabis outdoors in row crops or using agricultural shade structures or agricultural crop

structures without the use of artificial lighting in the cultivation area at any point in time.

b) Indoor cultivation: The cultivation of cannabis within a completely enclosed structure, not including a greenhouse or similar, using

exclusively artificial light.

c) Mixed-light cultivation: The cultivation of cannabis in an enclosed greenhouse or similar enclosed structure using a combination of natural light and artificial light.

7. Distribution: The procurement, sale, and transport of cannabis and cannabis products between licensees.

8. Distribution Facility: A facility that engages in the storage, packing, and labeling of cannabis or cannabis products for later distribution to permitted and licensed cannabis manufacturing facilities, cannabis testing laboratories, or cannabis retail facilities.

9. Manufacturing Facility: A facility that engages in aspects of the extraction process, infusion process, post-processing, remediation, and packaging and labeling processes, including processing, preparing, holding, and storing of cannabis products. Manufacturing also includes any processing, preparing, holding, or storing of components and ingredients.

10. Microbusiness: A facility that is authorized to engage in at least three (3) cannabis activities including cannabis cultivation up to 10,000 square feet of canopy area, distribution, manufacturing, and retail (storefront or non-storefront).

11. Non-Storefront Retail Facility: A facility that is closed to the public and provides cannabis products to customers solely by means of a delivery service which the retailer owns and controls.

12. Processing: All activities associated with the drying, curing, sifting, grading, trimming, rolling, storing, packaging, and labeling of cannabis or nonmanufactured cannabis products.

13. Storefront Retail Facility: A facility that engages in the retail sale and delivery of cannabis or cannabis products to customers.

14. Temporary Cannabis Event. An event of limited duration, and located in a specific area, which allows the on-site sale and/or consumption of cannabis at the event, in compliance with California Business and Professions Code Section 26200(e) and Chapter 25 of the San Diego County Code of Regulatory Ordinances.

15. Testing Laboratory: A laboratory, facility or entity in the State that offers or performs tests of cannabis or cannabis products and that is both of the following: (1) accredited by an accrediting body that is independent from all other persons involved in medicinal or commercial cannabis activity in the State; and (2) licensed by the State Department of Cannabis Control.

(Added by Ord. No. 11015 (N.S.) adopted 8-19-26)

Caretaker: A person who takes care of a parcel or building.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

Cargo Container: Any portable, reusable container generally referred to as a sea cargo container or cargo container and primarily designed or used for transporting freight by commercial transportation. When used for any purpose other than transporting freight a Cargo Container is a structure.

(Added by Ord. No. 9844 (N.S.) adopted 4-18-07)

Carnival or circus: A use meeting the definition of these terms as set forth in Section21.2401(a) of the San Diego County Code.

(Added by Ord. No. 10035 (N.S.) adopted 1-27-10)

Carport: A type of garage which is a roofed structure, or a portion of a building, open on 2 or more sides primarily for the parking of automobiles belonging to the occupants of the property.

(Amended by Ord. No. 8166 (N.S.) adopted 10-21-92)

Cat: A feline that has reached the age of 4 months.

Categorical Exemption: Certain classes of projects found by the Secretary for Resources of the State of California not to have substantial adverse effects on the environment, and thus are exempt from the EIR requirement.

Cellar: That portion of a building between floor and ceiling which is wholly or partly below grade (as defined in these regulations) and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling.

Cemetery: Land used or intended to be used for the burial of one or more dead human bodies or cremated remains thereof, including columbariums, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.

(Amended by Ord. No. 7850 (N.S.) adopted 1-16-91)

Certified Farmers’ Market: A temporary marketplace, either indoors or outdoors, for the display and sale of produce and other agricultural products such as, but not limited to, fresh fruits, vegetables, nuts, honey, shell eggs, flowers, and nursery stock, for which a Certified Farmers’ Market Certificate has been issued by the County Agricultural Commissioner pursuant to California Code of Regulations, Title 3, Division 3, Chapter 1, Subchapter 4, Article 6.5.

(Added by Ord. No. 9958 (N.S.) adopted 12-10-08)

Certified Recycling Facility: A recycling facility which has been certified by the California Department of Conservation as meeting the requirements of the California Beverage Container and Litter Reduction Act of 1986.

(Added by Ord. No. 8058 (N.S.) adopted 4-15-92)

Chimney: A hollow shaft containing one or more passages vertical or nearly so, for conveying products of combustion.

Child Care Center: A state-licensed facility of any capacity other than a family day care home for children in which less than 24 hour per day nonmedical care and supervision is provided for children in a group setting.

(Added by Ord. No. 6782 (N.S.) adopted 5-16-84)

Child Care Facility: A child day care facility other than a family day care home including, but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers.

(Added by Ord. No. 10068 (N.S.) adopted 8-4-10)

Chipping and Grinding: Is any activity that mechanically reduces the size of greenwaste and woodwaste to be used for a variety of

applications.

(Added by Ord. No. 10807 (N.S.) adopted 9-14-22)

Civic Plaza: Property owned by a public or non-profit civic organization for purposes of accommodating the public in the conduct of outdoor events of general community interest including, but not limited to, assemblages of persons for: hobby shows; club meetings; the display and/or sale of art and craft objects; farmer's market, home-grown agricultural products only; and, passive recreational uses.

(Added by Ord. No. 8581 (N.S.) adopted 9-20-95)

Clinic: Any place, establishment or institution which operates under the name or title of clinic, dispensary, health center, medical center, or any other work or phrase of like or similar import, either independently or in connection with any other purpose, for the purpose of furnishing at the place, establishment, or institution, advice, diagnosis, treatment, appliances or apparatus, to persons not residing or confined in the place, establishment, or institution, and who are afflicted with bodily or mental disease or injury.

Closet: Small room or recess primarily designed to store wearing apparel.

(Added by Ord. No. 6134 (N.S.) adopted 7-22-81)

College: A college, junior college or university supported by public funds, or a private college, junior college or university which gives comparable general academic instruction and degrees.

Columbarium: A structure, room, or other space in a building or a sepulchral vault containing niches or recesses in the walls for the inurnment of cremated human remains.

(Added by Ord. No. 9151 (N.S.) adopted 5-10-00)

Commercial Agriculture: Shall mean a routine and ongoing enterprise associated with a farm, grove, dairy, or other agricultural business, and shall include:

1. The cultivation and tillage of soil; crop rotation; fallowing for agricultural purposes; the production, cultivation, growing, replanting and harvesting of any agricultural commodity including viticulture, vermiculture, apiculture, or horticulture;

2. The raising of livestock, bees, fur bearing animals, fish or poultry, and dairying for sale;

3. Any practices performed by a farmer on a farm as incident to or in conjunction with farming operations, including the preparation for retail sale, delivery to storage or to market, or delivery to carriers for transportation to market; or

4. Ordinary pasture maintenance and renovation and dry land farming operations consistent with rangeland management and soil disturbance activities.

All such activities must be consistent with the economics of commercial agricultural operations and other similar agricultural activities. Commercial Agriculture does not include animal raising, crops or agriculture for personal consumption.

(Added by Ord. No. 10003 (N.S.) adopted 8-5-09)

(Amended by Ord. No. 10463 (N.S.) adopted 04-14-17)

Commercial Vehicle: A vehicle primarily designed, maintained or used to transport, for compensation, one or more persons or property of any kind. A vehicle primarily designed to transport one or more persons or property for compensation, whether or not it is being used or has been used for that purpose, is a commercial vehicle. A commercial vehicle includes, but is not limited to, a truck, truck tractor, trailer, semi-trailer and bus.

(Added by Ord. No. 9935 (N.S.) adopted 4-23-08)

Commercial Zone: A zone including a use regulation set forth in Sections2300 through 2499, inclusive.

(Added by Ord. No. 5508 (N.S.) adopted 5-16-79)

Common Area: That area which will be maintained by a homeowners association, County service area, or other form of cooperative organization. For purposes of these regulations, "common area" does not include open space which cannot legally be disturbed.

(Added by Ord. No. 7735 (N.S.) adopted 3-13-90; operative 10-01-90)

Community Composting: Refers to the scale and geographic focus of the composting activities. This type of composting is small in scale (20 cubic yard maximum) and is meant to facilitate composting on the neighborhood level. Community composting is not commercial and can occur within residential and agricultural settings.

(Added by Ord. No. 10807 (N.S.) adopted 9-14-22)

Community Garden: An area of land used to grow and harvest food crops by individuals or collectively by members of a group, and may be arranged into multiple plots.

(Added by Ord. No. 10204 (N.S.) adopted 3-28-12)

Concrete Batch Plant: Mixing plants for Portland cement concrete, transit concrete mixing plants, sand, gravel and cement mixing plants and soil cement mixing plants.

Concurrent Use Permit: (See Use Permit, Concurrent)

Construction: The placement of construction materials in their permanent position fastened in a permanent manner.

Construction and/or Use of the Property In Reliance on a Permit: The establishment of a use or structure pursuant to an approved discretionary permit as used in Section 7000, et seq. A use or structure shall be considered established when any of the following apply:

a. All required construction permits have been obtained, grading work and structural foundations are completed and substantial progress has been made on the above-grade construction without ceasing for a period greater than 12 months;

b. Partially Completed Projects. When an approved multiple building project has been partially completed, its discretionary permit shall remain valid unless work ceases for a period greater than twelve months, and no schedule for phased construction was authorized by

the discretionary permit;

c. Significant investment has been made toward off-site improvements, infrastructure or on-site improvements in preparation for project construction;

d. A certificate of occupancy has been issued and bonds guaranteeing site improvements have been released; or

e. A use not requiring any building permits is operating in compliance with all conditions of approval.

(Added by Ord. No. 10204 (N.S.) adopted 3-28-12)

Convenience Zone: An area within a one-half mile radius of a supermarket. A "supermarket" for purposes of this ordinance is defined as a full- line, self-service retail store with gross annual sales of two million dollars ($2,000,000) or more, and which sells a line of dry grocery, canned goods, or non-food items and some perishable items.

(Added by Ord. No. 8058 (N.S.) adopted 4-15-92)

Corner Cut-Off Area: An area provided and maintained for adequate and safe visibility for vehicular and pedestrian traffic at intersections of streets, alleys, or private driveways.

County Affordable Senior Housing Program: The County’s program to encourage the provision of senior rental housing that is affordable. See Section 6360 a.2.

(Added by Ord. No. 10068 (N.S.) adopted 8-4-10)

County Park: Any park (including Public Park/Playground/Recreational & Public Passive Park/Recreational Areas), community center, museum, beach park, or recreation facility, owned by, leased by, or under the control of the County.

(Added by Ord. No. 6615 (N.S.) adopted 6-22-83)

(Amended by Ord. No. 10697 (N.S.) adopted 11-18-20, effective 03-15-21)

Crawl Space: Any unfinished accessible space, located below the first floor of a structure, which has non-excavated, natural grade with no slab; normally enclosed by a foundation wall which is intended to provide sufficient access to otherwise concealed ductwork, piping or wiring. Any such area that is designated, arranged or built as to be used for business, storage, or habitation shall not be considered crawl space and shall be counted as storage area and/or habitable space and shall be designed to meet all requirements of storage areas or habitable space.

(Added by Ord. No. 10095 (N.S.) adopted 12-8-10)

Creamery: A milk products plant, as defined in the Food and Agricultural Code, in which a person engages in the business of handling, receiving, manufacturing, freezing, processing or packaging milk, or any product of milk. (see Section 6157.e)

(Added by Ord. No. 10463 (N.S.) adopted 04-14-17)

DEFINITIONS (D)

Dairy or Dairy Farm: An agricultural establishment raising large animals primarily for milking, including cattle, goats or sheep and as defined in the Food and Agricultural Code.

(Added by Ord. No. 10463 (N.S.) adopted 04-14-17)

Density: The number of dwelling units per acre.

Density Bonus: A density increase over the otherwise maximum allowable residential density under the Zoning Ordinance and land use element of the general plan as of the date of a complete application to the County.

(Added by Ord. No. 10068 (N.S.) adopted 8-4-10)

Density Bonus Housing Agreement: A legally binding agreement between a developer and the County to ensure that the requirements of the density bonus application and the Zoning Ordinance are satisfied.

(Added by Ord. No. 10068 (N.S.) adopted 8-4-10)

Density Bonus Permit: A permit issued by the County based upon an applicant’s compliance with the requirements of the Density Bonus Program at Sections 6350 through 6399 and the Density Bonus Permit Procedures at Sections7400 through 7449.

(Added by Ord. No. 10068 (N.S.) adopted 8-4-10)

Density Bonus Unit: As applied in the Density Bonus Program at Sections6350 through 6399 and the Density Bonus Permit Procedures at Sections 7400 through 7449, density bonus unit is a residential unit that exceeds the number of units allowed under the otherwise maximum allowable residential density for the development site.

(Added by Ord. No. 10068 (N.S.) adopted 8-4-10)

Density, Maximum Allowable Residential: (See Maximum Allowable Residential Density)

(Added by Ord. No. 10068 (N.S.) adopted 8-4-10)

Designated Historic Landmark: (See Historic Landmark)

(Added by Ord. No. 5330 (N.S.) adopted 12-13-78)

(Deleted by Ord. No. 7101 (N.S.) adopted 3-12-86)

Designator: The numbers or letters or combination of both which prescribe the regulations for the Use Regulations, Animal Regulations, Development Regulations, and Special Area Regulations. It appears on the zoning map and refers to names of Use Regulations, types of Animal Regulations, types of Development Regulations, or names of Special Area Regulations.

(Amended by Ord. No. 8166 (N.S.) adopted 10-21-92)

Detached: (See Building Type, Nonresidential)

Development Regulations: That element of the zone which is represented by 9 designators corresponding to 9 aspects of physical development. These 9 aspects are: density, lot size, building type, maximum floor area, floor area ratio, height, coverage, setback, and useable open space. The Development Regulations regulate these subjects, by using the designators, in terms of certain minimum or maximum standards or of permitted buildings types.

Development Standard: As applied to the Density Bonus Program at Sections6350 through 6399 and the Density Bonus Permit Procedures at Sections 7400 through 7449, development standard includes a site or construction condition including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation.

(Added by Ord. No. 10068 (N.S.) adopted 8-4-10)

Dog: A canine that has reached the age of 4 months.

Double Detached: (See Building Types, Residential)

Drive-In: (See Enclosure)

Drive-In Theater: (See Adult Drive-In Theater)

(Added by Ord. No. 5840 (N.S.) adopted 7-30-80)

Drive-Through: A building, use, or facility that provides a specified “drive-through” lane or driveway where customers receive a service or purchase goods while remaining in a motor vehicle. Drive-through facilities include fast food restaurants, pharmacies, and financial institutions that provide service windows and/or automated teller machines.

(Added by Ord. No. 10251 (N.S.) adopted 2-6-13)

Duplex: (See Building Type Residential)

Dwelling: A building or portion thereof used exclusively for residential purposes, including one-family, two-family and multiple dwellings, but not including hotels, boarding and lodging houses.

Dwelling Unit: A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation, and having only one kitchen.

Dwelling, Multi: (See Building Type, Residential)

DEFINITIONS (E)

Easement: A recorded right or interest in the land of another, which entitled the holder thereof to some use, privilege or benefit out of or over said land.

Emergency Shelter: Shall have the definition prescribed in California Health and Safety Code Section 50801.

(Amended by Ord. No. 10858 (N.S.) adopted 7-19-23)

Enclosed: (See Enclosure)

Enclosed Containers: Is any enclosure that is a static drum, wood bins, carts, enclosures (fabricated or purchased) or other container for the purpose of producing compost, maintained under uniform conditions of temperature and moisture where air-borne emissions are controlled. This is a good method for smaller community gardens with limited space.

(Added by Ord. No. 10807 (N.S.) adopted 9-14-22)

Enclosure: The degree that the storage and display of goods may be open and/or visible from public rights-of-way. The following are enclosure types:

1. Drive-In: Designed or operated so as to enable persons to receive a service or to purchase or to consume goods while remaining onsite within a parked motor vehicle.

2. Enclosed: A roofed structure contained on all sides by walls which are pierced only by windows, vents, or customary entrances and exits.

3. Open: Unroofed or not contained on all sides by walls which are pierced only by windows, vents, or customary entrances and exits.

4. Semi-Enclosed: Contained on at least 50 percent of its perimeter by walls which are pierced only by windows, vents, or customary entrances and exits. The open sides of partially open structures shall not be visible from any public right-of-way.

(Amended by Ord. No. 10251 (N.S.) adopted 2-6-13)

Environmental Assessment: A formal evaluation process to determine whether a proposed project will have a significant impact on the environment.

EIR - Environmental Impact Report: A report by the appropriate San Diego County granting authority which analyzes the environmental effects of a proposed project pursuant to the Environmental Quality Act of 1970.

(Amended by Ord. No. 6506 (N.S.) adopted 1-5-83.)

Essential Public Facility or Project: Any structure or improvement necessary for the provision of public services, which must be located in the particular location to service its purpose and for which no less environmentally damaging location, alignment, or non-structural alternative exists.

(Added by Ord. No. 7630 (N.S.) adopted 05-23-89)

Extenuating Circumstances: Events or requirements that are out of the control of the applicant, including but not limited to the following:

mandated requirements or review from other government agencies (e.g., United States [U.S.] Army Corp of Engineers, U.S. Fish and Wildlife Service, California Department of Fish and Wildlife, or San Diego Regional Water Quality Control Board permit requirements); the need to complete studies that include surveys or other associated requirements that are outside the applicant’s control (e.g. seasonal surveys, traffic counts during school year, etc.); the discovery of new environmental issues affecting the project; and/or financial hardship (e.g., loss of financing, change in circumstances affecting a loan, unanticipated and/or extraordinary costs).

(Added by Ord. No. 10784 (N.S.) adopted 4-27-22)

Exterior Wall: (See Wall, Exterior)

DEFINITIONS (F)

Factory-Built Housing: A unit defined as "factory-built housing" by Section 19971 of the Health and Safety Code which has the approval of the Department of Housing and Community Development of the State of California.

Family: An individual, or 2 or more persons (related or unrelated) living together as a single housekeeping unit in a dwelling unit.

(Amended by Ord. No. 7220 (N.S.) adopted 10-22-86)

Family Care Home: A state-authorized, certified, or licensed family care home, foster home, or group home serving six or fewer elderly, mentally disordered or otherwise handicapped persons or dependent and neglected children and providing such care and service on a 24- hour-a-day basis. No facility shall qualify as a family care home if it is operated in such manner that facilities, activities, or events thereon are shared by more than 6 elderly, mentally disordered or otherwise handicapped persons or dependent and neglected children.

(Amended by Ord. No. 6543 (N.S.) adopted 3-2-83)

Family Care Institution: A state-authorized, certified, or licensed family care home, foster home, or group home which does not qualify as a family care home.

Family Day Care Home for Children, Large: A state-licensed family day care home serving nine to fourteen children where care, protection and supervision are regularly provided in the caregiver's own home for periods of less than 24 hours per day, while the parents or guardians are away. The number of children shall include children under the age of 10 years who reside at the home.

(Added by Ord. No. 6782 (N.S.) adopted 5-16-84)

(Amended by Ord. No. 7743 (N.S.) adopted 3-28-90)

(Amended by Ord. No. 8897 (N.S.) adopted 3-18-98)

Family Day Care Home For Children, Small: A state-licensed family day care home serving eight or fewer children where care, protection and supervision are regularly provided in the caregiver's own home for periods of less than 24 hours per day, while the parents or guardians are away.

The number of children shall include children under the age of 10 years who reside at the home.

(Added by Ord. No. 7743 (N.S.) adopted 3-28-90)

(Amended by Ord. No. 8897 (N.S.) adopted 3-18-98)

Farm Employee: A person who derives more than half of their total livelihood in the service of another person as an employee engaged in active commercial agriculture. "Farm Employee" does not include the owner or lessee of a particular property, or a person engaged in construction, alteration, painting, or repair of a structure, logging, or land surveying. "Farm Employee" may include a person engaged in brush or timber clearing, land grading or leveling when such activity is being carried out in preparation for farming.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 7110 (N.S.) adopted 4-2-86)

(Amended by Ord. No. 10003 (N.S.) adopted 8-5-09)

Farm Employee Housing: A living unit or units for farm employees and their families consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household. This is an accessory use to active Commercial Agriculture, subject to Section 6156.u. Farm Employee Housing is not subject to Density Regulations.

(Added by Ord. No. 7790 (N.S.) adopted 08-01-90. This ordinance will expire on August 31, 1993, unless extended in connection with GPA 93-02)

(Amended by Ord. No. 10003 (N.S.) adopted 8-5-09)

Farm Labor Camp: A living unit or units used for housing by 13 or more Farm Employees and their families or with 37 or more beds in a group quarters. This is an agricultural use, as a part of active commercial agriculture, subject to Section 1750 and Section 6906. A Farm Labor Camp is not subject to Density Regulations.

(Added by Ord. No. 10003 (N.S.) adopted 8-5-09)

Farmers’ Market, Certified: (See Certified Farmers’ Market)

(Added by Ord. No. 9958 (N.S.) adopted 12-10-08)

Feedstock: Is any compostable material used in the production of compost or chipped and ground material including, but not limited to, agricultural material, green material, vegetative food material, food material, biosolids, digestate, and mixed material. Feedstocks shall not be considered as either additives or amendments.

(Added by Ord. No. 10807 (N.S.) adopted 9-14-22)

Fence, Non-View-Obscuring: (See Fence, Open)

(Added by Ord. No. 5786 (N.S.) adopted 6-4-80)

Fence, Open: A fence (and the gates in such fence) which permits direct vision through at least 80 percent of any one square foot segment of fence surface.

(Added by Ord. No. 5786 (N.S.) adopted 6-4-80)

Fence, Solid: A fence (and the gates in such fence) constructed of solid material through which no visual images or light may be seen. Openings in such fence (and its gates when closed) shall not exceed 2 percent of any one square foot segment of the fence's surface which is more than 8 inches above the ground.

(Added by Ord. No. 5786 (N.S.) adopted 6-4-80)

Fence, View-Obscuring: A fence (and the gates in such fence) whose surface is covered by solid or opaque material through which no visual images may be seen. Openings in such a fence (and its gates when closed) shall not exceed 20 percent of any one square foot segment more than 8 inches above the ground, nor shall any opening exceed one-half inch in width. Woven wire or chain link fences containing slats are not view-obscuring fences.

(Added by Ord. No. 5786 (N.S.) adopted 6-4-80)

Fill: Any material or substance which is deposited, pushed, dumped, pulled or otherwise transported or moved to a new location for the purpose of elevating an area above the floodplain. Examples of fill materials include but are not limited to earth, excavated or dredged materials, sand, gravel, rock, asphalt, refuse and concrete rubble.

(Added by Ord. No. 7630 (N.S.) adopted 05-23-89)

Financial Pro Forma: As applied in the Density Bonus Program at Sections6350 through 6399 and the Density Bonus Permit Procedures at Sections 7400 through 7449, a financial statement which clearly demonstrates that a requested incentive results in identifiable, financially sufficient, and actual cost reductions that contribute significantly to the economic feasibility of the reserved units in a proposed housing development.

(Added by Ord. No. 10068 (N.S.) adopted 8-4-10)

Flood: A general and temporary condition of partial or complete inundation of normally dry land area lying outside normal stream channel as a result of one or more of the following occurrences or conditions - the overflow of inland or tidal waters, or the unusual and rapid accumulation or runoff of surface waters from any source.

Flood, 10-Year: A flood estimated to occur at an average of once in 10 years (the flood having a 10 percent chance of being equaled or exceeded in any given year).

(Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

Flood, 100-year: A flood estimated to occur at an average of once in 100 years (the flood having a one percent chance of being equaled or exceeded in any given year).

(Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

Floodplain: The relatively flat area of low lands adjoining, and including, the channel of a river, stream, watercourse, bay, or other body of water which is subject to inundation by the flood waters of the one-hundred year frequency flood as shown on flood plain maps approved by the Board of Supervisors.

(Added by Ord. No. 7630 (N.S.) adopted 05-23-89)

Floodplain Fringe: The area within the floodplain that is not the floodway.

(Amended by Ord. No. 7630 (N.S.) adopted 05-23-89)

Floodway: All that land as determined by the Director of Public Works, which meets the following criteria:

a. The floodway shall include all areas necessary to pass the 100-year flood without increasing the water surface elevation more than one foot, or in the case of San Luis Rey River, San Dieguito River, San Diego River, Sweetwater River, and Otay River, upon adoption by the Board of Supervisors of revised floodplain maps which so specify, the increase shall be no more than 2/10 of one foot.

b. The floodway shall include all land necessary to convey a ten-year flood without structural improvements.

c. To avoid creating erosion and the need for channelization, rip-rap or concrete lining, the floodway will not be further reduced in width when the velocity at the floodway boundary is six feet per second or greater.

d. Floodways are determined by removing equal conveyance (capacity for passing flood flow) from each side unless another criterion controls.

(Amended by Ord. No. 7630 (N.S.) adopted 05-23-89)

Floor Area: The area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and courts. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above.

Floor Area, Gross: The area included within the surrounding walls of a building plus any roofed, partially roofed or open area customarily used for display or business operations. Interior open court may be exempt if not used for display or business operations.

(Added by Ord. No. 6940 (N.S.) adopted 4-10-85)

Floor Area, Ground: The gross horizontal area of that floor which is located at the ground level of a building or structure.

Floor Area, Ratio: The numerical value obtained by dividing the gross floor area of a building or buildings located upon a lot or building site by the net site area of such lot or building site.

Food Materials: Is any waste material of plant or animal origin that results from the preparation or processing of food for animal or human consumption. Food material includes, but is not limited to, food waste from food facilities as defined in California Health and Safety Code, food processing establishments, grocery stores, institutional cafeterias (such as prisons, schools, and hospitals), and residential food scrap collection.

(Added by Ord. No. 10807 (N.S.) adopted 9-14-22)

Food Sales Push Cart: A mobile food facility on/in which food is prepared, stored or displayed for the purpose of sale or given away without charge. This does not include self propelled or motorized vehicles or trailers which are designed so as to allow a person to be within such mobile food facility. This does not include agricultural stands or agricultural stores related to commercial agriculture operations.

(Added by Ord. No. 6761 (N.S.) adopted 4-25-84)

(Amended by Ord. No. 10463 (N.S.) adopted 4-14-17)

Frontage: The length of any one property line of a premises, which property line abuts a legally accessible street right-of-way.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

DEFINITIONS (G)

Game Of Skill Or Amusement: Any mechanical, electrical, electronic, or video machine, device or apparatus, or combination thereof, the operation or use of which is permitted, controlled, allowed or made possible by the deposit or placing of any coin, plate, disk, slug or key into any slot, crevice or other opening or by the payment of any fee or fees, for the use as a game, contest or amusement of any description, or which may be used for any such game, contest or amusement, and the use or possession of which is not prohibited by any law of the State of California. This definition shall include video games which generate or display a computer or electronically created image on a screen, but shall exclude a "peep show device."

(Added by Ord. No. 8015 (N.S.) adopted 12-4-91)

Garage, Parking: (See Parking Garage)

Garage, Private: (See Private Garage)

Garage, Public: (See Public Garage)

Gate Entry Structure: A structure located over or near ways of ingress and egress designed to identify an entrance or exit point for pedestrian or vehicular access to private property. Gate entry structure includes, but is not limited to, posts, columns, pilasters or other elements whether free standing or part of a wall or fence, and any associated gate. A post or other support element which does not exceed the permitted fence height and functions only to support a gate shall not be considered a gate entry structure.

(Added by Ord. No. 8246 (N.S.) adopted 5-19-93

General Bookstore: An establishment engaged in the buying, selling and/or trading of new and/or used books, manuscripts and periodicals of general interest. A general bookstore does not include an establishment that is encompassed by the definition of adult bookstore.

(Added by Ord. No. 5840 (N.S.) adopted 7-30-80)

General Motion Picture Theater: A building or part of a building intended to be used for the specific purposes or presenting entertainment as defined herein, or displaying motion pictures, slides, or closed circuit television pictures before an individual or assemblage of persons, whether such assemblage be of a public, restricted or private nature, except a home or private dwelling where no fee, by way of an admission charge, is charged; provided, however, that any such presentations are not distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas in that any such depiction or description is only incidental to the plot or story line. A general motion picture theater does not include any establishment that is defined by Adult Motion Picture Theater, Adult Mini- Motion Picture Theater, Adult Motion Picture Arcade, or Adult Drive-In Theater.

(Added by Ord. No. 5840 (N.S.) adopted 7-30-80)

Grade: For the purpose of determining building height and calculating the number of stories, grade is the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than 5 feet from the building, between the building and a line 5 feet from the building.

(Amended by Ord. No. 7048 (N.S.) adopted 10-09-85)

Green Materials: Refers to any plant material except food material and vegetative food material. Green material includes, but is not limited to, tree and yard trimmings, untreated wood wastes, natural fiber products, wood waste from silviculture and manufacturing, and construction and demolition wood waste.

(Added by Ord. No. 10807 (N.S.) adopted 9-14-22)

Green Waste: Wood and excess plant material derived from the maintenance or trimming of trees, lawns, landscaped areas or areas of agricultural production and consisting of such organic waste as brush, leaves, garden wastes, orchard and vineyard prunnings and crop residues.

(Added by Ord. No. 8058 (N.S.) adopted 4-15-92)

Gross Floor Area: (See Floor Area, Gross)

(Added by Ord. No. 6940 (N.S.) adopted 4-10-85)

Gross Lot Area: (See Lot Area, Gross)

(Amended by Ord. No. 6855 (N.S.) adopted 10-10-84)

Ground Floor Area: (See Floor Area, Ground)

Groundwater Extraction Operation: Any property containing a well, spring box or other device through which groundwater is collected or extracted for sale. Groundwater Extraction Operations includes all appurtenant structures and facilities associated with the collection, extraction, storage, transfer and transportation of the groundwater, whether or not such appurtenant structures and facilities are located on the same legal lot as that from which the groundwater is collected or extracted. Groundwater Extraction Operation does not include the following:

1. Incidental and occasional sale or transport of water in amounts up to 5,000 gallons per any consecutive seven day period, except when in the residential zones and the S80 Open Space and S81 Ecological Resource Area zones.

2. Water vending by machine, as allowed by Section 6156 ee.

   3. Wells serving public water supply systems, as permitted by the County Department of Environmental Health or the State Department of Health Services, which distribute water through pipelines for domestic purposes.

   4. Wells providing water only to public agencies to protect the public welfare for emergency uses such as for fire suppression and during temporary drought conditions, and/or for otherwise exempt uses.

   5. Wells and springs providing water only to irrigate any agricultural use, that would not require transport on any public street or highway, and/or for otherwise exempt purposes.

   6. Wells providing water exclusively to four or fewer contiguous residential parcels.

(Added by Ord. No. 8050 (N.S.) adopted 4-8-92)

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95)

(Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

Guest Living Quarters: Living quarters attached to a primary dwelling unit without interior access or within a detached accessory building, which are for the sole use of persons employed on the premises or for temporary use by guests of the occupants of premises. Individual guests may be accommodated for a period not to exceed thirty (30) calendar days in any calendar year. Guest living quarters have neither kitchen facilities, wetbars nor laundry facilities and are not rented or otherwise used as a separate dwelling.

(Amended by Ord. No. 6134 (N.S.) adopted 7-22-81)(Formerly Guest House)

(Amended by Ord. No. 7576 (N.S.) adopted 1-11-89)

(Amended by Ord. No. 8897 (N.S.) adopted 3-18-98)

(Amended by Ord. No. 9935 (N.S.) adopted 4-23-08)

(Amended by Ord. No. 9982 (N.S.) adopted 4-22-09)

DEFINITIONS (H)

Habitable Space: A space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, are not considered habitable space.

(Added by Ord. No. 6654 (N.S.) adopted 9-21-83)

Hardscape: Patterned paving material (i.e., tile or mortared pavers, wood timbers, colored patterned concrete providing a tile, brick or stone appearance), or an integral continuation of patterned paving material with enhanced concrete such as exposed aggregate, colored or salt finish.

(Added by Ord No 7735 (NS) adopted 3-13-90; operative 10-01-90)

Height, Building: The vertical distance above a referenced datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitch or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building:

1. The elevation of the highest adjoining sidewalk or ground surface within a 5-foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above lowest grade.

2. An elevation 10 feet higher than the lowest grade when the sidewalk or ground surface described in Item 1 above is more than 10 feet above lowest grade.

The height of a stepped or terraced building is the maximum height of any segment of the building.

(Amended by Ord. No. 7048 (N.S.) adopted 10-09-85)

Helicopter: A heavier than air aircraft that can take-off and land vertically or near vertically.

(Added by Ord. No. 7058 (N.S.) adopted 10-30-85)

Helipad: An area located on a commercial or public structure used for the take-off and landing of helicopters for the purpose of picking up or discharging passengers or cargo, but not including fuel service, maintenance or overhaul.

(Added by Ord. No. 7058 (N.S.) adopted 10-30-85)

Heliport: An area of land or water used for the take-off and landing of helicopters which area includes passenger and cargo facilities, maintenance and overhaul, fueling service, storage space, tie-down space, other accessory buildings, and open spaces.

(Added by Ord. No. 7058 (N.S.) adopted 10-30-85)

Helistop: An area of land, water or structure which is not designated as either a heliport or a helipad, used for the take-off and landing of a helicopter which is owned or controlled by the owner or occupant of the premises. Helistops are limited to tie-down or hangar facilities for the accommodation of a single helicopter. A helistop shall not include facilities for fuel service, maintenance or overhaul and shall not accommodate helicopters used for common carriers.

(Added by Ord. No. 7058 (N.S.) adopted 10-30-85)

Historic/Archaeological District: For purposes of this ordinance the term "Historic/Archaeological District" shall be defined as an area which has been identified as containing multiple historic, cultural, architectural and/or archaeological resources that have been recognized by the application of a special area designator pursuant to Section 5703 of this ordinance to promote the preservation, protection and perpetuation of the historic, archaeological, architectural and/or cultural values.

(Added by Ord. No. 7101 (N.S.) adopted 3-12-86)

(Amended by Ord. No. 8114 (N.S.) adopted 7-29-92)

Historic/Archaeological Landmark: For the purpose of this ordinance the term "Historic/Archaeological Landmark" shall mean a single site, including the associated buildings, structures and plant life, which is considered to have historic and/or prehistoric significance due to its association with past events of historical, cultural, architectural and/or archaeological value and which has been recognized by the Board of Supervisors by the application of a special area designator pursuant to Section 5703 of this ordinance.

(Added by Ord. No. 5330 (N.S.) adopted 12-13-78)

(Amended by Ord. No. 7101 (N.S.) adopted 3-12-86)

(Amended by Ord. No. 8114 (N.S.) adopted 7-29-92)

Home Occupation: An occupation customarily conducted as an accessory use to a residential use entirely within a building containing a residential use or an attached garage.

(Amended by Ord. No. 6761 (N.S.) adopted 4-25-84)

Horse: A horse is an equine that has reached the age of 12 months. The definition of a horse or equine also includes donkey, mule or burro.

(Amended by Ord. No. 10285 (N.S.) adopted 9-11-13)

Horsekeeping: The keeping of horses in a building or in an animal enclosure on premises where the horses are owned by the owners or the occupants of the premises, and where no horses are kept for commercial purposes. Horses allowed under Horsekeeping are an agricultural use.

Horses kept for hire, breeding, boarding, raising, riding or performing for commercial purposes are considered part of a Horse Stable.

(Amended by Ord. No. 8166 (N.S.) adopted 10-21-92)

(Amended by Ord. No. 10285 (N.S.) adopted 9-11-13)

Horse Stable: A stable consisting of, but not limited to, animal enclosures, riding arenas, corrals, paddocks, pens and/or other structures used for the boarding, breeding, raising, rehabilitation, riding training and/or performing of horses, by the owners, occupants or persons other than the owners or the occupants of the premises, for commercial purposes. See Animal Schedule for allowed zones and uses. For the private use of horses by the owner or occupants of a premises, see Horsekeeping.

(Added by Ord. No. 10285 (N.S.) adopted 9-11-13)

Hospital: An institution which specializes in giving clinical, temporary and emergency services of a medical or surgical nature to injured persons and which maintains and operates 24-hour inpatient services for the diagnosis and treatment of patients. Any hospital shall be so licensed by the State Department of Health.

(Amended by Ord. No. 5330 (N.S.) adopted 12-13-78)

Host Home: A single-family dwelling in which no more than two bedrooms are made available for rent on a less than weekly basis to provide lodging, including overnight sleeping accommodations and breakfast. (see Section 6156.hh)

(Added by Ord. No. 7160 (N.S.) adopted 6-18-86)

(Deleted by Ord. No. 7363 (N.S.) adopted 8-19-87) (See Bed and Breakfast Home)

(Added by Ord. No. 7515 (N.S.) adopted 7-13-88)

(Amended by Ord. No. 10463 (N.S.) adopted 4-14-17)

Household, Low or Lower Income: A household whose income does not exceed the lower income limits applicable to San Diego County as published and periodically updated by the California Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code.

(Added by Ord. No. 10068 (N.S.) adopted 8-4-10)

Household, Moderate Income: A household whose income does not exceed the moderate income limits applicable to the San Diego County as published and periodically updated by the California Department of Housing and Community Development pursuant to Section 50093 of the California Health and Safety Code.

(Added by Ord. No. 10068 (N.S.) adopted 8-4-10)

Household, Very Low Income: A household whose income does not exceed the very low income limits applicable to San Diego County, as published and periodically updated by the California Department of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code.

(Added by Ord. No. 10068 (N.S.) adopted 8-4-10)

Housing Assistance Plan: The Housing Assistance Plan adopted by the Board of Supervisors as part of the application for community development block grants from the federal government.

Housing Development: As applied in the Density Bonus Program at Sections6350 through 6399 and the Density Bonus Permit Procedures at Sections 7400 through 7449, housing development shall mean a development project for five or more residential units and be as further defined in Section 65915(i) of the California Government Code.

(Added by Ord. No. 10068 (N.S.) adopted 8-4-10)

Hydroponics: A form of agriculture in which plants are grown in water or an inert supportive medium and as defined in the Food and Agricultural Code.

(Added by Ord. No. 10463 (N.S.) adopted 4-14-17)

DEFINITIONS (I)

Inactive Permit Application: The condition which occurs when requested materials, funds, and/or other information necessary to proceed with processing a discretionary permit application (e.g., a Use Permit, Administrative Permit, Site Plan, Variance, or other discretionary permit) have not been submitted within 12 months of the last written request by the Department.

(Added by Ord. No. 10784 (N.S.) adopted 4-27-22)

Inactive Permit Application Holder: The applicant or owner of record of an Inactive Permit Application.

(Added by Ord. No. 10784 (N.S.) adopted 4-27-22)

Incentive: As applied in the Density Bonus Program at Sections6350 through 6399 and the Density Bonus Permit Procedures at Sections 7400 through 7449, incentive shall mean such regulatory incentive or concession as defined in California Government Code Subsection 65915(k).

(Added by Ord. No. 10068 (N.S.) adopted 8-4-10)

Incidental Landing Area: An area of land, water or structure which is not designated as a heliport, helipad or helistop and is required for the landing of helicopters for emergencies, public service or maintenance activities and is not a permanent landing or storage area for a helicopter.

(Added by Ord. No. 7058 (N.S.) adopted 10-30-85)

Industrial Zone: A zone including a use regulation set forth in Sections2500 through 2599, inclusive.

(Added by Ord. No. 5508 (N.S.) adopted 5-16-79)

Inoperative or Wrecked Motor Vehicles, Storage of: (See Storage of Inoperative or Wrecked Motor Vehicles)

(Added by Ord. No. 10095 (N.S.) adopted 12-8-10)

In-vessel: These in-vessel systems can compost anywhere from a few pounds to over 60 tons a day. Is an aerobic process in which compostable material is enclosed in a static or motorized drum or other container for the purpose of producing compost, maintained under uniform conditions of temperature and moisture where air-borne emissions are controlled. This is a good method for smaller community gardens with limited space. Larger commercial facilities in-vessel systems are fully automated with sensors to monitor temperature, oxygen, and moisture.

(Added by Ord. No. 10807 (N.S.) adopted 9-14-22)

DEFINITIONS (J)

Junk: Means secondhand or used machinery, equipment, appliances, furniture, motor vehicle parts, tires, lumber, rope, bottles, pipe, wire, drums, scrap metal, construction material, packaging material, including items made of or containing wood, metal, paper, plastic, clay, brick, glass, porcelain, rubber, concrete, or other personal property.

(Amended by Ord. No. 9935 (N.S.) adopted 4-23-08)

Junkyard: Any parcel, lot, contiguous lots or portions thereof used for dismantling, salvage, outside storage, purchase, sale, or exchange of junk, or containing any activity in the Scrap Operations use type. It is not an exception to this definition that a person intends or proposes to use the junk for some purpose.

(Added by Ord. No. 5786 (N.S.) adopted 6-4-80)

(Amended by Ord. No. 9935 (N.S.) adopted 4-23-08)

DEFINITIONS (K)

Kennel: Any lot, building, structure, enclosure or premises whereupon or wherein are kept seven or more dogs, cats or similar small animals in any combination, whether such keeping is for pleasure, profit, breeding, or exhibiting, and including places where dogs or cats or similar small animals in any combination are boarded, kept for sale, or kept for hire.

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95)

Kitchen: Any room used or intended or designed to be used for cooking or the preparation of food, including any room having a sink and either a 3/4 inch gas opening or provision for an electric stove.

DEFINITIONS (L)

Legitimate or Live Theater: A theater, concert hall, auditorium or similar establishment which, for any fee or consideration, regularly features live performances which are not distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas in that any such depiction or description is only incidental to the primary purpose of the performance.

(Added by Ord. No. 5840 (N.S.) adopted 7-30-80)

Limited: (See Building Type, Mixed Residential-Nonresidential)

Livestock: An animal raised for food or other products. Typical examples include cattle, poultry and pigs. Animals raised for pleasure, exhibition or racing shall not be considered livestock.

(Added by Ord. No. 10003 (N.S.) adopted 8-5-09)

Living Area: The floor area under the roof of a dwelling unit that is contained within the interior surface of its perimeter walls, except as follows: Living area does not include garages or attics and basements not designed, intended, and constructed for human habitation.

(Added by Ord. No. 8409 (N.S.) adopted 6-1-94)

(Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

Living Unit: Any building or vehicle designed or used for human habitation, including, but not limited to a dwelling, guest house, accessory living quarters, farm employee housing, farm labor camp, transient habitation unit, or mobilehome.

(Added by Ord. No. 5508 (N.S.) adopted 5-16-79)

Loading Space: An area, other than a street or alley, on the same lot with a building or a group of buildings which is permanently reserved and maintained for the temporary parking of commercial vehicles while loading or unloading merchandise or materials.

Lot: Any of the following:

1. A parcel of real property shown as a delineated parcel of land with a number or other designation on a final map of subdivision recorded in the office of the County Recorder of San Diego County; or

2. A parcel of land, the dimensions or boundaries of which are defined by a Record of Survey Map recorded in the office of the County Recorder of San Diego County in accordance with the law regulating the subdivision of land; or

3. A parcel of real property not delineated in (1) or (2) above, and containing not less than the prescribed minimum area required in the zone in which it is located and which abuts at least one street and is held under one ownership.

Lot Area: The total area exclusive of street within the boundary lines of a lot. Lot Area, Gross: The total area of a legally created parcel including:

1. All private streets and other easements (such as open space easements) where the underlying property is held in fee title.

2. The area to the centerline of any abutting Non-Mobility Element road right-of-way, and

3. Only the 30 foot local interest portion of any abutting Mobility Element road right-of-way shall be included.

4. The area within any trail easement dedicated pursuant to the County Trails Program.

(Added by Ord. No. 6855 adopted on 10-10-84)

(Amended by Ord. No. 9935 (N.S.) adopted 4-23-08)

(Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

Lot Area, Net: The gross area of a parcel minus:

1. The area of any street right-of-way,

2. Any fenced flood control or walkway easement. The area within any trail easement dedicated pursuant to the County Trails Program shall not be subtracted from the gross area of a parcel to calculate the Net Lot Area.

3. Irrevocable offers of dedication when the property is within a Village classification of the General Plan; and

4. The area contained in the panhandle of a panhandle lot when the lot is in a zone where the minimum required lot size is 10,000 square feet or less.

(Added by Ord. No. 6855 (N.S.) adopted 10-10-84)

(Amended by Ord. No. 9935 (N.S.) adopted 4-23-08)

(Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

Lot, Corner: A lot situated at the angle point of a street or the intersection of 2 or more streets, which has an angle of intersection of not more than 135 degrees. Such a lot shall comply with the required setbacks for both front and exterior side yards.

(Amended by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Amended by Ord. No. 9690 (N.S.) adopted 12-15-04)

Lot Coverage: The percentage of net site area covered by the vertical projection of any structure excluding any structure not extending above grade.

Lot, Interior: A lot other than a corner lot.

Lot Depth: The horizontal length of a straight line connecting the bisecting points of the front and rear lot lines.

Lot Line, Front: The line separating the front of the lot from the street. When a lot or building site is bounded by a public street and one or more alleys or private street easements or private streets, the front lot line shall be the nearest right-of-way line of the public street.

Lot Line, Rear: The record lot line or lines most distant from and generally opposite the front lot line, except that in the case of an interior triangular or goreshaped lot, it shall mean a straight line 10 feet in length which (a) is parallel to the front line or its chord and (b) intersects the 2 other lot lines at points most distant from the front lot line.

(Added by Ord. No. 5508 (N.S.) adopted 5-16-79)

Lot Line, Side: Any lot boundary line not a front lot line or a rear lot line.

Lot, Mobilehome: (See Mobilehome Lot)

Lot, Panhandle: A panhandle lot is a lot where a portion of the lot is less than 35 feet wide for a distance of 50 feet or more and which is designed or used to provide pedestrian or vehicular access to the part of the lot which is designed for use as a building site.

(Amended by Ord. No. 6855 adopted 10-10-84)

Lot Size: (See Lot Area)

(Amended by Ord. No. 6855 adopted on 10-10-84)

Lot, Through: A lot fronting on 2 parallel or approximately parallel streets.

Lot Width: The horizontal distance between the side lot lines measured at right angles to the line comprising the depth of the lot at a point midway between the front and rear lot lines.

Low Barrier Navigation Center: Shall have the meaning prescribed in California Government Code Section 65660.

(Amended by Ord. No. 10858 (N.S.) adopted 7-19-23)

Low-Income Family: (See Household, Low or Lower Income)

(Added by Ord. No. 5781 (N.S.) adopted 6-4-80)

(Amended by Ord. No. 10068 (N.S.) adopted 8-4-10)

Low-Income Household: (See Household, Low or Lower Income)

(Added by Ord. No. 5781 (N.S.) adopted 6-4-80)

(Amended by Ord. No. 10068 (N.S.) adopted 8-4-10)

Lower-Income Family: (See Lower-Income Household; Household, Low or Lower Income)

(Amended by Ord. No. 10068 (N.S.) adopted 8-4-10

Lower-Income Household: A household which cannot obtain decent, safe, and sanitary housing without assistance, as determined pursuant to standards established by the Board of Supervisors. (Also see Household, Low or Lower Income)

(Added by Ord. No. 5781 (N.S.) adopted 6-4-80)

(Amended by Ord. No. 10068 (N.S.) adopted 8-4-10

DEFINITIONS (M)

Main Building: A building or structure which is devoted primarily to a principal use or uses; or, the only building on a lot or building site.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

Major Use Permit: (See Use Permit, Major)

Manufactured Home: (See Mobilehome)

(Added by Ord. No. 6215 (N.S.) adopted 1-13-82)

Manufacturing Zone: A zone including a use regulation set forth in Sections2500 through 2599, inclusive.

(Added by Ord. No. 5508 (N.S.) adopted 5-16-79)

Market Rate Unit: A dwelling unit that is not a reserved unit.

(Added by Ord. No. 10068 (N.S.) adopted 8-4-10)

Marijuana Facility: (See Cannabis Facility)

(Amended by Ord. No. 10749 (N.S.) adopted 10-6-21)

Massage Parlor: An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the State of California.

(Added by Ord. No. 5840 (N.S.) adopted 7-30-80)

(Amended by Ord. No. 9935 (N.S.) adopted 4-23-08)

Master Antenna Television (MATV) System: A facility as described in Cable Television (CATV) System, but differentiated from the definition of a (CATV) System by virtue of (a) serving fewer than 50 subscribers, or (b) serving only the residents of an apartment dwelling under common ownership and consisting of not more than two buildings, or (c) providing service without charge.

Materials Recovery Facility: A facility that accepts source-separated or commingled recyclable materials, usually in an enclosed building, from collection facilities and the public; processes the materials into resalable condition, and markets the materials to companies for reuse. The end- products are materials recovered through the process. A materials recovery facility is considered to be a General Industrial use type and as such is permitted in the same locations and under the same conditions as other general industrial uses.

(Added by Ord. No. 8058 (N.S.) adopted 4-15-92)

Maximum Allowable Residential Density: The density calculated under Section 4115 of the Zoning Ordinance. If the density allowed under the Zoning Ordinance is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail.

(Added by Ord. No. 10068 (N.S.) adopted 8-4-10)

Meteorological Testing (MET) Facility: A tower with or without guy wires and any other equipment with a component, such as an anemometer or SODAR device, to measure meteorological phenomena, such as wind speed, wind direction, air pressure, rain, snow or sun exposure. A MET Facility shall not include a Wind Turbine.

(Added by Ord. No. 9971 (N.S.) adopted 02-25-09)

Mezzanine or Mezzanine Floor: An intermediate floor placed in any story or room. When the total area of any such Mezzanine Floor exceeds 33 1/3 percent of the total floor area in that room, it shall be considered as constituting an additional story. The clear height above or below a Mezzanine Floor construction shall be not less than 7 feet. An enclosed Mezzanine shall be counted as a story.

(Amended by Ord. No. 7048 (N.S.) adopted 10-09-85)

Microbrewery: A brewery that produces no more than 15,000 barrels of ales, beers, meads, hard ciders, and/or similar beverages on-site per year, in keeping with the regulations of the Alcohol Beverage Control (ABC) and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and other applicable state and local requirements. (See Brewery)

(Added by Ord. No. 10359 (N.S.) adopted 10-29-14)

Microbrewery, Agricultural: A Microbrewery allowed as an accessory use to active Commercial Agriculture operation producing hops, barley or grain grown on the premises for brewing on-site. (see Section 6157.d)

(Added by Ord. No. 10463 (N.S.) adopted 4-14-17)

Micro-Distillery, Agricultural: A distillery allowed as an accessory use to an active Commercial Agriculture operation producing grains or vegetables the premises for distilling on-site. (see Section 6157.d)

(Added by Ord. No. 10463 (N.S.) adopted 4-14-17)

Military Operating Area: A three dimensional airspace designated for military training and transport activities that has a defined floor (minimum altitude) and ceiling (maximum altitude) above mean sea level.

(Added by Ord. No. 10261 (N.S.) and Ord. No. 10262 (N.S.) adopted 5-15-13)

Mini-Mobilehome Park: A mobilehome park subject to the regulations of Sections6530 through 6544, inclusive.

(Added by Ord. No. 5612 (N.S.) adopted 10-10-79)

Minor Deviation: A slight increase or decrease in size, height or scope of a proposed project from the original approved permit decision and associated plans of an Administrative Permit, Variance, Site Plan or Use Permit which is considered in substantial conformance with the original approved project or latest approved modification.

(Added by Ord. No. 10204 (N.S.) adopted 3-28-12)

Minor Use Permit: (See Use Permit, Minor)

Mobile Commercial Butchering: A motor vehicle or trailer, licensed by the Department of Motor Vehicles that is a self-contained United States Department of Agriculture(USDA)-approved and inspected mobile slaughter facility that can travel to approved sites and is associated with a local USDA-certified slaughterhouse/butcher for processing and packing. Also known as Mobile Slaughtering. (see Section 6126).

(Added by Ord. 10463 (N.S.) adopted 4-14-17)

Mobile Custom Butchering: A motor vehicle or trailer, licensed by the Department of Motor Vehicles that is a self-contained United States Department of Agriculture (USDA) approved and inspected mobile slaughter facility providing a service to farmers under the CFDA custom exemption for the consumption of the animal by the owner, the owner’s family, farm workers and non-paying guests. Subject to all USDA restrictions. (see Section 6126)

(Added by Ord. 10463 (N.S.) adopted 4-14-17)

Mobilehome: A structure designed and equipped to contain not more than two dwelling units to be used with or without a permanent foundation, and which is in excess of 8 feet in width or in excess of 40 feet in length. Mobilehome, as used herein, is further defined in Section 18211 of the Health and Safety Code and includes Manufactured Home as defined in Section 18007 of the Health and Safety Code.

(Amended by Ord. No. 5717 (N.S.) adopted 3-19-80)

(Amended by Ord. No. 6215 (N.S.) adopted 1-13-82)

(Amended by Ord. No. 6372 (N.S.) adopted 6-09-82)

Mobilehome Lot: An area or tract of land or portion of a mobilehome park or mobilehome subdivision designated or used for the occupancy of one mobilehome.

(Amended by Ord. No. 5717 (N.S.) adopted 3-19-80)

(Amended by Ord. No. 6215 (N.S.) adopted 1-13-82)

Mobilehome On a Private Lot: A mobilehome which has been placed on a permanent foundation system pursuant to the Mobilehome on Private Lot Regulations.

(Amended by Ord. No. 5717 (N.S.) adopted 3-19-80)

(Amended by Ord. No. 6215 (N.S.) adopted 1-13-82)

Mobilehome Park: An area or tract of land where 2 or more mobilehome lots are rented or leased or held out for rent or lease to accommodate mobilehomes for human habitation; provided that mobilehome park does not include:

a. premises on which any trailer coaches are parked for inspection and sale;

b. premises on which there is one trailer coach occupied by the owner thereof pursuant to a valid temporary occupancy permit issued by the Department of Environmental Health; or

c. premises on which all trailer coaches are used exclusively either to provide farm employee housing or as a farm labor camp.

(Amended by Ord. No. 5612 (N.S.) adopted 10-10-79)

(Amended by Ord No. 8581 (N.S.) adopted 9-20-95)

Mobilehome Park, Standard: A mobilehome park subject to the regulations of Section6510 through 6524, inclusive.

(Added by Ord. No. 5612 (N.S.) adopted 10--79)

Mobilehome Subdivision: Any area or tract of land where two or more lots are created in accordance with applicable provisions ofDivision 1,

Title 8 of the County Code of Regulatory Ordinances for the exclusive use of mobilehomes and their accessory uses.

(Added by Ord. No. 6215 (N.S.) adopted 1-13-82)

Mobile Recycling Unit: A motor vehicle or trailer, licensed by the Department of Motor Vehicles which is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers transported by trucks, vans, or trailers, used for the collection of recyclable materials.

(Added by Ord. No. 8058 (N.S.) adopted 4-15-92)

Model Home: A dwelling unit temporarily used for display purposes as an example of dwelling units available or to be available for sale or rental for the first time in a particular subdivision or other residential development which may be comprised of one-family, two-family or multiple dwellings, or a combination thereof. "Model Home" shall include examples of factory-built housing which may not necessarily be available in or related to a particular development.

Moderate-Income Family: (See Household, Moderate Income)

(Added by Ord. No. 5781 (N.S.) adopted 6-4-80)

(Amended by Ord. No. 10068 (N.S.) adopted 8-4-10)

Moderate-Income Household: (See Household, Moderate Income)

(Amended by Ord. No. 10068 (N.S.) adopted 8-4-10)

Motion Picture Theater: (See General Motion Picture Theater)

(Added by Ord. No. 5840 (N.S.) adopted 7-30-80)

Multiple-Residential Zone: A residential zone in which 3 or more units are allowed on a legal parcel.

(Added by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 5786 (N.S.) adopted 6- 4-80)

(Amended by Ord. No. 6940 (N.S.) adopted 4-10-85)

Mushroom Farming: Is any activity that produces mushrooms within a substrate mix usually consisting of chopped straw, poultry and horse manure, gypsum, nitrogen-containing compounds, and water. The leftover soil (mushroom compost) can be used as an soil amendment to improve water infiltration, holding capacity, permeability, and aeration.

(Added by Ord. No. 10807 (N.S.) adopted 9-14-22)

DEFINITIONS (N)

Nacelle: Wind turbine component which typically houses internal mechanical and electrical parts, such as generators, gearboxes, drive trains, and brake assembly.

(Added by Ord. No. 10261 (N.S.) and Ord. No. 10262 (N.S.) adopted 5-15-13)

Negative Declaration: A notice issued by the appropriate San Diego County granting authority stating that a proposed project will not have substantial adverse effects on the environment.

(Amended by Ord. No. 6506 (N.S.) adopted 1-5-83)

Net Lot Area: (See Lot Area, Net)

(Amended by Ord. No. 6855 (N.S.) adopted on 10-10-84)

Nonconforming Structure: A building, structure or facility, or portion thereof, which was lawfully erected or altered or maintained, but which, because of the application of this ordinance to it, no longer conforms to the specific regulations applicable to the zone in which it is located.

Nonconforming Use: The use of a building, structure, or site, or portion thereof, which was lawfully established and maintained, but which, because of the application of this ordinance to it, no longer conforms to the specific regulations applicable to the zone in which it is located.

Nonoperating Vehicles, Storage of: (See Storage of Nonoperating Vehicles)

Nudity: Devoid of an opaque covering which covers the genitals, vulva, pubis, pubis symphysis, pubic hair, buttocks, natal cleft, perineum, anus, anal region, or pubic hair region of any person or any portions of the breast at or below the upper edge of the areola thereof of any female.

(Added by Ord. No. 7106 (N.S.) adopted 3-19-86)

Nudist Facility: Any privately operated facility where nudity is permitted in common areas excluding sexually segregated restrooms or showers.

(Added by Ord. No. 7106 (N.S.) adopted 3-19-86)

DEFINITIONS (O)

One-Hundred-Year Flood: (See Flood, One-Hundred-Year)

Open: (See Enclosure)

Open Space: (See Usable Open Space)

Open Space Easement: An easement established pursuant to Section 51050 or Section 51080 of the Government Code or an easement which ensures the permanent retention of land in open space.

Organic Materials: Refers to agricultural material, food material, vegetative food material, and green material as defined by Title 14 of

California Code of Regulations (14 CCR) Division 7, Chapter 3.1 (CalRecycle).

Organic Materials Processing: Refers to operations that include but are not limited to static piles, windrow, in-vessel, vermicomposting, and mushroom farming. All other organic processes are subject to additional discretionary review. New methods of Organic Materials Processing not currently considered by CalRecycle may be permitted subject to additional discretionary review as determined by the Director of Planning & Development Services or his or her designee and as guided by this section.

(Added by Ord. No. 10807 (N.S.) adopted 9-14-22)

Original Jurisdiction: Refers to the Director, Planning Commission or Board of Supervisors, whichever body has the authority to take action for approval or denial, regardless if that action is appealable or final.

(Amended by Ord. No. 6506 (N.S.) adopted 1-5-83)

(Amended by Ord. No. 9676 (N.S.) adopted 9-22-04)

DEFINITIONS (P)

Parcel: A contiguous quantity of land in the possession of, or owned by, or recorded as the property of, the same person.

Parking Area: An open area, other than a street or alley, which contains motor vehicle parking spaces.

(Amended by Ord. No. 5976 (N.S.) adopted 1-28-81)

(Amended by Ord. No. 7432 (N.S.) adopted 01-06-88)

Parking Garage: A building other than a private or public garage used for the shelter or storage of operating motor vehicles and may, incidental thereto be used for the care, repair or equipping of such vehicles.

Parking Space: An unobstructed space or area other than a street or alley which is permanently reserved and maintained for the parking of one motor vehicle.

Parlor: (See Massage Parlor)

(Added by Ord. No. 5840 (N.S.) adopted 7-30-80)

Pasture: An area of one acre or larger surrounded on all sides by a fence, corral, pen, pipe, post, rail, wall or other barrier (or a combination) for use as a riding or grazing area, but not for the permanent keeping of animals. Such areas are not considered usable acreage under Horse Stable calculations and do not have to meet Animal Enclosure setbacks.

(Added by Ord. No. 10285 (N.S.) adopted 9-11-13)

Patio Cover: A one-story, open-sided shade structure consisting of a roof and structural supports, attached to or detached from the primary dwelling which is used only for recreational, outdoor living purposes and not as a carport, garage, storage room or habitable room. A patio cover may have enclosing walls in any configuration, provided the open area of the longer wall and one additional wall is equal to at least 65% of the area below a minimum of 6’-8” of each wall, measured from the floor. For the purposes of this definition, the term "open" includes the use of insect screen material.

(Added by Ord. No. 10006 (N.S.) adopted 9-16-09)

Peep Show Device: Any device which displays still or moving images in a peep show booth which depict specified anatomical areas or specified sexual activities upon payment of a fee or other consideration.

(Added by Ord. 8015 (N.S.) adopted 12-4-91)

(Amended by Ord. 9469 (N.S.) adopted 6-12-02)

Peep Show Booth: Any room, booth, partial enclosure or partitioned area of any room in which a peep show device is located, with a seating capacity of five or fewer persons. It does not include an Adult Mini-Motion Picture Theater which has a seating capacity of more than five but less than fifty persons where still or motion images are regularly shown to an audience of more than five but less than fifty persons at any one time.

(Added by Ord. No. 8015 (N.S.) adopted 12-4-91)

Penthouse: A projection above the roof which when used only for the shelter of mechanical equipment or shelter of vertical shaft openings in the roof is not regarded as a story.

Person: Any individual, firm, copartnership, joint venture, association, syndicate, this and any other county, city and county, city, municipality, district or other political subdivision, or any group or combination acting as a unit.

Photovoltaic Solar Energy System: A type of solar energy system that converts solar energy into a usable form of electricity using Photovoltaic Solar Cells.

(Added by Ord. No. 10072 (N.S.) adopted 9-15-10)

Planned Development: A large, integrated development located on a single building site, or on 2 or more building sites which may be separated only by a street or other right-of-way. In such development, the land and structures shall be planned and developed as a whole in a single development operation or a series of operations in accordance with a detailed, comprehensive plan encompassing such elements as the location of structures, the circulation pattern, parking facility, open space, and utilities, together with a program for provision, operation and maintenance of all areas, improvements, facilities and services provided for the common use of the persons occupying or utilizing the property.

Plot Plan: A document or group of documents containing sketches, text, drawings, maps, photographs, and other material intended to present and explain certain elements of a proposed development, including physical design, siting and use of buildings and structures, interior vehicular and pedestrian access, the provision of improvements, and the interrelationship of these elements. The purpose of a plot plan is to establish a clear record of the development and use of the property.

(Added by Ord. No. 10204 (N.S.) adopted 3-28-12)

Ponds: (See Aquaculture)

(Added by Ord. No. 9935 (N.S.) adopted 4-23-08)

Porte Cochere: A covering over a driveway, (usually circular) or drive that allows a vehicle to continue onto another portion of the site, that provides temporary shelter to persons exiting a vehicle, but not serving as the only covered or enclosed vehicle shelter on-site.

(Added by Ord. No. 9935 (N.S.) adopted 4-23-08)

Pot-Belly Pig: A domesticated miniature Vietnamese, Chinese or Asian pot-bellied or pot-belly pig not exceeding one hundred twenty-five pounds in weight and not exceeding eighteen inches in height measured at the shoulder.

(Added by Ord. No. 10006 (N.S.) adopted 9-16-09)

Poultry: Chicken, turkey, duck, goose, fowl, pheasant, quail, and as otherwise defined by the California Retail Food Code.

(Added by Ord. No. 6268 (N.S.) adopted 4-14-82)

(Amended by Ord. No. 10463 (N.S.) adopted 4-14-17)

Premises: Any building, structure, place, lot or parcel of land or any number of contiguous lots or parcels of land, in the possession or control of any person or in the joint or common possession or control of more than one person.

(Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

Principal Use(s): The primary use(s) for which land or a building is or may be intended, occupied, maintained, arranged or designed.

Private Garage: An accessory building or an accessory portion of the main building, designed and/or used for the shelter or storage of vehicles owned or operated by the occupants of the main building.

Psychiatric Facility: An institution in which care or treatment is given to persons suffering from mental illness, disease, disorder or ailment. Such facilities include, but are not limited to, psychiatric hospitals, day treatment hospitals, long term care facilities, resident treatment centers, family homes (mentally ill), alcoholism, hospital, and facility for admission of drug addicts all as defined in Article 2 of Subchapter 1 of the Title 9 of the California Administrative Code.

Public Active Park/Playground/Recreational Area: An outdoor area, along with its incidental buildings and structures, at least part of which is designed, developed, and intended for organized sport or athletic activities and/or other activities or events to which groups of people greater than the family unit might be attracted as participants or spectators.

(Added by Ord. No. 8340 (N.S.) adopted 12-15-93)

Public Garage: A building other than a private or parking garage in which specific spaces or stalls are rented to individual members of the public for the shelter or storage of private automobiles and other forms of private transportation or recreational vehicles, and which may include as a use incidental thereto, the storage of personal effects and personal household articles.

Public Park/Playground/Recreational Area: An outdoor area, along with its incidental buildings and structures, owned and/or operated by a public agency or a non-profit organization, which is designed, developed and intended to provide one or more recreational opportunities to the general public. Public Park/Playground/Recreational Area includes the following: Public Passive Park/Recreational Area, and Public Active Park/Playground/Recreational Area.

(Added by Ord. No. 8340 (N.S.) adopted 12-15-93)

Public Passive Park/Recreational Area: An outdoor area, along with minimal incidental buildings and structures designed, developed and intended for low intensity passive recreational use by individuals, families, or small groups. Public Passive Park/Recreational Areas may be of any size and may include, natural areas, ecological areas, landscaping, walkways paths, trail staging areas, trails, interpretive features, benches for seating, scattered picnic tables, children’s play areas, scattered horseshoe pits, drinking fountains, safety/security lighting, off- street parking, restrooms, ranger residences, volunteer pads/caretaker residences, maintenance sheds, primitive camping, other park facilities/uses with activity levels consistent with the above listed uses.

(Added by Ord. No. 8340 (N.S.) adopted 12-15-93)

(Amended by Ord. No. 10592 (N.S.) adopted 2-27-19)

DEFINITIONS (R)

Rap Parlor: (See Massage Parlor)

(Added by Ord. No. 5840 (N.S.) adopted 7-30-80)

Recreational Vehicles: A motorhome, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy, with a living area less than 200 square feet, excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, bath and toilet rooms.

Recycling Collection Facility, Drop-Off: A facility consisting of bins, boxes, or other suitable receptacles for the acceptance (by donation) of recyclable materials from the public. In Residential Zones and Special Purpose Zones, the total capacity of collection receptacles shall not exceed 192 cubic feet.

(Added by Ord. No. 8058 (N.S.) adopted 4-15-92)

Recycling Facility: A facility or portion of any premises used for the collection and/or processing of recyclable materials as that term is defined in this ordinance. Recycling facilities may include reverse vending machines, bulk reverse vending machines, mobile recycling units, kiosk type units and free-standing containers operated or placed in accordance with the standards established by this ordinance. Processing in a recycling facility may include baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding and cleaning. A recycling facility does not include storage containers or non-mechanical processing activity located on the premises of a residential use, or storage and processing activity located on the premises of a commercial or manufacturing use which is solely for the recycling of material generated by that residential property, business or manufacturer.

(Added by Ord. No. 8058 (N.S.) adopted 4-15-92)

Recyclable Material: Reusable material including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture, or reconstitution for sale or reuse.

Recyclable material does not include refuse or hazardous materials. Recyclable material may include clean (uncontaminated) used motor oil and oil filters collected and transported in accordance with Section 25250.11 and 25143.2(b)(4) of the California Health and Safety Code.

(Added by Ord. No. 8058 (N.S.) adopted 4-15-92)

Refuse Disposal Site: An area devoted to the disposal of refuse, including incineration, reduction, or dumping of ashes, garbage, combustible or noncombustible garbage or refuse, offal or dead animals.

Religious Institution Affiliated Housing Development Project: Shall have the meaning prescribed in California Government Code Section 65913.6.

(Amended by Ord. No. 10858 (N.S.) adopted 7-19-23)

Reserved Unit: A dwelling unit that will be reserved for sale or rent to, and affordable to, very low, low, or moderate income households or reserved for sale or rent to qualifying senior citizen residents.

(Added by Ord. No. 10068 (N.S.) adopted 8-4-10)

Residential Zone: A zone including a use regulation set forth in Sections2100 through 2299, inclusive.

(Added by Ord. No. 5508 (N.S.) adopted 5-16-79)

Residual Background Sound Criterion (RBSCL90) for Wind Energy Facilities: The Background Sound Level measured relative to A-weighting (LA90) plus 5 dBA.

(Added by Ord. No. 10262 (N.S.) adopted 5-15-13)

Rest Home: Any place or institution which makes provision for bed care or for chronic or convalescent care for one or more persons exclusive of relatives, who by reason of illness or physical infirmity are unable to care for themselves; but in which no persons suffering from contagious or communicable disease are kept and in which no surgical or other primary treatments such as are customarily provided in sanitariums or hospitals are performed. Rest homes shall include all places defined in Title 17 of the California Administrative Code and licensed as nursing or convalescent homes.

Reverse Vending Machine: An automated mechanical device which occupies less than 50 square feet; accepts at least one or more types of empty beverage containers, including but not limited to aluminum cans, glass and plastic bottles; and issues a cash refund or redeemable credit slip with a value not less than the container’s redemption value, as determined by the State. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine.

(Added by Ord. No. 8058 (N.S.) adopted 4-15-92)

Ridgeline: The plateau or maximum elevation which extends along the top of Steep Slope Lands. A Ridgeline may increase or decrease in elevation as it extends along the top of Steep Slope Lands.

(Added by Ord. No. 10261 (N.S.) and Ord. No. 10262 (N.S.) adopted 5-15-13)

Right-of-Way: An area or strip of land, either public or private, on which an irrevocable right of passage has been recorded for the use of vehicles or pedestrians or both.

Riparian Habitat: An environment associated with the banks and other land adjacent to freshwater bodies, rivers, streams, creeks, estuaries, and surface-emergent aquifers (such as springs, seeps, and oases). Riparian habitat is characterized by plant and animal communities which require high soil moisture conditions maintained by transported freshwater in excess of that otherwise available through local precipitation.

(Added by Ord. No. 7630 (N.S.) adopted 05-23-89)

DEFINITIONS (S)

Schedule: A list or table of standards pertinent to certain aspects regulated by the Animal Regulations or the Development Regulations. A particular standard or combination of standards prescribed by a schedule is referenced by a designator in the Animal Regulations or the Development Regulations.

(Amended by Ord. No. 8166 (N.S.) adopted 10-21-92)

School: An institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a kindergarten, elementary school, junior high school, senior high school, or any special institution of learning under the jurisdiction of the State Department of Education, but does not include a trade, vocational or professional institution or an institution of higher education, including a community or junior college, college or university.

(Added by Ord. No. 5840 (N.S.) adopted 7-30-80)

(Amended by Ord. No. 6983 (N.S.) adopted 7-03-85)

(Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

School, Trade: A facility that provides instruction and practical training in skilled trades or labor on a post-secondary level, including but not limited to construction; truck driving; mechanics; heavy equipment operation; and similar technical schools that are not subject to the standards set by the State Board of Education and not otherwise defined as a college. This use shall be considered Major Impact Service and Utilities use type when any instruction or training is conducted outside of an enclosed building, regardless of the number of students.

(Added by Ord. No. 10095 (N.S.) adopted 12-8-10)

School, Vocational: An institution of learning, other than a college, which provides specific job or vocation related training to be pursued as a career, including art, barber/beauty, business, fashion design, language, nursing, or other certification or degree programs, which are conducted entirely within an enclosed building.

(Added by Ord. No. 10095 (N.S.) adopted 12-8-10)

Secondhand Merchandise/Goods: Used common household items including clothing, personal effects, households furnishings, appliances, and office equipment and furnishings.

Secondary Use: A purpose for which land or a building is or may be intended, occupied, maintained, arranged, or designed, which is less visible, prominent, or important than the principal use(s) on the same lot or parcel. A secondary use may, but need not be an accessory use to the principal use(s).

Semi-Detached: (See Building Type, Residential)

Semi-Open: (See Enclosure)

Senior Citizen: A person 62 years of age or older or 55 years of age or older in a senior citizen housing development as defined in California Civil Code Section 51.3.

(Added by Ord. No. 10068 (N.S.) adopted 8-4-10)

Senior Citizen Housing Development: A residential development that is reserved for senior citizens and consists of at least 35 dwelling units as defined in California Civil Code Section 51.3.

(Added by Ord. No. 10068 (N.S.) adopted 8-4-10)

Sensitive Habitat Lands: Land which supports unique vegetation communities, or the habitats of rare or endangered species or subspecies of animals or plants as defined by Section 15380 of the State California Environmental Quality Act (CEQA) Guidelines (14 Cal. Admin. Code Section 15000 et seq.) (Unique Vegetation Community refers to associations of plant species which are rare or substantially depleted due to development. These may contain rare or endangered species, but other species may be included because they are unusual or limited due to a number of factors, for example: (a) they are only found in the San Diego region; (b) they are a local representative of a species or association of species not generally found in San Diego County; (c) they are outstanding examples of the community type as identified by the California Department of Fish and Game listing of community associations.) Sensitive Habitat Lands includes the area which is necessary to support a viable population of any of the above species in perpetuity, of which is critical to the proper functioning of a balanced natural ecosystem or which serves as a functioning wildlife corridor.

(Added by Ord. No. 7630 (N.S.) adopted 05-23-89)

Setback: A required, specified distance between a building or structure and a lot line or lines, measured perpendicularly in a horizontal plane extending across the complete length of said lot line or lines.

Setback, Front Yard: The setback applicable in the front yard of a building or structure. When a parcel or lot abuts a public road, the front setback shall be measured from the centerline of the public road.

(Amended by Ord. No. 9958 (N.S.) adopted 12-10-08)

Setback, Rear Yard: The setback applicable in the rear yard of a building or structure.

Setback, Side Yard: The setback applicable in the side yard of a building or structure.

Sexual Encounter Establishment: An establishment, other than a hotel, motel or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons may congregate, associate or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State of California engages in sexual therapy. For the purposes of these regulations, sexual encounter establishment shall include massage or rap parlor and other similar establishments.

(Added by Ord. No. 5840 (N.S.) adopted 7-30-80)

Sexual Activities: (See Specified Sexual Activities)

(Added by Ord. No. 5840 (N.S.) adopted 7-30-80)

Shaft: A vertical opening through a building for elevators, dumbwaiters, mechanical equipment or similar purposes.

Shrub: A woody perennial plant generally with multiple basal stems.

(Added by Ord. No. 7735 (N.S.) adopted 3-13-90; operative 10-01-90)

Sidewalk Cafe: An area adjacent to and directly in front of a street level eating or drinking establishment located within the sidewalk area of the public right-of-way used exclusively for dining, drinking and pedestrian circulation. The encroachment area of a sidewalk cafe may be separated from the remainder of the sidewalk by railings, fencing or landscaping planter boxes or a combination thereof.

(Added by Ord. No. 6924 (N.S.) adopted 2-20-85)

Sign: Any structure, device, material or substance placed, attached or applied in any manner on or above a building, structure or site so as to be visible at or beyond the property boundaries and which displays by shape, color, light or symbol any attention arrestor device, model, banner, numeral, letter, word, trademark, logo, emblem or other representation.

(Added by Ord. No. 6691 (N.S.) adopted 11-30-83)

(Amended by Ord. No. 10322 (N.S.) adopted 1-29-14)

Sign, Abandoned: A sign which remains in place after expiration of the permit authorizing it or after the date, event or purpose for which it was installed has passed or terminated.

(Added by Ord. No. 6691 (N.S.) adopted 11-30-83)

Sign Area: The entire area within a continuous perimeter enclosing the extreme limits of sign display including any frame or border. Curved, spherical, or any other shaped sign face shall be computed on the basis of actual surface area. The copy of signs composed of individual letters, numerals or other devices shall be the sum of the area of the smallest rectangle or other geometric figure encompassing each of said letter or devices. The calculation of a double-faced signs shall be the area of one face only. Double-faced signs shall be so constructed that the perimeter of both faces coincide and are parallel and not more than 24 inches apart.

(Added by Ord. No. 6691 (N.S.) adopted 11-30-83)

Sign, Arcade/Marque: An on-premise sign painted on, attached to or suspended from an arcade, marque or similar architectural feature.

(Added by Ord. No. 6691 (N.S.) adopted 11-30-83)

Sign, Freestanding: Any sign supported wholly by uprights, braces, or poles in or upon the ground including poster panels, painted bulletins, signs on fences, and signs on structures other than buildings and/or canopies.

(Added by Ord. No. 6691 (N.S.) adopted 11-30-83)

(Amended by Ord. No. 8015 (N.S.) adopted 12-4-91)

Sign, Freeway-Oriented: An on-premise freestanding or roof sign which is located within 350 feet of the nearest point of the through lane of the adjacent freeway and not more than 1,500 feet from the nearest point where a freeway exit providing access to the premises on which the sign is located contacts the edge of said through lane. Such signs shall be used to identify premises where food, lodging, goods or services essential to the traveling public are available.

(Amended by Ord. No. 6691 (N.S.) adopted 11-30-83)

Sign, Height: The vertical distance from the average ground elevation at the sign supports or base of a freestanding sign and the highest point of the sign/sign structure. For signs affixed to other structures the grade from which the structure height is measured.

(Added by Ord. No. 6691 (N.S.) adopted 11-30-83)

Sign, Illegal: A sign not legally installed pursuant to regulations in effect at the time of installation.

(Added by Ord. No. 6691 (N.S.) adopted 11-30-83)

Sign, Monument: A freestanding on-premise sign mounted on its own standard which does not exceed 42 inches in height or 32 square feet in area per sign face and which contains only the name of the business.

(Added by Ord. No. 6691 (N.S.) adopted 11-30-83)

Sign Structure: A structure or device designed or used for the support of a sign but not including fences, walls, roofs or structures having another permitted primary function. A sign structure is considered to be an integral part of a sign and is not a permitted use type independent of a permitted sign.

(Added by Ord. No. 6691 (N.S.) adopted 11-30-83)

Sign, Off-Premise: Any sign as herein defined other than an on-premise sign.

Sign, On-Premise: A sign which directs attention to a business, commodity, service, industry or other activity which is sold, offered, or conducted, other than incidentally, on the premises.

(Amended by Ord. No. 8028 (N.S.) adopted 1-15-92)

Sign, Portable: A parked or stationary outdoor advertising sign, or a sign that is not a structure, or a sign located upon a vehicle or trailer for the basic purpose of providing advertisement of products or directing people to a business or activity located in the same or nearby property, placed or parked so as to be visible from the public right-of-way, but not including signs on business or commercial vehicles, the primary purpose of which is the transporting of people and goods on the public right-of-way.

Sign, Projecting: Any sign other than a wall sign which is attached to and projects from the wall or face of a building or structure including an arcade/marquee sign.

(Amended by Ord. No. 6691 (N.S.) adopted 11-30-83)

Sign, Roof: Any sign erected, painted upon, against, or directly above a roof or on top of or above the parapet of a building, and which is supported wholly or in part by said building. Any sign mounted upon its own standard which is supported wholly by structural anchorage to the ground, or mounted upon any accessory structure which does not constitute a building, shall be considered a roof sign where such sign projects over the roof of a building. Any roof, the slope of which varies not more than 45 degrees from a vertical plane, shall be considered wall space for the purpose of placement of wall signs.

Sign, Tenant Identification: Any sign integrated into the design of each individual tenant space of a multiple entrance building so as to identify the tenant of such space.

(Added by Ord. No. 6092 (N.S.) adopted 7-1-81)

(Amended by Ord. No. 6691 (N.S.) adopted 11-30-83)

Sign, Wall: Any sign affixed to or painted directly upon a building facing in such a manner that the face of the sign is substantially parallel to the place of the building facing and does not project more than 16 inches, therefrom; provided, however, that any sign erected, painted or placed upon, against, or directly above a roof, the slope of which varies not more than 45 degrees from a vertical plane, shall be considered a wall sign. Permanent window signs shall be considered wall signs.

Sign, Window: Any sign temporarily affixed to or displayed on the interior of an establishment so as to be readable from the exterior thereof shall be considered a wall sign.

Significant Habitat Lands: Sensitive habitat lands with a combination of biological features that result in the likelihood of significant, unmitigable environmental impacts if developed.

(Added by Ord. No. 7630 (N.S.) adopted 05-23-89)

Significant Investment in Buildings or Structures: When used with reference to interim or temporary uses regulated by this Ordinance, "significant investment in buildings or structures" shall mean the placement or construction of any building, structure, or other improvement in such manner or at a cost as to be inconsistent with the temporary status of the use and which would preclude its ready removal from the site at a reasonable cost upon termination of the interim or temporary use.

(Added by Ord. No. 8506 (N.S.) adopted 3-01-95)

Significant Prehistoric or Historic Sites: Location of past intense human occupation where buried deposits can provide information regarding important scientific research questions about prehistoric or historic activities that have scientific, religious, or other ethnic value of local, regional, state, or federal importance. Such locations shall include, but not be limited to: any prehistoric or historic district, site, interrelated collection of features or artifacts, building, structures, or object included in or eligible for inclusion in the National Register of Historic Places, the State Landmark Register; or included in or eligible for inclusion, but not rejected, for the San Diego County Historical Site Board List; any area of past human occupation located on public or private land where important prehistoric or historic activities and/or events occurred; and any location of past or current sacred religious or ceremonial observances protected under Public Law 95-341, the American Indian Religious Freedom Act or Public Resources Code Section 5097.9, such as burial(s), pictographs, petroglyphs, solstice observatory sites, sacred shrines, religious ground figures, and natural rocks or places which are of ritual, ceremonial, or sacred value to any prehistoric or historic ethnic group.

(Added by Ord. No. 7630 (N.S.) adopted 05-23-89)

Single Detached: (See Building Type, Residential)

Single Housekeeping Unit: Any household whose members are an interactive group of persons jointly occupying a dwelling unit, including joint access to and use of all common areas including living, kitchen, and eating areas within the dwelling unit, and sharing household activities and responsibilities such as meals, chores, expenses and maintenance, and whose makeup is determined by the members of the unit rather than by the landlord, property manager, or other third party. This does not include a Boarding or Rooming House.

(Added by Ord. No. 10359 (N.S.) adopted 10-29-14)

Site Plan Permit: A permit which may be granted by the appropriate County officer or body to provide a review procedure for development proposals which is concerned with physical design, siting, interior vehicular and pedestrian access, and the interrelationship of these elements.

(Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

Small Home Lot Development: A development that meets the requirements for small home lot development as outlined in California Government Code Section 66499.40(b).

(Amended by Ord. No. 10858 (N.S.) adopted 7-19-23)

Solar Energy System, Offsite Use: A solar energy conversion system consistent with the requirements of section6954 for offsite energy use. The energy generated is predominately used offsite.

(Added by Ord. No. 10072 (N.S.) adopted 9-15-10)

(Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

Solar Energy System, Onsite Use: A solar energy conversion system consistent with the requirements of section6954 for onsite energy use. The energy generated is predominately used onsite.

(Added by Ord. No. 10072 (N.S.) adopted 9-15-10)

(Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

Special Area: That element of the zone which indicates, by means of a letter designator, the Special Area Regulations which apply to that zone.

Special Parking District: An area, described in Section5761, where reduced off-street parking may be authorized.

(Added by Ord. No. 8407 (N.S.) adopted 5-18-94)

Special Purpose Zone: A zone including a use regulations set forth in Sections2800 through 2979, inclusive.

(Added by Ord. No. 5508 (N.S.) adopted 5-16-79)

Specified Anatomical Areas:

1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or

2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(Added by Ord. No. 5840 (N.S.) adopted 7-30-80)

Specified Sexual Activities:

1. The fondling or other touching of human genitals, pubic region, buttocks, anus, or female breasts; or

2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or

3. Masturbation, actual or simulated; or

4. Excretory functions as part of or in connection with any of the activities set forth in 1 through 3 above.

(Added by Ord. No. 5840 (N.S.) adopted 7-30-80)

Stable (See Horse Stable)

(Amended by Ord. No. 10285 (N.S.) adopted 9-11-13)

Stacked: (See Building Type, Residential)

Stand, Agricultural: A structure for the display and sale of farm products with no space for customers within the structure itself. (see Section 6156.q)

(Amended by Ord. No. 10463 (N.S.) adopted 4-14-17)

Stand-Alone: A building, use, or facility that is physically separated from or otherwise unconnected to other buildings, uses or facilities, and

that is either: (i) located on a separate lot or parcel from other buildings, uses or facilities; or (ii) located on the same lot or parcel with other buildings, uses or facilities and has its own dedicated parking. A Stand-Alone building, use or facility has required parking that is computed and provided separately from other buildings, uses or facilities.

(Added by Ord. No. 10251 (N.S.) adopted 2-6-13)

Standard Mobilehome Park: (See Mobilehome Park, Standard)

(Added by Ord. No. 5612 (N.S.) adopted 10-10-79)

Static Piles: Compostable materials are piled up, paying special attention to the mix of carbon materials, like leaves or wood chips, and nitrogen materials, like food waste or fresh grass. The pile is then turned regularly and kept moist. This method can take up to six months or a year to create compost.

(Added by Ord. No. 10807 (N.S.) adopted 9-14-22)

Steep Slope Lands: All lands having a slope with natural gradient of 25 percent or greater and a minimum rise of 50 feet, unless said lands have been substantially disturbed by previous legal grading.

(Added by Ord. No. 7630 (N.S.) adopted 05-23-89)

Storage of Inoperative or Wrecked Motor Vehicles: Storage of inoperative or wrecked motor vehicles shall only be allowed as long as there are no more than two inoperative or wrecked motor vehicles (as those terms are defined in section 21.602 of the County Code) on a parcel or property made up of one or more contiguous parcels, the vehicles are not being stored contrary to section 78.104 of the County Code and no owner or occupant of the property is operating a motor vehicle wrecking yard, as that term is defined in section 21.602(f) of the County Code.

This limitation of the number of vehicles shall not apply to the storage of vehicles pursuant to Section1430(i).

(Added by Ord. No. 10095 (N.S.) adopted 12-8-10)

Storage of Nonoperating Vehicles: A nonoperating vehicle means a vehicle that may be capable of operating under its own power but is being stored at a licensed storage yard and is not in the possession of the registered owner. Storage of nonoperating motor vehicles shall not include automobile wrecking.

(Amended by Ord. No. 5786 (N.S.) adopted 6-4-80)

(Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

Story: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above (see “Attic Story” and “Crawl Space”). The maximum height of a story between floors shall be 14 feet. If the finished floor level directly above a basement, cellar, or unused under-floor space is more than 6 feet above the adjacent elevation for more than 50 percent of the total perimeter or is more than 12 feet above the adjacent elevation at any point, such basement, cellar or unused under-floor space shall be considered as a story. The total perimeter shall be measured along the outer limits of the area of the floor level in question. The adjacent elevation shall be grade as defined herein but shall not include fill material that has been mounded or placed for landscaping, thermal insulation, sound attenuation or for any other purpose if such mounding or placement would allow additional floor levels or building heights greater than otherwise permitted.

(Amended by Ord. No. 6983 (N.S.) adopted 7-03-85)

(Amended by Ord. No. 7048 (N.S.) adopted 10-09-85)

(Amended by Ord. No. 7306 (N.S.) adopted 5-20-87)

(Amended by Ord. No. 7935 (N.S.) adopted 6-19-91)

(Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

Story, Attic: (See Attic Story)

(Added by Ord. No. 10095 (N.S.) adopted 12-8-10)

Story, First: The lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than 4 feet below grade, as defined herein, for more than 50 percent of the total perimeter, or more than 8 feet below grade, as defined herein, at any point.

(Added by Ord. No. 6134 (N.S.) adopted 7-22-81)

Street: A County road, State highway, public road, street or alley, or private thoroughfare or easement (or proposed private thoroughfare or easement shown on a recorded parcel map) not less than 10 feet in width connecting with a County road, State highway, public road, street or alley which affords primary access to an abutting lot.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 5786 (N.S.) adopted 6-4-80)

Street, Centerline of: The centerline of a street as established in accordance with the provisions ofChapter 3 of Division 1 of Title 5 of the San Diego County Code.

(Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

Street Line: The boundary line between a street and the abutting property.

Street, Side: A street which is adjacent to a corner lot and which extends in the general direction of the line determining the depth of the lot.

Structure: That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

Structural Alterations: Any change in the supporting members of a building such as foundations, bearing walls, columns, beams, floor or roof

joists, girders or rafters, or changes in roof or exterior lines.

Substantial Improvement: Any repair, reconstruction, or improvement of structure, the cost of which equals or exceeds 50 percent of the market value of the structure either (a) before improvement is started, or (b) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any alteration to comply with existing state or local health, sanitary, building or safety codes or regulations or (2) any alteration of a structure listed on the National Register or Historic Places or a State inventory of Historic Places.

Supportive Housing: Shall have the meaning prescribed in Health and Safety Code 50675.14(b). The design of the structures determines Family Residential or Group Residential Use Type.

(Added by Ord. No. 10035 (N.S.) adopted 1-27-10)

Supportive Housing (Permanent): Shall have the meaning prescribed in Health and Safety Code 50490 (I), The design of the structures determines Family Residential or Group Residential Use Type.

(Added by Ord. No. 10767 (N.S.) adopted 1-26-22)

Swap Lot: A building, structure, enclosure lot or other area into which persons are admitted to display, exchange, barter, sell or bargain for new or used merchandise. Carried on in a swap lot.

Swimming Pool: Any confined body of water exceeding 2 feet in depth and located either above or below the existing finished grade of the site, designed, used or intended to be used for swimming, bathing or therapeutic purposes.

DEFINITIONS (T)

Take-off and Landing Area: That area of any helicopter facility where the helicopter actually lands and takes off, and includes the touch down area.

(Added by Ord. No. 7058 (N.S.) adopted 10-30-85)

Trade School: (See School, Trade)

(Added by Ord. No. 10095 (N.S.) adopted 12-8-10)

Trailer Coach: Any vehicle, with or without motive power, designed or used for human occupancy for residential, recreational, industrial, professional, or commercial purposes and shall include camp car, and travel trailer.

(Amended by Ord. No. 9958 (N.S.) adopted 12-10-08)

(Amended by Ord. No. 10592 (N.S.) adopted 2-27-19)

Transient Habitation Unit: Living quarters intended exclusively for occupation by transient persons. A transient habitation unit may include a hotel or motel room or suite of rooms, a cabin or a campground space.

Transitional Housing: Shall have the meaning prescribed in Health and Safety Code 50675.2(h). The design of the structures determines Family Residential or Group Residential Use Type.

(Added by Ord. No. 10035 (N.S.) adopted 1-27-10)

Tree: A perennial woody plant with one or more well defined stems or trunks which, at maturity, is largely kept clear of leaves and branches at least 5 feet above grade.

(Added by Ord. No. 7735 (N.S.) adopted 3-13-90; operative 10-01-90)

Trellis Tower: A structure made of interwoven pieces of wood, metal or synthetic material to support an object, such as a wind turbine or antenna array.

(Added by Ord. No. 10261 (N.S.) and Ord. No. 10262 (N.S.) adopted 5-15-13)

Triplex: (See Building Type; Residential Triplex)

(Added by Ord. No. 5508 (N.S.) adopted 5-16-79)

DEFINITIONS (U)

U-Pick or Pick-Your-Own Operations: An accessory use as part of a Commercial Agriculture operation such as a farm, orchard or grove where the customers themselves harvest the products grown on-site. (see Section 6157.b)

(Added by Ord. No. 10204 (N.S.) adopted 3-28-12)

(Amended by Ord. No. 10463 (N.S.) adopted 4-14-17)

Ultralight Vehicle: A powered or unpowered vehicle that is defined and described in Federal Aviation Regulations (FAR), Part 103, promulgated by the United States Government, Department of Transportation (DOT), Federal Aviation Administration (FAA), as that regulation is presently written or as it may be amended.

(Added by Ord. No. 7197 (N.S.) adopted 9-10-86)

Unit, Base: (See Base Units)

(Added by Ord. No. 10068 (N.S.) adopted 8-4-10)

Unit, Density Bonus: (See Density Bonus Unit)

(Added by Ord. No. 10068 (N.S.) adopted 8-4-10)

Unit, Market Rate: (See Market Rate Unit)

(Added by Ord. No. 10068 (N.S.) adopted 8-4-10)

Unit, Reserved: (See Reserved Unit)

(Added by Ord. No. 10068 (N.S.) adopted 8-4-10)

Unlimited: (See Building Type, Mixed Residential-Nonresidential)

Usable Open Space: One or more open areas adjacent to residential uses, the purpose of which is to provide an outdoor area designed for outdoor living and recreation, and which is located at, below, or above grade.

Usable Open Space, Group: Usable open space intended for common use by occupants of a development, either privately owned and maintained or dedicated to a public agency, normally including swimming pools, recreation courts, patios, open landscaped areas, and greenbelts with pedestrian walkways and equestrian and bicycle trails. Group usable open space does not include off-street parking and loading areas or driveways.

Usable Open Space, Private: Usable open space intended for use of occupants of one dwelling unit, normally including yards, decks, and balconies.

Use: The purpose for which land or a building is occupied, arranged, designed or intended, or for which land or a building is or may be occupied or maintained.

Use, Accessory: (See Accessory Use)

Use Classification: A system of classifying uses into a limited number of use types on the basis of common functional, product, or compatibility characteristics. All use types are grouped into the following categories: Residential, Civic, Commercial, Industrial, Agricultural, and Extractive.

Use of the Property In Reliance on a Permit: (See “Construction and/or Use of the Property In Reliance on a Permit”)

(Added by Ord. No. 10204 (N.S.) adopted 3-28-12)

Use Permit: A permit which may be granted by the appropriate San Diego County authority to provide for the accommodation of land uses with special site or design requirements, operation characteristics, or potential adverse effects on surroundings, which are not permitted as of right but which may be approved upon completion of a review process and, where necessary, the imposition of special conditions of approval by the permit granting authority.

Use Permit, Concurrent: Use permits filed concurrently with an application requesting amendment of the Zoning Ordinance applicable to the land under the original jurisdiction of the Planning Commission.

Use Permit, Major: Use permit under the original jurisdiction of the Planning Commission.

(Amended by Ord. No. 6505 (N.S.) adopted 1-5-83)

(Amended by Ord. No. 8897 (N.S.) adopted 3-18-98)

(Amended by Ord. No. 9676 (N.S.) adopted 9-22-04)

Use Permit, Minor: Use permit normally under the original jurisdiction of the Director.

(Amended by Ord. No. 5786 (N.S.) adopted 6-4-80)

Use, Principal: (See Principal Use)

Use Type: (See Use Classification)

Use Regulations: That element of the zone which indicates, by means of a designator combining a letter and a number, the use types which are permitted in that zone.

DEFINITIONS (V)

Variance: A departure from the specific requirements of the Zoning Ordinance which may be granted by the appropriate San Diego County authority when the literal enforcement of these requirements would result in practical difficulties, unnecessary hardship, or results inconsistent with the general purposes of this ordinance.

Vegetative Food Materials: Refers to any food material that is plant based. Vegetative food material may be processed or cooked but must otherwise retain its essential natural character and no salts, preservatives, fats or oils, or adulterants have been added. Vegetative food material includes, but is not limited to, fruits and vegetables, edible flowers, and plants, outdated and spoiled produce, and coffee grounds.

Vermicomposting: This kind of composting uses red wiggler (eisenia foetida) worms and microorganisms to do the work of composting. Food waste is broken down and consumed, leaving behind worm castings, a highly valued fertilizer. These systems are also available in a variety of sizes ranging from a 10-gallon (2lb/day) system up to a continuous flow system that could manage all a small home or agricultural farming food waste (over 60 tons/day).

(Added by Ord. No. 10807 (N.S.) adopted 9-14-22)

Vermiculture or vermicomposting: A form of animal husbandry involving the raising of worms of the taxonomic phylum Annelida (segmented worms) and/or the use of said worms to convert organic matter into compost.

(Added by Ord. No. 10006 (N.S.) adopted 9-16-09)

Very Low-Income Family: (See Household, Very Low Income)

(Added by Ord. No. 5781 (N.S.) adopted 6-4-80)

(Amended by Ord. No. 10068 (N.S.) adopted 8-4-10)

Very Low-Income Household: (See Household, Very Low Income)

(Added by Ord. No. 5781 (N.S.) adopted 6-4-80)

(Amended by Ord. No. 10068 (N.S.) adopted 8-4-10)

Vocational School: (See School, Vocational)

(Added by Ord. No. 10095 (N.S.) adopted 12-8-10)

DEFINITIONS (W)

Wall, Exterior: Any wall or element of a wall or any member or group of members, which defines the exterior boundaries or courts of a building and which has a slope of 60 degrees or greater with the horizontal plane.

Wall, Solid: (See Fence, Solid)

(Added by Ord. No. 5786 (N.S.) adopted 6-4-80)

Wall, View-Obscuring: (See Fence, View-Obscuring)

(Added by Ord. No. 5786 (N.S.) adopted 6-4-80)

Wetland: All lands which are transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or where the land is covered by water. All lands having one or more of the following attributes are "wetlands":

a. At least periodically, the land supports predominantly hydrophytes;

b. The substrate is predominantly undrained hydric soil; or

c. The substrate is nonsoil and is saturated with water or covered by water at some time during the growing season of each year.

(Added by Ord. No. 7630 (N.S.) adopted 05-23-89)

Wetland Buffer: Lands which provide a buffer area of an appropriate size to protect the environmental and functional habitat values of the wetland, or which are integrally important in supporting the full range of the wetland and adjacent upland biological community.

(Added by Ord. No. 7630 (N.S.) adopted 05-23-89)

Windmill: A device which converts the kinetic energy of the wind into a useable form of mechanical energy.

(Added by Ord. No. 6857 (N.S.) adopted 10-10-84. Opr. 1-1-85)

Windrow: Compostable materials are mixed and placed in long, narrow piles at least 4-ft high and can range up to 100 feet long. This method requires a lot of space and heavy machinery such as a front-end loader and/or windrow turner. Windrows can be covered or not. This method is often used for agricultural operations or municipalities.

(Added by Ord. No. 10807 (N.S.) adopted 9-14-22)

Wind Turbine: A device which converts the kinetic energy of wind into a usable form of electric energy. A wind turbine may consist of a tower, turbine, support structures, electrical wires, guy wires and other related equipment.

(Added by Ord. No. 6857 (N.S.) adopted 10-10-84. Opr. 1-1-85)

(Amended by Ord. No. 9971 (N.S.) adopted 02-25-09)

(Amended by Ord. No. 10261 (N.S.) and Ord. No. 10262 (N.S.) adopted 5-15-13)

Wind Turbine, Large: A wind turbine with or without a tower, which has a rated capacity of more than 50 kilowatts, that generates electricity for use on or off the same lot on which the turbine is located. Large Wind Turbine shall be classified as a Major Impact Services and Utilities use type.

(Added by Ord. No. 7117 (N.S.) adopted 4-23-86)

(Amended by Ord. No. 10073 (N.S.), adopted 9-15-10)

(Amended by Ord. No. 10261 (N.S.) and Ord. No. 10262 (N.S.) adopted 5-15-13)

Wind Turbine, Non-operational: A wind turbine that is mechanically inoperable or otherwise no longer converting the kinetic energy of wind into a usable form of electric energy.

(Added by Ord. No. 7117 (N.S.) adopted 4-23-86)

(Amended by Ord. No. 10261 (N.S.) and Ord. No. 10262 (N.S.) adopted 5-15-13)

Wind Turbine, Small: A wind turbine with or without a tower, which has a rated capacity of not more than 50 kilowatts that generates electricity primarily for use on the same lot on which the wind turbine is located.

(Added by Ord. No. 7117 (N.S.) adopted 4-23-86)

(Amended by Ord. No. 10261 (N.S.) and Ord. No. 10262 (N.S.) adopted 5-15-13)

Wind Turbine Height: The distance from existing grade at the base of the tower to the highest point of the turbine blade when in use.

(Added by Ord. No. 10261 (N.S.) and Ord. No. 10262 (N.S.) adopted 5-15-13)

Wind Turbine Tower Height: The distance from existing grade at the base of the wind turbine tower to the top of the tower excluding the nacelle and turbine blades.

(Added by Ord. No. 10261 (N.S.) and Ord. No. 10262 (N.S.) adopted 5-15-13)

Wood Waste: Lumber and wood products but excluding painted wood, wood treated with chemicals, and pressure treated wood.

(Added by Ord. No. 8058 (N.S.) adopted 4-15-92)

Wood and Green Waste Composting Facility: A facility where wood and/or green waste decompose in a controlled environment into compost, soil amendment or other products. A composting facility may employ mechanical equipment to turn the piles and provide aeration. Composting may be conducted within an enclosed building or in the open such as in windrow composting. Backyard composting by homeowners and composting of material generated by an agricultural operation for the purpose of mulching or soil amendment on property in the same ownership as that where composting takes place shall not be considered a Wood and Green Waste Composting Facility. The composting of municipal sewage sludge shall also not be considered a Wood and Green Waste Composting Facility even if such composting operation utilizes wood or green waste.

(Added by Ord. No. 8058 (N.S.) adopted 4-15-92)

DEFINITIONS (Y)

Yard: An open, unoccupied space, other than a court, unobstructed from the ground to the sky, except as otherwise provided by this ordinance, on the lot on which a building is situated.

Yard, Front: The yard between a front lot line or lines and the line defined by the required front yard setback.

Yard, Rear: The yard between a rear lot line or lines and the line defined by a required rear yard setback.

Yard, Side: The yard between a side lot line or lines and the line defined by a required side yard setback, extending from the front to the rear yard.

Yard, Side, Exterior: A side yard abutting a street.

Yard, Side, Interior: A side yard other than an exterior side yard.

DEFINITIONS (Z)

Zone: A mapped area to which a uniform set of regulations applies, or a uniform set of regulations described by a use designator, an animal designator, a development designator, and an optional special area designator.

(Amended by Ord. No. 8166 (N.S.) adopted 10-21-92)

Zoning Verification Permit: A ministerial permit issued by the Department of Planning and Development Services for purposes of verifying that a particular use or structure complies with all applicable Zoning Ordinance regulations.

(Added by Ord. No. 10261 (N.S.) and Ord. No. 10262 (N.S.) adopted 5-15-13)

USE CLASSIFICATIONS

GENERAL CLASSIFICATION RULES

1200 GENERAL INTENT OF THE USE CLASSIFICATIONS.

The provisions of Section 1200 through Section 1899, inclusive, shall be known as the Use Classifications. The purpose of these provisions is to classify uses into a limited number of use types on the basis of common functional, product, or compatibility characteristics, thereby providing a basis for regulation of uses in accordance with criteria which are directly relevant to the public interest. These provisions shall apply throughout the Zoning Ordinance.

1205 LISTING OF USE CLASSIFICATIONS.

All uses are hereby classified into the following use types, which are described in Section1250 through Section 1899, inclusive. See Section 1215 for classification of combinations of uses resembling different types. The names of these use types start with capital letters throughout the Zoning Ordinance.

a. Residential Use Types.

Family Residential Group Residential Mobilehome Residential

b. Civic Use Types.

Administrative Services

Ambulance Services

Child Care Center

Civic, Fraternal or Religious Assembly

Clinic Services

Community Recreation

Cultural Exhibits and Library Services

Emergency Shelters

Essential Services

Fire Protection Services

Group Care

Law Enforcement Services

Major Impact Services and Utilities

Minor Impact Utilities

Parking Services

Postal Services

Small Schools

Wind Turbine System, Medium

c. Commercial Use Types.

Administrative and Professional

Adult Entertainment Establishments

Agricultural and Horticultural Sales: Agricultural

Agricultural and Horticultural Sales: Horticultural

Agricultural Services

Animal Sales and Services: Auctioning

Animal Sales and Services: Grooming

Animal Sales and Services: Horse Stables

Animal Sales and Services: Kennels

Animal Sales and Services: Stockyards

Animal Sales and Services: Veterinary (Large Animals)

Animal Sales and Services: Veterinary (Small Animals)

Automotive and Equipment: Cleaning

Automotive and Equipment: Fleet Storage

Automotive and Equipment: Parking

Automotive and Equipment: Repairs, Heavy Equipment

Automotive and Equipment: Repairs, Light Equipment

Automotive and Equipment: Sales/Rentals, Farm Equipment

Automotive and Equipment: Sales/Rentals, Heavy Equipment

Automotive and Equipment: Sales/Rentals, Light Equipment

Automotive and Equipment: Storage, Nonoperating Vehicles

Automotive and Equipment: Storage, Recreational Vehicles and Boats

Building Maintenance Services

Business Equipment Sales and Services

Business Support Services

Cannabis Facilities

Communications Services

Construction Sales and Services

Convenience Sales and Personal Services

Cottage Industries

Eating and Drinking Establishments

Explosive Storage

Financial, Insurance and Real Estate Services

Food and Beverage Retail Sales

Funeral and Interment Services: Cremating

Funeral and Interment Services: Interring

Funeral and Interment Services: Undertaking

Gasoline Sales

Laundry Services

Medical Services

Participant Sports and Recreation: Indoor

Participant Sports and Recreation: Outdoor

Personal Services, General

Recycling Collection Facility: Small

Recycling Collection Facility: Large

Recycling Processing Facility: Light

Recycling Processing Facility: Heavy

Recycling Processing Facility: Wood and Green Materials

Repair Services, Consumer

Research Services

Retail Sales: General

Retail Sales: Specialty Scrap Operations

Spectator Sports and Entertainment: Limited Spectator

Sports and Entertainment: General

Swap Meets

Transient Habitation: Campground

Transient Habitation: Lodging

Transient Habitation: Resort

Transient Habitation: Rental Units

Wholesaling, Storage and Distribution: Mini-Warehouses

Wholesaling, Storage and Distribution: Light

Wholesaling, Storage and Distribution: Heavy

d. Industrial Use Types.

Custom Manufacturing

General Industrial

Heavy Industrial

e. Agricultural Use Types.

Horticulture: Cultivation

Horticulture: Storage

Tree Crops

Row and Field Crops

Animal Raising

Animal Waste Processing

Packing and Processing: Limited

Packing and Processing: General

Packing and Processing: Support

Packing and Processing: Winery

Packing and Processing: Small Winery

Packing and Processing: Boutique Winery

Packing and Processing: Wholesale Limited Winery

Agricultural Equipment Storage

Farm Labor Camp

f. Extractive Use Types.

Mining and Processing

Site Preparation

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 5652 (N.S.) adopted 11-21-79)

(Amended by Ord. No. 5840 (N.S.) adopted 7-30-80)

(Amended by Ord. No. 5935 (N.S.) adopted 11-19-80)

(Amended by Ord. No. 6187 (N.S.) adopted 11-18-81)

(Amended by Ord. No. 6543 (N.S.) adopted 3-2-83)

(Amended by Ord. No. 6855 (N.S.) adopted 10-10-84)

(Amended by Ord. No. 7306 (N.S.) adopted 5-20-87)

(Amended by Ord. No. 7649 (N.S.) adopted 7-17-89)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

(Amended by Ord. No. 8175 (N.S.) adopted 11-18-92)

(Amended by Ord. No. 9940 (N.S.) adopted 6-18-08)

(Amended by Ord. No. 10003 (N.S.) adopted 8-5-09)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

(Amended by Ord. No. 10035 (N.S.) adopted 1-27-10)

(Amended by Ord. No. 10067 (N.S.) adopted 8-4-10)

(Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

(Amended by Ord. No. 11015 (N.S.) adopted 8-19-26)

1215 CLASSIFICATION OF COMBINATIONS OF PRINCIPAL USES.

The following rules shall apply where a lot contains uses which resemble two or more different use types and which are not classified either as accessory uses (Section 6150) or as permitted secondary uses.

a. Separate Classification of Several Establishments. The principal uses conducted on a lot by two or more individual establishments, managements, or institutions shall be classified separately into use types.

b. Classification of Different Uses Conducted by Individual Establishment. If principal uses conducted on a lot by an individual establishment, management, or institution resemble two or more different use types, all such principal uses shall be classified in the use types whose description most closely portrays the nature of such uses. However, when the principal uses have any of the characteristics of the following list of use types, all such principal uses shall be classified in one or more of the use types on the list:

Animal Sales and Services: Auctioning

Animal Sales and Services: Stockyards

Animal Waste Processing

Explosive Storage

General Industrial

Heavy Industrial

Major Impact Services and Utilities

Mining and Processing

Scrap Operations

Wholesaling, Storage and Distribution: Heavy

This provision for classifying uses on the above list shall not apply to areas subject to the Fallbrook Village Regulations.

(Amended by Ord. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. 5786 (N.S.) adopted 6-4-80)

(Amended by Ord. 9620 (N.S.) adopted 12-10-03)

1220 CLASSIFYING USES.

Uses will be classified into use types based upon the description of the use types as contained in Section1250 through Section 1899, inclusive, and upon common functional, product, or compatibility characteristics with other uses already classified within the use type, subject to the applicable provisions of Section 1215 with respect to combinations of uses. A list of common uses and the use types into which they are classified shall be maintained by the Director. The Director shall have the authority to classify common uses according to use types. The classification of a use is subject to the right of appeal pursuant to the Administrative Appeal Procedure commencing at Section 7200.

RESIDENTIAL USE TYPES

1250 GENERAL DESCRIPTION OF RESIDENTIAL USE TYPES.

Residential use types include the occupancy of living accommodations on a wholly or primarily nontransient basis; but exclude institutional living arrangements involving those providing 24-hour skilled nursing or medical care and those providing forced residence, such as asylums and prisons. They also include certain uses accessory to the above, as specified in Section 6150, Accessory Use Regulations.

1260 FAMILY RESIDENTIAL.

The Family Residential use type refers to the residential occupancy of living units by families on a weekly or longer basis. Typical uses include occupancy of dwelling or apartment.

1265 GROUP RESIDENTIAL.

The Group Residential use type refers to the residential occupancy of living units by persons who do not live together as a single housekeeping unit but have a common kitchen facility. Typical uses include occupancy of sorority houses, retirement homes or boarding houses. If in addition to the common kitchen facility, any living unit includes a separate kitchen, that living unit shall be counted as a dwelling unit in calculating density pursuant to Section 4115, unless the Group Residential use is restricted to occupancy by seniors through a mechanism approved by the Director of Planning & Development Services.

Living units restricted by a grant deed for seniors may include a separate kitchen and shall not be counted as a dwelling unit in calculating density pursuant to Section 4115.

(Amended by Ord. No. 7220 (N.S.) adopted 10-22-86)

(Amended by Ord. No. 10592 (N.S.) adopted 2-27-19)

1280 MOBILEHOME RESIDENTIAL.

The Mobilehome Residential use type refers to the residential occupancy of mobilehomes by families on a weekly or longer basis. Typical uses include mobilehome parks or mobilehome condominiums.

CIVIC USE TYPES

1300 GENERAL DESCRIPTION OF CIVIC USE TYPES.

Civic use types include the performance of utility, educational, recreational, cultural, medical, protective, government, and other uses which are strongly vested with public or social importance. They also include certain uses accessory to the above, as specified in Section 6150, Accessory Use Regulations.

1310 ADMINISTRATIVE SERVICES.

The Administrative Services use type refers to consulting, record keeping, clerical or public contact services that deal directly with the citizen, together with incidental storage and maintenance of necessary vehicles.

1315 AMBULANCE SERVICES.

The Ambulance Services use type refers to the transportation of ill or injured persons to and from treatment facilities together with incidental storage and maintenance of necessary vehicles.

1320 CLINIC SERVICES.

The Clinic Services use type refers to providing non-profit medical services to persons afflicted with bodily or mental disease or injury without provision for on-site residence or confinement.

1325 COMMUNITY RECREATION.

The Community Recreation use type refers to recreational, social or multi-purpose uses within buildings with no fixed seats and occupancy limited to 500 persons.

1330 CULTURAL EXHIBITS AND LIBRARY SERVICES.

The Cultural Exhibits and Library Services use type refers to non-profit, museum-like preservation, exhibition of objects of permanent interest in one or more of the arts and sciences, gallery exhibition of works of art or library collection of books, manuscripts, etc., for study and reading.

1332 CHILD CARE CENTER.

The Child Care Center use type refers to the care of children in a state- licensed child care center, but excluding overnight care or uses classified as Group Care or Major Impact Services and Utilities. Typical uses include child care centers, preschools and day nurseries.

(Added by Ord. No. 6782 (N.S.) adopted 5-16-84)

1334 EMERGENCY SHELTERS.

The Emergency Shelters Use Type refers to housing or shelter, including non-congregate shelter, for persons experiencing homelessness. The following are non-exhaustive Emergency Shelters use types:

a. Emergency Shelter as defined by subdivision (e) of Section 50801 of the Health and Safety Code.

b. Emergency Shelter: Day Shelter Facilities. Facilities where food and/or social services are made available to persons experiencing homelessness and overnight sleeping is prohibited.

c. Emergency Shelter: Emergency Bridge Housing Community. Shall have the meaning prescribed in the Government Code Section 8698(e).

d. Emergency Shelter: Homeless Shelters as defined by subdivision (a) of Section 8698.4 of the Government Code.

e. Emergency Shelter: Safe Camping Facilities. Shall mean a tent, or a relocatable hard- sided shelter, that is receiving direct financial assistance from the County of San Diego, State of California or the Federal Government, designed to be used within a location on or to be located on properties owned, operated by the County directly or through a third party, financed, leased, or on property owned or leased by the County of San Diego, or on federally-owned or state-owned public lands, and are within the County of San Diego. A relocatable hard-sided shelter may contain plumbing, an electrical system and electrical space conditioning equipment complying with the electrical and mechanical regulations and supplied by the lot service equipment..

f. Emergency Shelter: Safe Parking Facilities. Shall include a location within or to be located on properties owned, operated by the

County directly or through a third party, financed, leased, or on property owned or leased by the County of San Diego, or on federally- owned or state-owned public lands within the County of San Diego and specifically be identified as allowed for over-night parking by persons experiencing homelessness. Safe Parking Facilities shall include small structures including but not limited to restrooms, security posts, or offices for social service providers. Safe Parking Facilities will not be located at an RV park or a mobilehome park.

g. Emergency Shelter: Safe Storage Facilities. Shall include containers or buildings that are located on property owned, or leased by the County, State, or Federal Government, or incidental to any other Emergency Shelter.

(Added by Ord. No. 10035 (N.S.) adopted 1-27-10)

(Added by Ord. No. 10767 (N.S.) adopted 1-26-22)

1335 ESSENTIAL SERVICES.

The Essential Services use type refers to services which are necessary to support principal development and involve only minor structures, such as utility lines and/or poles, which are necessary to support principal development. Essential Services also includes a public passive park/recreational area.

(Amended by Ord. No. 8340 (N.S.) adopted 12-15-93)

1340 FIRE PROTECTION SERVICES.

The Fire Protection Services use type refers to the providing of fire protection by a district or an entity organized pursuant to Health and Safety Code Sections 14825 et seq. and the housing of fire trucks, fire fighting personnel and related equipment.

1345 GROUP CARE.

The Group Care use type refers to services provided in facilities and authorized, certified or licensed by the State to provide board, room and personal care to 7 or more persons or dependent and neglected children or in facilities authorized to provide day care services but excluding those uses classified under Child Care Center or Major Impact Services and Utilities. Typical uses include halfway houses, intermediate care facilities, and, day care facilities serving more than 50 persons.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6543 (N.S.) adopted 3-2-83)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

1346 LAW ENFORCEMENT SERVICES.

The Law Enforcement Services use type refers to the provision of police protection by a governmental agency, including administrative offices, storage of equipment and the open or enclosed parking of patrol vehicles.

(Added by Ord. No. 8175 (N.S.) adopted 11-18-92)

1348 CIVIC, FRATERNAL OR RELIGIOUS ASSEMBLY.

The Civic, Fraternal or Religious Assembly use type refers to meetings and activities attended regularly by and conducted primarily for their members, by nonprofit organizations which are tax-exempt pursuant to Section 501 (c) of the Internal Revenue Code and which may meet during or after regular business hours. Typical uses include meeting places for civic clubs, ethnic associations, social clubs, scouting organizations (other than 1505, Participant Sports and Recreation), churches, mosques, synagogues, temples, or fraternal or veterans organizations. Excluded from this use type are uses classified as Group Residential, Group Care, or Transient Habitation (all types).

(Added by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

1350 MAJOR IMPACT SERVICES AND UTILITIES.

The Major Impact Services and Utilities use type refers to public or private services and utilities which have substantial impact. Such uses may be conditionally permitted in any zone when the public interest supersedes the usual limitations placed on land use and transcends the usual restraints of zoning for reasons of necessary location and community wide interest. Typical places or uses are schools, sanitary landfills, public and private airports, public park/playground/recreational areas (other than public passive park/recreational areas), hospitals, psychiatric facilities, cemeteries, nursing homes, detention and correction institutions, trade schools (with outdoor training facilities) or security, law enforcement, military, paramilitary type training facilities, or field medical training uses. Public park/ playground/recreational areas (other than public passive park/recreational areas) shall not apply to those uses within the Coastal Zone (refer to County Park).

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6543 (N.S.) adopted 3-2-83)

(Amended by Ord. No. 6855 (N.S.) adopted 10-10-84)

(Amended by Ord. No. 7850 (N.S.) adopted 1-16-91 (Amended by Ord. No. 8340 (N.S.) adopted 12-15-93)

(Amended by Ord. No. 10095 (N.S.) adopted 12-3-10)

(Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

(Amended by Ord. No. 10697 (N.S.) adopted 11-18-20, effective 03-15-21)

1355 MINOR IMPACT UTILITIES.

The Minor Impact Utilities use type refers to public utilities which have a local impact on surrounding properties and are necessary to provide essential services. Typical uses are electrical and gas distribution substations.

1360 PARKING SERVICES.

The Parking Services use type refers to parking services involving garages and lots which are publicly operated.

1365 POSTAL SERVICES.

The Postal Service use type refers to mailing services excluding major processing, owned or operated by governmental agencies as traditionally provided by the United States Postal Service.

1375 SMALL SCHOOLS.

The Small Schools use type refers to the education of 7 or more children, adults, elderly persons, or handicapped persons at one time (but not more than 50), but excluding overnight care or uses classified as Group Care or Major Impact Services and Utilities. Typical uses include day care facilities for the elderly and schools for not more than 50 children or adults.

(Added by Ord. No. 6654 (N.S.) adopted 9-21-83)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

(Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

COMMERCIAL USE TYPES

1400 GENERAL DESCRIPTION OF COMMERCIAL USE TYPES.

Commercial use types include the distribution and sale or rental of goods; and the provision of services other than those classified as Civic Uses. They also include certain uses accessory to the above, as specified in Section 6150, Accessory Use Regulations.

1410 ADMINISTRATIVE AND PROFESSIONAL SERVICES.

The Administrative Professional Services use type refers to offices of private firms or organizations which are primarily used for the provision of professional, executive, management or administrative services. Typical uses include administrative offices, legal offices, or architectural firms.

1415 AGRICULTURAL AND HORTICULTURAL SALES.

The Agricultural and Horticultural Sales use type refers to a business establishment with retail sale of agricultural and horticultural goods not cultivated on the premises.

a. Agricultural Sales. Sale of feed, grain, fertilizers, pesticides and similar goods. Typical items include nurseries, hay, feed and grain stores.

b. Horticultural Sales. Retail sale only of horticultural and flori-cultural specialties and related nursery items. Typical items include flowers, shrubs, trees and garden tools and supplies.

(Amended by Ord. No. 6284 (N.S.) adopted 5-5-82)

(Amended by Ord. No. 10463 (N.S.) adopted 4-14-17)

1420 AGRICULTURAL SERVICES.

The Agricultural Services use type refers to a property, establishment or place of business engaged in the provision of agriculturally related services with incidental storage on lots other than where the service is rendered. Typical uses include crop dusting or tree service firms.

(Amended by Ord. No. 10463 (N.S.) adopted 4-14-17)

1425 ANIMAL SALES AND SERVICES.

Animal Sales and Services refers to a property, establishment or place of business primarily engaged in animal related sales and services. The following are animals sales and services use types:

a. Animal Sales and Services: Auctioning. Auctioning of livestock on a wholesale or retail basis with incidental storage of animals produced off property not exceeding 48-hour periods. The auctioning of miscellaneous related items may be conducted in conjunction with animal auctioning, if the auctioning of miscellaneous related items is conducted by the same operator as the animal auction, the number of days and hours of operation do not exceed those in which animal auctions are held, and the impacts resulting from the miscellaneous items auction activity do not exceed those of the animal auction. Typical uses include animal auctions or livestock auction yards.

b. Animal Sales and Services: Grooming. Grooming of dogs, cats and similar small animals. Typical uses include dog bathing and clipping salons or pet grooming shops.

c. Animal Sales and Services: Horse Stables. Boarding, breeding, raising, rehabilitation, riding training or performing of horses for commercial purposes. This does not include the private use of horses owned by the owners or the occupants of the premises allowed under section 1725 Animal Raising, such as Horsekeeping. Typical uses include boarding stables or public stables.

d. Animal Sales and Services: Kennels. Kennel services for dogs, cats and similar small animals. Typical uses include boarding kennels, pet motels, dog daycare or dog training centers.

e. Animal Sales and Services: Stockyards. Stockyard services involving the temporary keeping of transient livestock for slaughter, market or shipping. Typical uses include stockyards or animal sales yards.

f. Animal Sales and Services: Veterinary (Large Animals). Veterinary services for large animals. Typical uses include animal hospitals

(large animals) or veterinary hospitals (large animals). Boarding of animals or grooming of animals may be allowed as accessory to the veterinary use.

g. Animal Sales and Services: Veterinary (Small Animals). Veterinary services for small animals. Typical uses include pet clinics, dog and cat hospitals or animal hospitals (small animals). Boarding of animals or grooming of animals may be allowed as accessory to the veterinary use.

(Amended by Ord. No. 7981 (N.S.) adopted 10-2-91)

(Amended by Ord. No. 9935 (N.S.) adopted 4-23-08)

(Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

(Amended by Ord. No. 10285 (N.S.) adopted 9-11-13)

(Amended by Ord. No. 10463 (N.S.) adopted 4-14-17)

1430 AUTOMOTIVE AND EQUIPMENT.

Automotive and equipment refers to establishments or places of business primarily engaged in automotive related or heavy equipment sales or service. The following are automotive and equipment use types:

a. Automotive and Equipment: Cleaning. Washing and polishing of automobiles. Typical uses include auto laundries or car washes.

b. Automotive and Equipment: Fleet Storage. Storage or parking of one or more vehicles used regularly in business operations. Excluded from this use type are Automotive and Equipment: Sales/Rentals, (all types); and the incidental parking of vehicles as an accessory use to a permitted use on the same premises. Typical uses include taxi fleets, mobile catering truck storage or delivery truck fleets.

c. Automotive and Equipment: Parking. Parking of motor vehicles on a temporary basis within a privately owned off-street parking area

with or without a fee. Typical uses include commercial parking lots or garages.

d. Automotive and Equipment: Repairs, Heavy Equipment. Repair of motor vehicles such as aircraft, boats, recreational vehicles, trucks, etc., as well as the sale, installation and servicing of automotive equipment and parts together with body repairs, painting and steam cleaning. Typical uses include truck transmission shops, body shops or motor freight maintenance groups.

e. Automotive and Equipment: Repairs, Light Equipment. Repair of automobiles and the sale, installation and servicing of automobile equipment and parts but excluding body repairs and painting. Typical uses include muffler shops, auto repair garages or auto glass shops.

f. Automotive and Equipment: Sales/Rentals, Heavy Equipment. Sale, retail or wholesale and/or rental from the premises of heavy

construction equipment, trucks and aircraft together with incidental maintenance. Typical uses include aircraft dealers, boat dealers, or heavy construction equipment dealers.

g. Automotive and Equipment: Sales/Rentals, Farm Equipment. Sale, retail or wholesale and/or rental from the premises of farm equipment together with incidental maintenance. Typical uses include farm equipment dealers.

h. Automotive and Equipment: Sales/Rentals, Light Equipment. Sales, retail or wholesale and/or rental from the premises of autos, noncommercial trucks, motorcycles, motorhomes and trailers together with incidental maintenance. When used in this section noncommercial trucks shall mean vehicles that are not used for business purposes, e.g., trucks rented for moving household furnishings and driven by the owner of the items being moved. Typical uses include automobile dealers, car rental agencies or recreational vehicles sales and rental agencies.

i. Automotive and Equipment: Storage, Nonoperating Vehicles. Storage of nonoperating or impounded motor vehicles, but not a

junkyard or motor vehicle wrecking yard (as defined by Section 21.602 of the County Code). Typical uses include storage of private parking towaways or impound yards. (Also see Section 21.607 of the County Code for regulations). Any dismantling or wrecking of vehicles is regulated by Section 1530 Scrap Operations.

j. Automotive and Equipment: Storage, Recreational Vehicles and Boats. Storage of Recreational Vehicles and Boats. Typical uses

include the collective storage of personal recreational vehicles or boats.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95)

(Amended by Ord. No. 8897 (N.S.) adopted 3-18-98)

(Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

(Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

1435 BUILDING MAINTENANCE SERVICES.

The Building Maintenance Services use type refers to establishments primarily engaged in the provision of maintenance and custodial services to firms rather than individuals. Typical uses include janitorial, landscape maintenance, or window cleaning services.

1440 BUSINESS EQUIPMENT SALES AND SERVICES.

The Business Equipment Sales and Services use type refers to establishments or places of business primarily engaged in the sale, rental or repair of equipment and supplies used by office, professional and service establishments to the firms themselves rather than to individuals, but excludes automotive, construction and farm equipment. Typical uses include office equipment and supply firms, small business machine repair shops or hotel equipment and supply firms.

1445 BUSINESS SUPPORT SERVICES.

The Business Support Services use type refers to establishments primarily engaged in the provision of services of a clerical, employment, protective, or minor processing nature to firms rather than individuals and where the storage of goods other than samples is prohibited. Typical uses include secretarial services, telephone answering services, or blueprint services.

1447 CANNABIS FACILITIES.

The Cannabis Facilities use type refers to establishments or places of business engaged in the following medicinal or adult use commercial cannabis activities:

a. Cultivation

b. Distribution

c. Manufacturing

d. Retail and Consumption Lounge

e. Testing laboratory

f. Temporary cannabis event

g. Microbusiness

(Added by Ord. No. 11015 (N.S.) adopted 8-19-26)

1450 COMMUNICATIONS SERVICES.

The Communication Services use type refers to establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephone mechanisms but excludes those classified as Major Impact Services and

Utilities. Typical uses include television studios, telecommunication service centers or telegraph service offices.

1455 CONSTRUCTION SALES AND SERVICES.

The Construction Sales and Services use type refers to establishments or places of business primarily engaged in construction activities and incidental storage on lots other than construction sites as well as the retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures other than retail sale of paint, fixtures and hardware; but excludes those classified as one of the Automotive and Heavy Equipment use types. Typical uses include building materials stores, tool and equipment rental or sales, or building contractors.

1460 CONVENIENCE SALES AND PERSONAL SERVICES.

The Convenience Sales and Personal Services use type refers to establishments or places of business primarily engaged in the provision of frequently or recurrently needed small personal items or services for residents within reasonable walking distance. These include various general retail sales and personal services of an appropriate size and scale. Typical uses include neighborhood grocery or drug stores. The Convenience Sales and Personal Services use type can include uses permitted by Section 1465 (Eating and Drinking Establishments), 1480 (Food and Beverage Sales), 1510 (Personal Services, General) and 1525 (Retail Sales, General) provided it is administratively determined that they meet the convenience description set forth above, except that the following uses are not allowed:

a. Any use which includes the serving of alcoholic beverages, except beer and wine, for consumption on the premises;

b. Any use which includes the provision of live entertainment;

c. Any use which includes selling goods by auction; or

d. Any use which includes selling equipment or parts for automobiles, marine craft, aircraft, motorcycles, camper or trailer purposes.

(Amended by Ord. No. 9935 (N.S.) adopted 4-23-08)

1463 COTTAGE INDUSTRIES.

A Cottage Industry is the production of goods or the provision of services in conjunction with a single detached dwelling conducted in compliance with the requirements of Section 6920.

(Added by Ord. No. 5652 (N.S.) adopted 11-21-79)

(Amended by Ord. No. 7964 (N.S.) adopted 8-14-91

1465 EATING AND DRINKING ESTABLISHMENTS.

The Eating and Drinking Establishments use type refers to establishments or places of business primarily engaged in the sale of prepared food and beverages for on-premise consumption. Typical uses include restaurants, short order eating places or bars.

1470 EXPLOSIVE STORAGE.

The Explosive Storage Use Type refers to the storage of any quantity of explosives as defined by Section 12000 of the California Health and Safety Code. Excluded from the Explosive Storage Use Type is the storage of up to 200 pounds of smokeless powder and/or up to 25 pounds of black sporting powder provided such storage is for commercial retail sale. Typical uses include storage in the course of manufacturing, selling, or transporting explosives or in the course of blasting operations.

1475 FINANCIAL, INSURANCE AND REAL ESTATE SERVICES.

The Financial, Insurance and Real Estate Services use type refers to establishments primarily engaged in the provision of financial, insurance, real estate or securities brokerage services. Typical uses include banks, insurance agencies or real estate firms.

1480 FOOD AND BEVERAGE RETAIL SALES.

The Food and Beverage Retail Sales use type refers to establishments or places of business primarily engaged in the retail sale of food and beverages for home consumption. Typical uses include groceries, liquor stores or delicatessens.

1485 FUNERAL AND INTERMENT SERVICES.

Funeral and Interment Services refers to establishments primarily engaged in the provision of services involving the care, preparation or disposition of human dead other than in cemeteries. The following are Funeral and Interment Services use types.

a. Funeral and Interment Services: Cremating. Crematory services involving the purifaction and reduction of the human body by fire. Typical uses include crematories or crematoriums.

b. Funeral and Interment Services: Interring. Interring services involving the keeping of human bodies other than in cemeteries. Typical uses include columbaria, mausoleums or cineraria.

c. Funeral and Interment Services: Undertaking. Undertaking services such as preparing the dead for burial and arranging and managing funerals. Typical uses include funeral homes or mortuaries.

1490 GASOLINE SALES.

The Gasoline Sales use type refers to establishments or places of business primarily engaged in the retail sales, from the premises, of petroleum products, alternative vehicle fuels (including but not limited to natural gas (CNG) or biodiesel) and includes the sale of tires, batteries, and replacement items, lubricating services and minor repair services. Typical uses include automobile service stations, filling stations or truck stops.

(Amended by Ord. No. 7432 (N.S.) adopted 1-06-88)

(Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

1495 LAUNDRY SERVICES.

The Laundry Services use type refers to establishments primarily engaged in the provision of laundering, dry cleaning or dyeing services other than those classified as Personal Services, General. Typical uses include laundry agencies, diaper services or linen supply services.

1500 MEDICAL SERVICES.

The Medical Services use type refers to establishments primarily engaged in the provision of personal health services ranging from prevention, diagnosis and treatment or rehabilitation services provided by physicians, dentists, nurses and other health personnel as well as the provi- sion of medical testing and analysis services, but excludes those classified as any civic use type. Typical uses include medical offices, dental laboratories or health maintenance organizations.

1505 PARTICIPANT SPORTS AND RECREATION.

Participant Sports and Recreation refers to establishments or places primarily engaged in the provision of sports or recreation by and for participants. Any spectators would be incidental and on a nonrecurring basis. The following are participant sports and recreation use types:

a. Participant Sports and Recreation: Indoor. Those uses conducted within an enclosed building. Typical uses include bowling alleys or billiard parlors

b. Participant Sports and Recreation: Outdoor. Those uses conducted in open facilities. Typical uses include driving ranges or miniature golf courses, athletic facilities, carnival facilities, sports fields, health clubs and spas, swimming beaches, swimming pools and nudist facilities.

(Amended by Ord. No. 7106 (N.S.) adopted 3-19-86)

(Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

1510 PERSONAL SERVICES, GENERAL.

The Personal Services, General use type refers to establishments primarily engaged in the provision of informational, instructional, personal improvement and similar services of a nonprofessional nature but excludes services classified a Spectator Sports and Entertainment, Participant Sports and Recreation, or Transient Habitation. Typical uses include art studios, barber shops, beauty salons, photography studios, massage parlors, vocational schools, trade schools, dance studios or reducing salons.

(Amended by Ord. No. 9935 (N.S.) adopted 4-23-08)

(Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

1512 RECYCLING COLLECTION FACILITY.

The Recycling Collection Facility use type refers to establishments or places primarily engaged in collecting recyclable materials for the purpose of resource recovery. Typical uses include collection centers that use portable receptacles for collecting containers made from metal, glass, paper or plastic. The following are Recycling Collection Facility use types:

a. Recycling Collection Facility, Small: A facility for the acceptance (donation, redemption, or sale) of recyclable materials from the public which occupies an area of not more than 500 square feet. Except for reverse vending machines, such a facility does not utilize power- driven equipment. Small collection facilities may consist of the following:

1. Reverse vending machines.

2. Mobile recycling units.

3. Bulk reverse vending machines.

4. Kiosk type units.

5. Free-standing containers.

b. Recycling Collection Facility, Large: A facility for the acceptance (donation, redemption, or sale) of recyclable materials from the public which occupies an area of more than 500 square feet. Such a facility may employ the same collection methods of a small recycling facility but in addition, may aggregate and/or sort recyclable materials on site in preparation for shipment to a processing facility. A large collection facility may also utilize power-driven equipment.

(Added by Ord. No. 6134 (N.S.) adopted 7-22-81)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

1513 RECYCLING PROCESSING FACILITY

The Recycling Processing Facility use type refers to establishments or places primarily engaged in processing recyclable materials for the purpose of resource recovery. Processing means the preparation of materials by one or more of the following means: baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding and cleaning. Recycling processing facilities include the following:

a. Recycling Processing Facility, Light: A light processing facility is limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source separated recyclable materials and repairing of reusable products sufficient to qualify as a certified recycling facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers.

b. Recycling Processing Facility, Heavy: Any facility, other than a light recycling processing facility or scrap operation for processing of recyclable materials.

c. Recycling Processing Facility, Wood and Green Materials: A facility devoted exclusively to grinding, shredding, splitting or chopping, (including sawing) of wood and/or green waste.

d. The processing of organic materials in accordance with Section6977 of the Zoning Ordinance.

(Added by Ord. No. 8058 (N.S.) adopted 4-15-92)

(Amended by Ord. No. 10035 (N.S.) adopted 1-27-10)

(Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

(Amended by Ord. No. 10807 (N.S.) adopted 9-14-22)

1515 REPAIR SERVICES, CONSUMER.

The Repair Services, Consumer use type refers to establishments primarily engaged in the provision of repair services to individuals and households rather than firms, but excluding Automotive and Equipment use types. Typical uses include appliance repair shops, apparel repair firms or musical instrument repair firms.

1520 RESEARCH SERVICES.

The Research Services use type refers to establishments primarily engaged in research of an industrial or scientific nature which is provided as a service or which is conducted by and for a private firm, but excludes medical testing and analysis and product testing. Typical uses include electronics research laboratories, space research and development firms or pharmaceutical research labs.

1525 RETAIL SALES.

Retail Sales refers to establishments or places primarily engaged in the sale or rental of goods or merchandise for personal or household use, but excludes those classified as Agricultural Sales, Animal Sales and Services, Automotive and Equipment, Business Equipment Sales and Services, Construction Sales and Services, Food and Beverage Retail Sales, Gasoline Sales, and Swap Meets. The following are Retail Sales use types:

a. Retail Sales: General. Goods offered are generally those meeting regular or recurring personal or household needs. Establishment may have a relatively large floor area and offer a wide variety of merchandise types. Typical uses would include department stores, variety stores, super drug stores, apparel stores, and furniture stores.

b. Retail Sales: Specialty. Establishments offering a single type, or closely related types, of merchandise oriented toward impulse or discretionary purchase rather than satisfaction of regular or recurring needs. Included in this use type is accessory custom manufacturing which involves the production for on-site sale only of crafts, jewelry or related specialty items. Individual establishments will have relatively small floor areas (generally not more than 2,000 square feet). Typical uses would include sale of art or craft objects; sales conducted in civic plazas; flower or plant shops; shops offering gifts, novelties, or souvenirs; beachwear stores; and antique shops.

(Amended by Ord. No. 6187 (N.S.) adopted 11-18-81)

(Amended by Ord. No. 6743 (N.S.) effective 1-11-85)

(Amended by Ord. No. 8581 (N.S.) adopted 9-2-95)

1530 SCRAP OPERATIONS.

The Scrap Operations use type refers to places of business primarily engaged in the storage, dismantling, sorting, baling and crushing for sale of used and discarded products. The Scrap Operations use type does not include a Recycling Processing Facility. Typical Scrap Operations uses include automotive wrecking yards, junk yards or salvage yards. (Also see Section 21.601 et seq. of the County Code for regulations.)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

(Amended by Ord. No. 8897 (N.S.) adopted 3-18-98)

(Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

1535 SPECTATOR SPORTS AND ENTERTAINMENT.

Spectator Sports and Entertainment refers to establishments or places primarily engaged in the provision of cultural, entertainment, athletic and other events to spectators as well as those involving social or fraternal gatherings. The following are Spectator Sports and Entertainment use types:

a. Spectator Sports and Entertainment: Limited. Those uses conducted within an enclosed building with a capacity of 500 or less people. Typical uses include small theaters or meeting halls.

b. Spectator Sports and Entertainment: General. Those uses conducted in open facilities or those uses conducted within an enclosed building with a capacity of more than 500 people. Typical uses include large exhibition halls or sports stadiums.

1540 SWAP MEETS.

The Swap Meet use type refers to the display, exchange, barter or sale of new or used common household items or office equipment and furnishings, provided that such activity is carried on in a swap lot. Typical uses include flea markets where clothing, personal effects, household furnish- ings and household appliances are sold or otherwise exchanged.

1545 TRANSIENT HABITATION.

Transient Habitation refers to establishments primarily engaged in the provision of lodging services on a less than weekly basis with incidental

food, drink and other sales and services intended for the convenience of guests. The following are Transient Habitation use types:

a. Transient Habitation: Campground. Campground services involving transient habitation areas for travelers in recreational vehicles or tents. Typical uses include recreational vehicle parks.

b. Transient Habitation: Lodging. Lodging services involving the provision of room and/or board. Typical uses include hotels, motels or transient boarding houses.

c. Transient Habitation: Resort. Resort services including the provision of extensive outdoor recreation and entertainment services especially for vacationers. Typical uses include resort and recreational facilities, dude ranches, health spas, and resort hotels, motels and nudist facilities.

d. Transient Habitation: Rental Units. Residences, condominiums, apartments and townhomes that are rented on a daily, weekly or monthly basis. When used in this way, a rental unit is not occupied by the owner nor is the occupant using the rental unit as his or her primary or permanent residence.

(Amended by Ord. No. 7106 (N.S.) adopted 3-19-86)

(Amended by Ord. No. 9958 (N.S.) adopted 12-10-08)

1550 WHOLESALING, STORAGE AND DISTRIBUTION.

Wholesaling, Storage and Distribution refers to establishments or places of business primarily engaged in wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. The following are Wholesaling, Storage and Distribution use types:

a. Wholesaling, Storage and Distribution: Mini-Warehouses. Storage or warehousing service within a building(s) primarily for individuals to store personal effects and by businesses to store material for operation of an industrial or commercial enterprise located elsewhere. (See Section 6909 for regulations applicable to mini-warehouses.)

b. Wholesaling, Storage and Distribution: Light. Wholesaling, storage and warehousing services within enclosed structures. Typical uses include wholesale distributors, storage warehouses or moving and storage firms.

c. Wholesaling, Storage and Distribution: Heavy. Open air storage, distribution and handling of materials and equipment. Typical uses include monument or stone yards, grain elevators or open storage yards.

(Amended by Ord. No. 6984 (N.S.) adopted 7-03-85)

(Amended by Ord. No. 7388 (N.S.) adopted 10-07-87)

(Amended by Ord. No. 9935 (N.S.) adopted 4-23-08)

INDUSTRIAL USE TYPES

1600 GENERAL DESCRIPTION OF INDUSTRIAL USE TYPES.

Industrial use types include the on-site production of goods by methods not agricultural or extractive in nature. They also include certain uses accessory to the above, as specified in Section 6150, Accessory Use Regulations.

1610 CUSTOM MANUFACTURING.

The Custom Manufacturing use type refers to the use of any structure having a floor area no greater than 2,000 square feet primarily engaged in the on-site production of goods by hand manufacturing which involves only the use of hand tools or domestic mechanical equipment not exceeding the use of five horse power at any one time, or a single kiln not exceeding 8 cubic feet in volume and the incidental direct sale to consumers of only those goods produced on-site. Additional floor area and/or horse power may be approved upon issuance of a minor use permit. Typical uses include ceramic studios, candle making shops or custom jewelry manufacturers. The 2,000 square foot limit shall include and apply to the total floor area occupied by all such uses conducted in the structure.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 7576 (N.S.) adopted 1-11-89)

(Amended by Ord. No. 7935 (N.S.) adopted 6-19-91)

1620 GENERAL INDUSTRIAL.

The General Industrial use type refers to industrial plants primarily engaged in manufacturing, compounding, processing, assembling, packaging, treatment or fabrication of materials and products.

1630 HEAVY INDUSTRIAL.

The Heavy Industrial use type refers to all other industrial plants or involves the compounding of radioactive materials, petroleum refining or manufacturing of explosives.

AGRICULTURAL USE TYPES

1700 GENERAL DESCRIPTION OF AGRICULTURAL USE TYPES.

Agricultural use types include the on-site production of plant and animal products by agricultural methods. They also include certain use accessory to the above as specified in Section 6150, Accessory Use Regulations. Prior to establishing an agricultural use on a property, all applicable provisions of the County Grading Ordinance (Title 8, Division 7 of the County Code) including Agricultural Grading and Agricultural

Clearing shall be met.

(Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

1710 HORTICULTURE

Horticulture refers to premises primarily devoted to horticultural and floricultural specialties such as flowers, shrubs, and trees intended for ornamental or landscaping purposes. The following are Horticulture use types:

a. Horticulture: Cultivation. Cultivation of plants for wholesale sales.

b. Horticulture: Storage. Storage of plants, primarily in containers, for wholesale sales.

1715 TREE CROPS.

The Tree Crops use type refers to premises primarily devoted to the cultivation for sale at wholesale of tree-grown agricultural products such as avocados, walnuts and citrus fruits.

1720 ROW AND FIELD CROPS.

The Row and Field Crops use type refers to premises primarily devoted to the cultivation for sale at wholesale of agricultural products grown in regular or scattered patterns such as vines, field, forage and other plant crops intended to provide food or fibers.

1725 ANIMAL RAISING.

The Animal Raising use type refers to premises where animals are fed or kept for personal use, animal products, animal increase, value increase, for 4-H or other agricultural organization projects by the owner or occupant of the premises. Typical uses include horsekeeping for personal use and chicken or cattle ranches.

(Amended by Ord. No. 10285 (N.S.) adopted 9-11-13)

1730 LARGE COMMERCIAL ORGANIC PROCESSING.

The Large Commercial Organic Processing use type refers to the organic material processing as a primary use for commercial scale operations to divert organic materials from landfills.

(Amended by Ord. No. 7817 (N.S.) adopted 9-26-90)

(Amended by Ord. No. 10807 (N.S.) adopted 9-14-2022)

1735 PACKING AND PROCESSING.

Packing and Processing refers to packing and processing of fresh agricultural products and does not include cooking, canning, tanning, rendering and reducing operations which are general industrial uses. Following are categories of Packing and Processing use types:

a. Packing and Processing: Limited. The customary preparation for market of fresh produce, flowers, feed, fiber, milk, eggs, rabbits, poultry and other similarly sized small or specialty animals raised for human consumption, produced on the same premises as the packing and processing operation. These products shall be considered to be produced on the same premises if they are solely grown or produced on land owned or operated by the same person who owns or operates the packing and processing facility.

b. Packing and Processing: General. The customary preparation for market of fresh produce, flowers, feed, fiber, milk, eggs, rabbits, poultry and other similarly sized small or specialty animals raised for human consumption, produced on premises other than that upon which the packing and processing operation is located.

c. Packing and Processing: Support. Fabrication, assembly, reconditioning and sale of boxes, cartons, crates and pallets for handling and transporting crops provided this use is secondary to agricultural or horticultural production on the premises.

d. Packing and Processing: Winery. Crushing of grapes, berries and other fruits and fermentation, storage and bottling of wine from fruit grown on or off the premises. A Winery may also include a tasting room and retail outlet as secondary uses.

e. Packing and Processing: Small Winery. Crushing of grapes, berries and other fruits and fermentation, storage and bottling of less than or equal to 120,000 gallon of wine per year. A Small Winery may also include a tasting room and retail outlet as secondary uses.

f. Packing and Processing: Boutique Winery. Crushing of grapes, berries and other fruits and fermentation, storage and bottling of up

to 12,000 gallons of wine per year. A Boutique Winery may also include a tasting room and retail outlet as secondary uses.

g. Packing and Processing: Wholesale Limited Winery. Crushing of grapes, berries and other fruits for the fermentation, storage, bottling and wholesaling of up to 12,000 gallons of wine per year.

h. Packing and Processing: Organic Materials. Organic Materials Processing as defined by Section6977 of the Zoning Ordinance may only occur in accordance with that section.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 5786 (N.S.) adopted 6-4-80)

(Amended by Ord. No. 6134 (N.S.) adopted 7-22-81)

(Amended by Ord. No. 6761 (N.S.) adopted 4-25-84)

(Amended by Ord. No. 7818 (N.S.) adopted 9-26-90)

(Amended by Ord. No. 7982 (N.S.) adopted 10-02-91)

(Amended by Ord. No. 9422 (N.S.) adopted 1-9-02)

(Amended by Ord. No. 9935 (N.S.) adopted 4-23-08)

(Amended by Ord. No. 9940 (N.S.) adopted 6-18-08)

(Amended by Ord. No. 10067 (N.S.) adopted 8-4-10)

(Amended by Ord. No. 10807 (N.S.) adopted 9-14-22)

1740 AGRICULTURAL EQUIPMENT STORAGE.

The Agricultural Equipment Storage use type refers to the storage and minor repair of farm implements and equipment including but not limited to vehicles, tractors, wagons, bailers, combines, fencing materials and irrigation pipe which are customarily used in tilling, harvesting, processing, and transporting plant or animal products when such storage is not accessory to agricultural use of the property and the property would otherwise be considered vacant, unproductive or only partly productive. The Agricultural Equipment Storage use type does not include the storage of pesticides or herbicides or the underground storage of fuel. Any use permit granted for Agricultural Equipment Storage shall include a finding that said equipment is necessary for agricultural operations located a reasonable distance from the storage site on land owned or leased by the same person owning or leasing the storage site.

(Added by Ord. No. 6855 adopted 10-10-84)

(Amended by Ord. No. 10807 (N.S.) adopted 9-14-22)

1750 FARM LABOR CAMP.

The Farm Labor Camp use type refers to the occupancy by 13 or more Farm Employees and their families of a living unit or units or 37 or more beds in a group quarters, without regard to duration. A Farm Labor Camp is allowed exclusively in association with the performance of commercial agricultural labor.

(Added by Ord. No. 10003 (N.S.) adopted 8-5-09)

EXTRACTIVE USE TYPES

1800 GENERAL DESCRIPTION OF EXTRACTIVE USE TYPES.

Extractive use types include the on-site production of mineral products by extractive methods. They also include certain uses accessory to the above, as specified in Section 6150, Accessory Use Regulations.

1810 MINING AND PROCESSING.

a. The Mining and Processing use type refers to places or plants primarily devoted to surface or subsurface mining of metallic and non-metallic minerals, water, oil or gas together with essential on-site processing and production of only non-metallic mineral products. Typical operations include, but are not limited to, mines, borrow pits, sand and gravel plants, oil and gas drilling rigs, groundwater extraction operations which may be a primary or secondary use, and associated on-site processing operations such as concrete batch plants. This use type includes recycling of salvaged concrete, asphalt and rock previously used in construction when sited in conjunction with the following non-metallic mineral processing operations: rock crushing, asphalt pavement production, and concrete batching.

b. Rock, sand, gravel and soils including products of these materials to be recycled together with organic matter, excluding unprocessed animal waste, may be imported into a mining site for processing when so specified by the use permit conditions. Processing includes crushing, screening, mixing, blending and amending, as well as storage and sale of the final products for use off- site. The soil amendment operation, as defined in this section, shall comply with Section 6318.

(Amended by Ord. No. 6268 (N.S.) adopted 5-5-82)

(Amended by Ord. No. 8034 (N.S.) adopted 2-26-92)

(Amended by Ord. No. 8050 (N.S.) adopted 4-8-92)

(Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

1820 SITE PREPARATION.

The Site Preparation use type refers to places where the off-site removal of materials is secondary to the future use of the site and where the removal of materials is not completed within one year but otherwise is exempt from the definition of a "Borrow Pit".

PART TWO: USE REGULATIONS

GENERAL PROVISIONS

2000 GENERAL INTENT OF THE USE REGULATIONS.

The provisions of Sections 2000 through 2999 and Sections 8000 through 8999, inclusive, shall be known as the San Diego County Use Regulations and Village Regulations respectively. The purpose of these provisions is to specify the range and combinations of uses necessary to meet requirements for residential and non-residential development within San Diego County as set forth in the policies and principles of the San Diego County General Plan.

(Amended by Ord. No. 10217 (N.S.) adopted 7-25-12)

2005 USE DESIGNATOR REQUIRED.

A Use Designator or Village Designator shall be required as a component of all zones within San Diego County. The Use Designator or Village Designator, together with Animal Designator (if required) as specified in Section 3000 through Section 3999, inclusive; Development Designator as specified in Section 4000 through Section 4999, inclusive; and any applicable Special Area Designator as specified in Section 5000 through 5999, inclusive, shall describe a zone which prescribes regulations of land uses within San Diego County.

(Amended by Ord. No. 8166 (N.S.) adopted 10-21-92)

(Amended by Ord. No. 9620 (N.S.) adopted 12-10-03)

(Amended by Ord. No. 10217 (N.S.) adopted 7-25-12)

2010 BUILDING ENCLOSURE.

The uses classified within the use types listed for each Use Designator shall be conducted in the type of building enclosure as set forth in the Enclosure Regulations commencing at Section 6800.

2050 COMPATIBILITY MATRIX.

The Director shall prepare and cause to be inserted in the Zoning Ordinance, an official Compatibility Matrix for guidance in consideration of a rezone, which expresses in graphic form the compatible Use Regulations and Village Regulations of the ordinance contained in Sections 2000 through 2999 and Section 8000 through 8999, inclusive with the appropriate Land Use Designations of the San Diego County General Plan.

Link to Compatabiity Matrix click here.

(Added by Ord. No. 10162 (N.S.) adopted 8-3-11)

(Amended by Ord. No. 10217 (N.S.) adopted 7-25-12)

(Amended by Ord. No. 10348 (N.S.) adopted 7-30-14)

(Amended by Ord. No. 10700 (N.S.) adopted 12-9-20)

(Amended by Ord. No 10929 (N.S.) adopted 12-11-24)

2060 CONSISTENT USE REGULATION.

A consistent Use Regulation as indicated by the symbol ( · ) is a Use Regulation which is consistent with the indicated Land Use Designation to which it is applied unless precluded by the General Plan, Community Plan or Specific Plan with consideration given to terrain, access, hazards, community character, lot configuration, lot size, drainage, adjacent land use, traffic congestion, noise, air pollution, other factors affecting health, safety or welfare or any other relevant issue.

(Added by Ord. No. 10217 (N.S.) adopted 7-25-12)

2070 SPECIAL CIRCUMSTANCES.

A Use Regulation as indicated by the symbol (o) is a Use Regulation which may be applied in special circumstances with a corresponding Land Use Designation and shall meet one of the following:

a. The existing Use Regulation was in effect prior to the adoption of the current Land Use Designation; or

b. The property or area meets the findings in Section2072 below.

(Added by Ord. No. 10217 (N.S.) adopted 7-25-12)

2072 SPECIAL CIRCUMSTANCES REGULATIONS.

The following findings shall be met in order to find that a Use Regulation is consistent under Special Circumstances with the compatibility matrix, Section 2050:

a. The Use Regulation is consistent with the applicable community plan.

b. The Use Regulation is consistent with, or applied under special circumstances in, the majority of Land Use Designations that border the subject parcel(s).

c. The Use Regulation is compatible with the surrounding land uses, with consideration given to:

1. Density or intensity of potential uses;

2. Availability of public facilities, services and utilities;

3. Harmony with the neighborhood character;

4. Capacity and character of surrounding streets; and

5. Any other relevant impact of the potential use.

d. A General Plan Amendment to an appropriate Land Use Designation that would allow for the Use Regulation to be consistent and therefore not a special circumstance, is infeasible as determined by the Director after consideration of the General Plan and applicable Community Plan.

e. Additionally, a study shall be submitted by the applicant that the proposed Use Regulation meets at least one of the following:

1. There is a demonstrated need for the potential uses of the proposed Use Regulation and there is insufficient land suitably zoned in the Community Planning Area to meet the demonstrated need. Additionally, the application of the proposed Use Regulation would not result in a scarcity of the existing Use Regulation within the community planning area or;

2. The site characteristics make it physically impossible to implement uses allowed with the existing Use Regulation. Such constraints may include, but are not limited to lot configuration, lot size, topography, drainage, adjacent land use, access, traffic congestion, noise, air pollution or other factors affecting health, safety or welfare.

The study submitted subject to e.1 or e.2 shall be reviewed by the Director and included as part of the rezone findings for consideration.

(Added by Ord. No. 10217 (N.S.) adopted 7-25-12)

RESIDENTIAL USE REGULATIONS

RS SINGLE FAMILY RESIDENTIAL USE REGULATIONS

RD DUPLEX/TWO FAMILY RESIDENTIAL USE REGULATIONS

RM MULTI-FAMILY RESIDENTIAL USE REGULATIONS

RV VARIABLE FAMILY RESIDENTIAL USE REGULATIONS

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

2100 INTENT.

The provisions of Section 2100 through Section 2109, inclusive, shall be known as the RS Single Family Residential Use Regulations, the RD Duplex/ Two Family Residential Use Regulations, the RM Multi-Family Residential Use Regulations, or the RV Variable Family Residential Use Regulations, depending on the building type specified in the title. These Use Regulations are intended to create and enhance areas where family residential uses are the principal and dominant use and where certain civic uses are conditionally permitted when they serve the needs of residents. Typically, these Use Regulations would be applied to rural, suburban, and urban areas where adequate levels of public service are available and where there is a desire to create residential neighborhoods and to maintain such neighborhoods once developed. Application of the appropriate Use Regulations with appropriate development designators can create a traditional, exclusively single-family residential area, a duplex or two- family residential area, a multi-family residential area, or an area with a combination of single family, duplex, two-family or multi-family dwellings.

2102 PERMITTED USES.

The following use types are permitted by the RS, RD, RM, and RV Use Regulations:

a. Residential Use Types.

Family Residential

b. Civic Use Types.

Essential Services

Fire Protection Services (see Section 6905)

c. Agricultural Use Types.

Horticulture: Cultivation

Tree Crops

Row and Field Crops

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

2103 PERMITTED USES SUBJECT TO LIMITATIONS.

The following use types are permitted by the RS, RD, RM and RV Use Regulations subject to the applicable provisions of Section2980. The number in quotes following the use type refers to the subsection of Section 2980 which applies.

a. Residential Use Types.

Mobilehome Residential "18"

b. Commercial Use Types.

Recycling Collection Facility, Small "2"

(Added by Ord. No. 5612 (N.S.) adopted 10-10-79)

(Amended by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

2104 USES SUBJECT TO MINOR USE PERMIT.

The following use types are permitted by the RS, RD, RM, and RV Use Regulations, upon issuance of a Minor Use Permit.

a. Civic Use Types.

Minor Impact Utilities

Small Schools

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

2105 USES SUBJECT TO MAJOR USE PERMIT.

The following use types are permitted by the RS, RD, RM, and RV Use Regulations, upon issuance of a Major Use Permit.

a. Civic Use Types.

Administrative Services

Child Care Center

Civic, Fraternal or Religious Assembly

Clinic Services

Community Recreation

Cultural Exhibits and Library Services

Group Care

Major Impact Services and Utilities

Parking Services

Postal Services

b. Commercial Use Types.

Wholesaling, Storage and Distribution: Mini-Warehouses, RM and RV only (See Section 6300 and Section 6909)

c. Extractive Use Types.

Site Preparation

(Amended by Ord. No. 5612 (N.S.) adopted 10-10-79)

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

(Amended by Ord. No. 6984 (N.S.) adopted 7-03-85)

(Amended by Ord. No. 9935 (N.S.) adopted 4-23-08)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

2106 USES SUBJECT TO MAJOR USE PERMIT IN CERTAIN PLANNED DEVELOPMENTS.

The following use types are permitted by the RS, RD, RM, and RV Use Regulations if approved by a major use permit as part of a Planned Development which has the minimum site area required by Section 6610 and which is developed pursuant to the Planned Development Standards commencing at Section 6600.

a. Commercial Use Types.

Administrative and Professional Services

Agricultural and Horticultural Sales (all types)

Automotive and Equipment: Parking

Business Support Services

Convenience Sales and Personal Services

Eating and Drinking Establishments

Financial, Insurance and Real Estate Services

Food and Beverage Retail Sales

Medical Services

Participant Sports and Recreation (all types)

Personal Services, General

Retail Sales: General

Retail Sales: Specialty

Spectator Sports and Entertainment: Limited

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 5878 (N.S.) adopted 6-4-80)

(Amended by Ord. No. 6187 (N.S.) adopted 11-18-81)

(Amended by Ord. No. 6543 (N.S.) adopted 3-2-83)

RU URBAN RESIDENTIAL USE REGULATIONS

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

2140 INTENT.

The provisions of Section 2140 through Section 2149, inclusive, shall be known as the RU Urban Residential Use Regulations. The RU Use Regulations are intended to create and enhance areas where permanent family residential uses are permitted and institutional residential care uses are conditionally permitted and civic uses are permitted when they serve the needs of the residents. Typically, the RU Use Regulations would be applied to rural, suburban, or urban areas where adequate levels of public services are available. Various applications of the RU Use Regulations with appropriate development designators can create areas which have a single-family character or areas which, because of the scale of structures, are recognizable as high-density areas.

2142 PERMITTED USES.

The following use types are permitted by the RU Use Regulations:

a. Residential Use Types.

Family Residential

Group Residential

b. Civic Use Types.

Essential Services

Fire Protection Services (see Section 6905)

c. Agricultural Use Types.

Horticulture: Cultivation

Tree Crops

Row and Field Crops

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

2143 PERMITTED USES SUBJECT TO LIMITATIONS.

The following use types are permitted by the RU Use Regulations subject to the applicable provisions of Section2980. The number in quotes following the use type refers to the subsection of Section 2980 which applies.

a. Residential Use Types.

Mobilehome Residential "18"

b. Commercial Use Types.

Recycling Collection Facility, Small "2"

(Added by Ord. No. 5612 (N.S.) adopted 10-10-79)

(Amended by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

2144 USES SUBJECT TO A MINOR USE PERMIT.

The following use types are permitted by the RU Use Regulations upon issuance of a Minor Use Permit.

a. Civic Use Types.

Cultural Exhibits and Library Services

Minor Impact Utilities

Small Schools

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

2145 USES SUBJECT TO A MAJOR USE PERMIT.

The following use types are permitted by the RU Use Regulations upon issuance of a Major Use Permit.

a. Civic Use Types.

Administrative Services

Ambulance Services (see Section 6900)

Child Care Center

Civic, Fraternal or Religious Assembly

Clinic Services

Community Recreation

Group Care

Major Impact Services and Utilities

Parking Services

Postal Services

b. Extractive Use Types.

Site Preparation

(Amended by Ord. No. 5612 (N.S.) adopted 10-10-79)

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

2146 USES SUBJECT TO MAJOR USE PERMIT IN CERTAIN PLANNED DEVELOPMENTS.

The following use types are permitted by the RU Use Regulations if approved by a major use permit as part of a Planned Development which has the minimum site area required by Section 6610 and which is developed pursuant to the Planned Development Standards commencing at Section 6600.

a. Commercial Use Types.

Administrative and Professional Services

Agricultural and Horticultural Sales (all types)

Automotive and Equipment: Parking

Business Support Services

Convenience Sales and Personal Services

Eating and Drinking Establishments

Financial, Insurance and Real Estate Services

Food and Beverage Retail Sales

Medical Services

Participant Sports and Recreation (all types)

Personal Services, General

Retail Sales: General

Retail Sales: Specialty

Spectator Sports and Entertainment: Limited

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6187 (N.S.) adopted 11-18-81)

(Amended by Ord. No. 6543 (N.S.) adopted 3-2-83)

RMH# MOBILEHOME RESIDENTIAL USE REGULATIONS

(# - Number which denotes approximate dwelling units per acre.)

(Added by Ord. No. 5612 (N.S.) adopted 10-10-79)

2160 INTENT.

The provisions of Sections 2160 through 2168, inclusive, shall be known as the RMH Mobilehome Residential Use Regulations. These regulations are intended to create and preserve areas for Mobilehome Residential uses; and to avoid the economic and social dislocations, and reduction of housing stock resulting from conversion of mobilehome parks to other uses. Typically, these Use Regulations would be applied to rural, suburban, and urban areas where adequate levels of public services are available and where it is appropriate to create a permanent mobilehome residential area and maintain such area once developed. Various applications of the RMH Use Regulations with appropriate development or special area designators can create a low density, rural mobilehome environment, a traditional urban mobilehome park, or mobilehome subdivisions.

(Added by Ord. No. 5612 (N.S.) adopted 10-10-79)

2162 PERMITTED USES.

The following use types are permitted by the RMH Use Regulations:

a. Civic Use Types.

Essential Services

Fire Protection Services (see Section 6905)

b. Agricultural Use Types.

Horticulture: Cultivation

Tree Crops

Row and Field Crops

(Added by Ord. No. 5612 (N.S.) adopted 10-10-79)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

2163 PERMITTED USES SUBJECT TO LIMITATIONS.

The following use types are permitted by the RMH Use Regulations subject to the applicable provisions of Section2980. The number in quotes following the use type refers to the subsection of Section 2980 which applies.

a. Residential Use Types.

Mobilehome Residential "18"

b. Commercial Use Types.

Recycling Collection Facility, Small "2"

(Added by Ord. No. 5612 (N.S.) adopted 10-10-79)

(Amended by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

2164 USES SUBJECT TO MINOR USE PERMIT.

The following use types are permitted by the RMH Use Regulations upon issuance of a Minor Use Permit.

a. Civic Use Types.

Minor Impact Utilities

Small Schools

(Added by Ord. No. 5612 (N.S.) adopted 10-10-79)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

2165 USES SUBJECT TO MAJOR USE PERMIT.

The following use types are permitted by the RMH Use Regulations, upon issuance of a Major Use Permit.

a. Civic Use Types.

Administrative Services

Child Care Center

Civic, Fraternal or Religious Assembly

Clinic Services

Community Recreation

Cultural Exhibits and Library Services

Group Care

Major Impact Services and Utilities

Parking Services

Postal Services

b. Extractive Use Types.

Site Preparation

(Added by Ord. No. 5612 (N.S.) adopted 10-10-79)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

2166 USES SUBJECT TO MAJOR USE PERMIT IN CERTAIN PLANNED DEVELOPMENTS.

The following use types are permitted by the RMH Use Regulations if approved by a major use permit as part of a Planned Development

which has the minimum site area required by Section 6610 and which is developed pursuant to the Planned Development Standards commencing at Section 6600.

a. Commercial Use Types.

Administrative and Professional Services

Agricultural and Horticultural Sales (all types)

Automotive and Equipment: Parking

Business Support Services

Convenience Sales and Personal Services

Eating and Drinking Establishments

Financial, Insurance and Real Estate Services

Food and Beverage Retail Sales

Medical Services

Participant Sports and Recreation (all types)

Personal Services, General

Retail Sales: General

Retail Sales: Specialty

Spectator Sports and Entertainment: Limited

(Amended by Ord. No. 5612 (N.S.) adopted 10-10-79)

(Amended by Ord. No. 5787 (N.S.) adopted 6-4-80)

(Amended by Ord. No. 6187 (N.S.) adopted 11-18-81)

(Amended by Ord. No. 6543 (N.S.) adopted 3-2-83)

2168 SPECIAL PROVISIONS: RMH USE REGULATIONS.

The following are permitted by the RMH Use Regulations prior to establishment of mobilehome residential uses.

a. A Major Use Permit may be granted to authorize, for a specified period of time, any use not involving a significant investment in buildings, structures or other improvements. Alternatively, a Major Use Permit may be granted for any use pursuant to a bonded agreement in an amount sufficient to ensure the removal of all buildings, structures, and other improvements within a specified time and/or under specified conditions when the decision-making body finds that such agreement will carry out the intent of this Ordinance and is enforceable by the County.

b. An Administrative Permit may be granted by the Director to authorize alteration or expansion of existing structures, or erection of accessory structures, if such construction does not hinder the eventual development of the property for Mobilehome Residential uses.

(Added by Ord. No. 5612 (N.S.) adopted 10-10-79)

(Amended by Ord. No. 8506 (N.S.) adopted 3-1-95)

RR RURAL RESIDENTIAL USE REGULATIONS

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

2180 INTENT.

The provisions of Section 2180 through 2189, inclusive, shall be known as the RR Rural Residential Use Regulations. The RR Use Regulations are intended to create and enhance residential areas where agricultural use compatible with a dominant, permanent residential use is desired. Typically, the RR Use Regulations would be applied to rural or semi-rural areas where urban levels of service are not available and where large lots are desired. Various applications of the RR Use Regulations with appropriate development designators can create buffers between residential and agricultural uses, family or small farm areas, or large lot rural residential developments.

2182 PERMITTED USES.

The following use types are permitted by the RR Use Regulations:

a. Residential Use Types.

Family Residential

b. Civic Use Types.

Essential Services

Fire Protection Services (see Section 6905)

c. Agricultural Use Types.

Horticulture (all types)

Tree Crops

Row and Field Crops

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

2183 PERMITTED USES SUBJECT TO LIMITATIONS.

The following use types are permitted by the RR Use Regulations subject to the applicable provisions of Section2980. The number in quotes following the use type refers to the subsection of Section 2980 which applies.

a. Residential Use Types.

Mobilehome Residential "18"

b. Commercial Use Types.

Recycling Collection Facility, Small "2"

(Amended by Ord. No. 5612 (N.S.) adopted 10-10-79)

(Amended by Ord. No. 5652 (N.S.) adopted 11-21-79)

(Amended by Ord. No. 6268 (N.S.) adopted 4-14-82)

(Amended by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

2184 USES SUBJECT TO A MINOR USE PERMIT.

The following use types are allowed by the RR Use Regulations upon issuance of a Minor Use Permit.

a. Civic Use Types.

Minor Impact Utilities

Small Schools

b. Commercial Use Types.

Cottage Industries (see Section 6920)

c. Agricultural Use Types Farm Labor Camps

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6268 (N.S.) adopted 4-14-82)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

(Amended by Ord. No. 7790 (N.S.) adopted 8-01-90)

(Amended by Ord. No. 8271 (N.S.) adopted 6-30-93)

(Amended by Ord. No. 8698 (N.S.) adopted 7-17-96)

(Amended by Ord. No. 10003 (N.S.) adopted 8-5-09)

2185 USES SUBJECT TO A MAJOR USE PERMIT.

The following use types are permitted by the RR Use Regulations upon issuance of a Major Use Permit.

a. Residential Use Types.

Group Residential

b. Civic Use Types.

Administrative Services

Ambulance Services

Child Care Center

Civic, Fraternal or Religious Assembly

Clinic Services

Community Recreation

Cultural Exhibits and Library Services

Group Care

Law Enforcement Services

Major Impact Services and Utilities

Parking Services

Postal Services

c. Commercial Use Types.

Participant Sports and Recreation: Outdoor

Transient Habitation: Campground (see Section 6450)

Transient Habitation: Resort (see Section 6400)

Wholesaling, Storage and Distribution: Mini-Warehouses Warehouses (see Section 6300 and Section 6909)

d. Agricultural Use Types.

Packing and Processing: Limited

Packing and Processing: Winery

e. Extractive Use Types.

Mining and Processing (see Section 6550)

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 5612 (N.S.) adopted 10-10-79)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

(Amended by Ord. No. 6984 (N.S.) adopted 7-03-85)

(Amended by Ord. No. 8175 (N.S.) adopted 11-18-92)

(Amended by Ord. No. 9935 (N.S.) adopted 4-23-08)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

RRO RECREATION ORIENTED RESIDENTIAL USE REGULATIONS

2220 INTENT.

The provisions of Section 2220 through Section 2229, inclusive, shall be known as the RRO Recreation Oriented Residential Use Regulations. The RRO Use Regulations are intended to create and enhance areas where recreationally-oriented residential development is desired. Typically, the RRO Use Regulations would be applied to rural and suburban areas where outdoor recreational use is desired as an important supportive feature of residential development. Various applications of the RRO Use Regulations with appropriate development designators can create areas of exclusively single-family development surrounding a lake or golf course, or a mix of single and multi-family dwellings in association with equestrian, tennis, or other recreational facilities. Certain non- recreational commercial uses may be permitted within the zone as long as they support the dominant residential recreational character of the area.

2221 SITE PLAN REVIEW REQUIRED.

All development within the RRO Recreation Oriented Residential Use Regulations, except the construction of 4 or less single-family dwellings or 2 or less two-family dwellings, shall require site plan review in accordance with the Site Plan Review Procedure commencing at Section 7150 and the following guidelines.

a. Content of the Site Plan. A site plan required by this section shall contain such maps, plans, drawings, and sketches as are necessary to show:

1. The location, size, height, use, general exterior design, and entrances and exits of all proposed buildings and structures, and their relationship to existing buildings and structures located on the development site.

2. The location, size and use of all existing and proposed recreation facilities.

3. The internal circulation plan of the development site, including the location, size and capacity of all roads and driveways, parking areas, pedestrian walkways, and bicycle paths, and the relationship of this plan to the existing circulation pattern of the area surrounding the development site.

4. The location, size and type of all existing vegetation and all proposed landscaping.

   b. Relationship to Subdivision Ordinance.

Any Tentative Map or Tentative Parcel Map which is required by the Subdivision Ordinance shall be used to the maximum extent possible in satisfying the requirements of subsection "a" of this section.

c. Standards and Criteria.

The following standards and criteria shall be followed by the Director in his review and evaluation of a site plan required by this section.

1. The placement and siting of the existing and proposed buildings, structures, and recreation facilities, with respect to their uses and activities, shall functionally relate to each other and mutually support a residential recreation character.

2. The internal circulation plan shall provide adequate and convenient access to all buildings, structures, and recreation facilities located on the development site and shall give priority to pedestrian walkways and bicycle paths.

3. The internal circulation plan shall conform to and, where possible, strengthen the existing circulation pattern of the area surrounding the development site.

4. The proposed landscaping should be compatible with existing landscaping and should take into consideration the appropriateness of selected plant materials to the area. Landscaping and planting should be used to the maximum extent practical to screen unsightly parking, storage and utility areas. Landscaping and plantings should not obstruct significant views, either when installed or when they reach mature growth.

2222 PERMITTED USES.

The following use types are permitted by the RRO Use Regulations:

a. Residential Use Types.

Family Residential

b. Civic Use Types.

Essential Services

Fire Protection Services (see Section 6905)

c. Agricultural Use Types.

Horticulture: Cultivation

Tree Crops

Row and Field Crops

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

2223 PERMITTED USES SUBJECT TO LIMITATIONS.

The following use types are permitted by the RRO Use Regulations subject to the applicable provisions of Section2980. The number in quotes following the use type refers to the subsection of Section 2980 which applies.

a. Residential Use Types.

Mobilehome Residential "18"

b. Commercial Use Types.

Recycling Collection Facility, Small "2"

(Added by Ord. No. 5612 (N.S.) adopted 10-10-79)

(Amended by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

2224 USES SUBJECT TO A MINOR USE PERMIT.

The following use types are permitted by the RRO Use Regulations upon issuance of a Minor Use Permit.

a. Civic Use Types.

Minor Impact Utilities

Small Schools

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

2225 USES SUBJECT TO A MAJOR USE PERMIT.

The following use types are permitted by the RRO Use Regulations upon issuance of a Major Use Permit.

a. Residential Use Types.

Group Residential

b. Civic Use Types.

Administrative Services

Ambulance Services

Child Care Center

Civic, Fraternal or Religious Assembly

Clinic Services

Community Recreation

Cultural Exhibits and Library Services

Major Impact Services and Utilities

Parking Services

Postal Services

c. Commercial Use Types.

Convenience Sales and Personal Services

Eating and Drinking Establishments

Food and Beverage Retail Sales

Participant Sports and Recreation: Outdoor

Transient Habitation: Campground (see Section 6450)

Transient Habitation: Resort (see Section 6400)

d. Agricultural Use Types.

Packing and Processing: Limited

Packing and Processing: Winery

e. Extractive Use Types.

Site Preparation

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 5612 (N.S.) adopted 10-10-79)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

2226 USES SUBJECT TO MAJOR USE PERMIT IN CERTAIN PLANNED DEVELOPMENTS.

The following use types are permitted in the RRO Use Regulations if approved by a major use permit as part of a Planned Development which has the minimum site area required by Section 6610 and which is developed pursuant to the Planned Development Standards commencing at Section 6600.

a. Commercial Use Types.

Administrative and Professional Services

Agricultural and Horticultural Sales (all types)

Animal Sales and Services: Veterinary (Small Animals)

Automotive and Equipment: Parking

Business Support Services

Financial, Insurance and Real Estate Services

Medical Services

Participant Sports and Recreation: Indoor

Personal Services, General

Retail Sales: General

Retail Sales: Specialty

Spectator Sports and Entertainment: Limited

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 5787 (N.S.) adopted 6-4-80)

(Amended by Ord. No. 6187 (N.S.) adopted 11-18-81)

(Amended by Ord. No. 6543 (N.S.) adopted 3-2-83)

RC RESIDENTIAL/COMMERCIAL USE REGULATIONS

2260 INTENT.

The provisions of Section 2260 through Section 2269, inclusive, shall be known as the RC Residential/Commercial Use Regulations. The RC Use Regulations are intended to create and enhance neighborhoods where a mixture of residential, professional, and convenience commercial uses is desired. Typically, the RC Use Regulations would be one in which a few specific types of convenience commercial services would be permitted in a residential area.

Commercial uses would be subordinate to the dominant residential character of the area and would be designed principally with a pedestrian orientation. Various applications of the RC Use Regulations with appropriate development designators could create single-family areas where professional and commercial uses are conducted on the ground floor with residential units in upper stories, or area where commercial uses would be conducted in separate structures built at the same scale as adjacent residential structures.

2262 PERMITTED USES.

The following use types are permitted by the RC Use Regulations:

a. Residential Use Types.

Family Residential

Group Residential

b. Civic Use Types.

Child Care Center

Civic, Fraternal or Religious Assembly

Clinic Services

Cultural Exhibits and Library Services

Essential Services

Fire Protection Services (see Section 6905)

Group Care

Small Schools

c. Agricultural Use Types.

Horticulture: Cultivation

Tree Crops

Row and Field Crops

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

2263 PERMITTED USES SUBJECT TO LIMITATIONS.

The following use types are permitted by the RC Use Regulations subject to the applicable provisions of Section2980. The number in quotes following the use type refers to the subsection of Section 2980 which applies.

a. Residential Use Types.

Mobilehome Residential "18"

Low Barrier Navigation Center “25”

b. Commercial Use Types.

Administrative and Professional Services "4"

Financial, Insurance and Real Estate Services "11"

Medical Services "4"

Recycling Collection Facility, Small "2"

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 5612 (N.S.) adopted 10-10-79)

(Amended by Ord. No. 6268 (N.S.) adopted 4-14-82)

(Amended by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

(Amended by Ord. No. 10858 (N.S.) adopted 7-19-23)

2264 USES SUBJECT TO A MINOR USE PERMIT.

The following use types are permitted by the RC Use Regulations upon issuance of a Minor Use Permit.

a. Civic Use Types.

Minor Impact Utilities

b. Commercial Use Types.

Agricultural and Horticultural Sales (all types)

Animal Sales and Services: Grooming

Convenience Sales and Personal Services

Eating and Drinking Establishments

Food and Beverage Retail Sales

Retail Sales: General

Retail Sales: Specialty

Transient Habitation: Lodging

c. Industrial Use Types.

Custom Manufacturing (see Section 6300)

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6187 (N.S.) adopted 11-18-81)

(Amended by Ord. No. 6543 (N.S.) adopted 3-2-83)

2265 USES SUBJECT TO A MAJOR USE PERMIT.

The following use types are permitted by the RC Use Regulations upon issuance of a Major Use Permit.

a. Civic Use Types.

Administrative Services

Ambulance Services

Community Recreation

Major Impact Services and Utilities

Parking Services

Postal Services

b. Commercial Use Types.

Wholesaling, Storage and Distribution: Mini-Warehouses Warehouses (see Section 6300 and Section 6909)

c. Agricultural Use Types.

Packing and Processing: Winery

d. Extractive Use Types.

Site Preparation

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 5612 (N.S.) adopted 10-10-79)

(Amended by Ord. No. 6984 (N.S.) adopted 7-03-85)

(Amended by Ord. No. 9935 (N.S.) adopted 4-23-08)

2266 USES SUBJECT TO MAJOR USE PERMIT IN CERTAIN PLANNED DEVELOPMENTS.

The following use types are permitted by the RC Use Regulations if approved by a major use permit as part of a Planned Development which has the minimum site area required by Section 6610 and which is developed pursuant to the Planned Development Standards commencing at Section 6600.

a. Commercial Use Types.

Animal Sales and Services: Veterinary (Small Animals)

Automotive and Equipment: Parking

Business Support Services

Communications Services

Gasoline Sales

Participant Sports and Recreation (all types)

Personal Services, General

Spectator Sports and Entertainment: Limited

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 5787 (N.S.) adopted 6-4-80)

COMMERCIAL USE REGULATIONS

C30 OFFICE-PROFESSIONAL USE REGULATIONS

2300 INTENT.

The provisions of Section 2300 through Section 2309, inclusive, shall be known as the C30 Office-Professional Use Regulations. The C30 Use Regulations are intended to create and enhance areas where administrative, office and professional services are the principal and dominant use. It is also intended that uses involving high volumes of vehicular traffic be excluded from the C30 Use Regulations. Typically, the C30 Use Regulations would be applied near residential areas, have a scale and appearance compatible with and complementary to the adjacent residential use, and have pedestrian as well as vehicular access.

(Amended by Ord. No. 5786 (N.S.) adopted 6-4-80)

2302 PERMITTED USES.

The following use types are permitted by the C30 Use Regulations:

a. Civic Use Types.

Administrative Services

Ambulance Services

Child Care Center

Clinic Services

Cultural Exhibits and Library Services

Essential Services

Fire Protection Services (see Section 6905)

Law Enforcement Services

Parking Services

Small Schools

b. Commercial Use Types.

Administrative and Professional Services

Business Support Services

Financial, Insurance and Real Estate Services

Medical Services

Personal Services: General

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

(Amended by Ord. No. 8175 (N.S.) adopted 11-18-92)

2303 PERMITTED USES SUBJECT TO LIMITATIONS.

The following use types are permitted by the C30 Use Regulations subject to the applicable provisions of Section2980. The number in quotes following the use type refers to the subsection of Section 2980 which applies.

a. Commercial Use Types.

Convenience Sales and Personal Services "10"

Eating and Drinking Establishments "10"

Food and Beverage Retail Sales "10"

Recycling Collection Facility, Small or Large "2"

Recycling Processing Facility, Light or Heavy "3"

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

2304 USES SUBJECT TO A MINOR USE PERMIT.

The following use types are permitted by the C30 Use Regulations upon issuance of a Minor Use Permit.

a. Civic Use Types.

Minor Impact Utilities

b. Commercial Use Types.

Automotive and Equipment: Parking

Communications Services

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

2305 USES SUBJECT TO A MAJOR USE PERMIT.

The following use types are permitted by the C30 Use Regulations upon issuance of a Major Use Permit.

a. Civic Use Types.

Civic, Fraternal or Religious Assembly

Community Recreation

Major Impact Services and Utilities

Postal Services

b. Commercial Use Types.

Research Services

Funeral and Interment Services: Undertaking

c. Extractive Use Types.

Site Preparation

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

C31 RESIDENTIAL-OFFICE-PROFESSIONAL USE REGULATIONS

2310 INTENT.

The provisions of Section 2310 through Section 2319, inclusive, shall be known as the C31 Residential-Office-Professional Use Regulations. The C31 Use Regulations are intended to create and enhance areas where administrative, office, and professional services are the principal and dominant use. It is also intended that uses involving high volumes of vehicular traffic be excluded from the C31 Use Regulations. Typically, the C31 Use Regulations would be applied near residential areas, have a scale and appearance compatible with and complementary to the adjacent residential use, and have pedestrian as well as vehicular access. When considered desirable, residential uses may be permitted.

(Amended by Ord. No. 5786 (N.S.) adopted 6-4-80)

2312 PERMITTED USES.

The following use types are permitted by the C31 Use Regulations:

a. Residential Use Types.

Family Residential

Group Residential

b. Civic Use Types.

Administrative Services

Ambulance Services

Child Care Center

Clinic Services

Cultural Exhibits and Library Services

Essential Services

Fire Protection Services (see Section 6905)

Group Care

Parking Services

Small Schools

c. Commercial Use Types.

Administrative and Professional Services

Business Support Services

Financial, Insurance and Real Estate Services

Medical Services

Personal Services: General

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

2313 PERMITTED USES SUBJECT TO LIMITATIONS.

The following use types are permitted by the C31 Use Regulations subject to the applicable provisions of Section2980. The number in quotes following the use type refers to the subsection of Section 2980 which applies.

a. Commercial Use Types.

Convenience Sales and Personal Services "10"

Eating and Drinking Establishments "10"

Food and Beverage Retail Sales "10"

Recycling Collection Facility, Small or Large "2"

Recycling Processing Facility, Light or Heavy "3"

b. Residential Use Types

Low Barrier Navigation Center “25”

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

(Amended by Ord. No. 10858 (N.S.) adopted 7-19-23)

2314 USES SUBJECT TO A MINOR USE PERMIT.

The following use types are permitted by the C31 Use Regulations upon issuance of a Minor Use Permit.

a. Civic Use Types.

Minor Impact Utilities

b. Commercial Use Types.

Automotive and Equipment: Parking

Communications Services

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

2315 USES SUBJECT TO A MAJOR USE PERMIT.

The following use types are permitted by the C31 Use Regulations upon issuance of a Major Use Permit.

a. Civic Use Types.

Civic, Fraternal or Religious Assembly

Community Recreation

Law Enforcement Services

Major Impact Services and Utilities

Postal Services

b. Commercial Use Types.

Funeral and Internment Services: Undertaking

Research Services

c. Extractive Use Types.

Site Preparation

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 8175 (N.S.) adopted 11-18-92)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

C32 CONVENIENCE COMMERCIAL USE REGULATIONS

2320 INTENT.

The provisions of Section 2320 through Section 2329, inclusive, shall be known as the C32 Convenience Commercial Use Regulations. The C32 Use Regulations are intended to create and enhance areas where a limited number of retail commercial goods and services are desired to meet day-to-day needs of local residents. Typically, the C32 Use Regulations would be applied within walking or short driving distance of a residential area, would be designed to serve only a limited local market, and would permit only those uses which do not create in the adjacent residential area increased traffic, noise or other such impacts considered incompatible with the residential use. Various applications of the C32 Use Regulations with appropriate development designators can create shopping areas which serve low-density neighborhoods, more urbanized, high-density residential or transient use areas.

2322 PERMITTED USES.

The following use types are permitted by the C32 Use Regulations:

a. Civic Use Types.

Child Care Center

Essential Services

Fire Protection Services (see Section 6905)

Law Enforcement Services

Small Schools

b. Commercial Use Types.

Convenience Sales and Personal Services

Eating and Drinking Establishments

Food and Beverage Retail Sales

Personal Services, General

c. Agricultural Use Types.

Horticulture: Cultivation

Tree Crops

Row and Field Crops

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

(Amended by Ord. No. 8175 (N.S.) adopted 11-18-92)

(Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

2323 PERMITTED USES SUBJECT TO LIMITATIONS.

The following use types are permitted by the C32 Use Regulations subject to the applicable provisions of Section2980. The number in quotes following the use type refers to the subsection of Section 2980 which applies.

a. Residential Use Types.

Family Residential "1"

Low Barrier Navigation Center “25”

b. Commercial Use Types.

Recycling Collection Facility, Small or Large "2"

Recycling Processing Facility, Light or Heavy "3"

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

(Amended by Ord. No. 10858 (N.S.) adopted 7-19-23)

2324 USES SUBJECT TO A MINOR USE PERMIT.

The following use types are permitted by the C32 Use Regulations upon issuance of a Minor Use Permit.

a. Civic Use Types.

Minor Impact Utilities

b. Commercial Use Types.

Automotive and Equipment: Parking

Participant Sports and Recreation: Indoor

c. Industrial Use Types.

Custom Manufacturing (see Section 6300)

d. Agricultural Use Types.

Horticulture: Storage

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 7843 (N.S.) adopted 12-19-90

2325 USES SUBJECT TO A MAJOR USE PERMIT.

The following use types are permitted by the C32 Use Regulations upon issuance of a Major Use Permit.

a. Civic Use Types.

Administrative Services

Ambulance Services

Civic, Fraternal or Religious Assembly

Clinic Services

Community Recreation

Cultural Exhibits and Library Services

Major Impact Services and Utilities

Parking Services

Postal Services

b. Commercial Use Types.

Gasoline Sales

c. Extractive Use Types.

Site Preparation

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

C34 GENERAL COMMERCIAL/RESIDENTIAL USE REGULATIONS

2340 INTENT.

The provisions of Section 2340 through 2349, inclusive, shall be known as the C34 General Commercial/Residential Use Regulations. The C34 Use Regulations are intended to create and enhance areas where a mixture of commercial uses and residential uses is desired. Typically, the C34 Use Regulations would be applied in areas where multi-family dwellings in combination with commercial uses are desired. Various applications of the C34 Use Regulations with appropriate development designators can create areas where a single structure may serve a principal commercial function and a secondary residential use, or where a separate residential or a commercial structure is appropriate.

2341 SITE PLAN REVIEW REQUIRED.

All development within the C34 General Commercial/Residential Use Regulations, except developments containing only residential or civic uses, shall require site plan review in accordance with the Site Plan Review Procedure commencing at Section 7150 and the following guidelines.

a. Content of the Site Plan. A site plan required by this section shall contain such maps, plans, drawings and sketches as are necessary to show:

1. The location, use and entrances and exits of all proposed buildings and structures and their relationship to existing buildings and structures located on and in the immediate vicinity of the development site.

2. The internal circulation of the development site, including the location, size, and capacity of all roads and driveways, parking areas, pedestrian walkways, and bicycle paths, and the relationship of this plan to the existing circulation pattern of the area surrounding the development site. 3. The location, size and type of all existing vegetation and all proposed landscaping. b. Relationship to Subdivision Ordinance. Any tentative map or tentative parcel map which is required by the Subdivision Ordinance shall be used to the maximum extent possible in satisfying the requirements of subsection "a" of this section. c. Standards and Criteria. The following standards and criteria shall be followed by the Director in his review and evaluation of a site plan required by this section.

   1. Proposed uses, including uses within a mixed residential/commercial development, shall be functionally and visually compatible with one another and with other uses, buildings and structures in the immediate vicinity.

   2. The internal circulation plan shall provide adequate and convenient access to the variety of uses contained within the development site. Common access serving more than one use or facility shall be provided whenever possible and in a manner which prevents mutual interference.

   3. The internal circulation plan shall conform to and, where possible, strengthen the existing circulation pattern of the area surrounding the development site.

   4. The proposed landscaping should be compatible with existing landscaping and should take into consideration the appropriateness of selected plant materials to the area. Landscaping and plantings should be used to the maximum extent practical to screen unsightly parking, storage and utility areas. Landscaping and plantings should not obstruct significant views, either when installed or when they reach mature growth.

   d. Exemption for Signs. A site plan shall not be required for addition of new signs or modification of existing signs, provided the site is

   not subject to an approved site plan that designates sign location and that all such signs comply with all other pertinent requirements of

this ordinance. This exemption shall not apply to any site subject to the Community Design Review, Historic Landmark, Historic District, or Design Review Special Area Regulations.

(Amended by Ord. 8105 (N.S.) adopted 7-15-92) 2342

PERMITTED USES.

The following use types are permitted by the C34 Use Regulations:

a. Residential Use Types.

Family Residential

Group Residential

b. Civic Use Types.

Administrative Services

Ambulance Services

Child Care Center

Civic, Fraternal or Religious Assembly

Clinic Services

Community Recreation

Cultural Exhibits and Library Services

Essential Services

Fire Protection Services (see Section 6905)

Group Care

Law Enforcement Services

Parking Services

Postal Services

Small Schools

c. Commercial Use Types.

Administrative and Professional Services

Agricultural and Horticultural Sales (all types)

Animal Sales and Services: Grooming

Automotive and Equipment: Parking

Automotive and Equipment: Sales/Rentals, Light Equipment (see Section 6800)

Business Support Services

Communications Services

Convenience Sales and Personal Services

Eating and Drinking Establishments

Financial, Insurance and Real Estate Services

Food and Beverage Retail Sales

Medical Services

Personal Services, General

Repair Services, Consumer

Retail Sales: General

Retail Sales: Specialty

Transient Habitation: Lodging

d. Industrial Use Types.

Custom Manufacturing (see Section 6300)

e. Agricultural Use Types.

Horticulture (all types)

Tree Crops

Row and Field Crops

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6187 (N.S.) adopted 11-18-81)

(Amended by Ord. No. 6543 (N.S.) adopted 3-2-83)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

(Amended by Ord. No. 8175 (N.S.) adopted 11-18-92)

(Amended by Ord. No. 9935 (N.S.) adopted 4-23-08)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

2343 PERMITTED USES SUBJECT TO LIMITATIONS.

The following use types are permitted by the C34 Use Regulations subject to the applicable provisions of Section2980. The number in quotes following the use type refers to the subsection of Section 2980 which applies.

a. Commercial Use Types.

Business Equipment Sales and Services "7"

Construction Sales and Services "8" (see Section 6300)

Gasoline Sales "12"

Laundry Services "13"

Recycling Collection Facility, Small or Large "2"

Recycling Processing Facility, Light or Heavy "3"

b. Residential Use Types

Low Barrier Navigation Center “25”

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

(Amended by Ord. No. 10858 (N.S.) adopted 7-19-23)

2344 USES SUBJECT TO A MINOR USE PERMIT.

The following use types are permitted by the C34 Use Regulations upon issuance of a Minor Use Permit:

a. Civic Use Types.

Minor Impact Utilities

b. Commercial Use Types.

Automotive and Equipment: Sales/Rental, Farm Equipment

Participant Sports and Recreation: Indoor

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

2345 USES SUBJECT TO A MAJOR USE PERMIT.

The following use types are permitted by the C34 Use Regulations upon issuance of a Major Use Permit.

a. Civic Use Types.

Major Impact Services and Utilities

b. Commercial Use Types.

Animal Sales and Services: Veterinary (Small Animals)

Automotive and Equipment: Storage, Recreational Vehicles and Boats

Funeral and Interment Services (All Types)

Research Services

Spectator Sports and Entertainment (All Types)

Transient Habitation: Campground (see Section 6450)

c. Extractive Use Types.

Site Preparation

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79

C35 GENERAL COMMERCIAL/LIMITED RESIDENTIAL USE REGULATIONS

2350 INTENT.

The provisions of Section 2350 through 2355, inclusive, shall be known as the C35 General Commercial/Limited Residential Use Regulations. The C35 Use Regulations are intended to create and enhance areas where a mixture of commercial uses and residential uses is desired. Typically, the C35 Use Regulations would be applied in areas where multi-family dwellings in combination with commercial uses are desired. Various applications of the C35 Use Regulations with appropriate development designators can create areas where a single structure may serve a principal commercial function and a secondary residential use, or where a separate residential or a commercial structure is appropriate.

(Added by Ord. No. 5809 (N.S.) adopted 6-18-80, operative 9-1-80)

2352 PERMITTED USES.

The following use types are permitted by the C35 Use Regulations:

a. Civic Use Types.

Administrative Services

Ambulance Services

Child Care Center

Civic, Fraternal or Religious Assembly

Clinic Services

Community Recreation

Cultural Exhibits and Library Services

Essential Services

Fire Protection Services (see Section 6905)

Group Care

Law Enforcement Services

Parking Services

Postal Services

Small Schools

b. Commercial Use Types.

Administrative and Professional Services

Agricultural and Horticultural Sales (all types)

Animal Sales and Services: Grooming

Automotive and Equipment: Parking

Automotive and Equipment: Sales/Rentals, Light Equipment (see Section 6800)

Business Support Services

Convenience Sales and Personal Services

Communications Services

Eating and Drinking Establishments

Financial, Insurance and Real Estate Services

Food and Beverage Retail Sales

Medical Services

Personal Services, General

Repair Services: Consumer

Retail Sales, General

Retail Sales: Specialty

Transient Habitation: Lodging

c. Industrial Use Types.

Custom Manufacturing (see Section 6300)

d. Agricultural Use Types.

Horticulture (all types)

Tree Crops

Row and Field Crops

(Added by Ord. No. 5809 (N.S.) adopted 6-18-80, operative 9-1-80)

(Amended by Ord. No. 6187 (N.S.) adopted 11-18-81)

(Amended by Ord. No. 6543 (N.S.) adopted 3-2-83)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

(Amended by Ord. No. 7306 (N.S.) adopted 5-20-87)

(Amended by Ord. No. 8175 (N.S.) adopted 11-18-92)

(Amended by Ord. No. 9935 (N.S.) adopted 4-23-08)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

2353 PERMITTED USES SUBJECT TO LIMITATIONS.

The following use types are permitted by the C35 Use Regulations subject to the applicable provisions of Section2980. The number in quotes following the use type refers to the subsection of Section 2980 which applies.

a. Commercial Use Types.

Business Equipment Sales and Services "7"

Cannabis Facilities: Retail and Consumption Lounges "26" (see Section 6995)

Cannabis Facilities: Microbusiness "26" (see Section 6995)

Construction Sales and Services "8"

Gasoline Sales "12"

Laundry Services "13"

Recycling Collection Facility, Small or Large "2"

Recycling Processing Facility, Light or Heavy "3"

b. Residential Use Types

Low Barrier Navigation Center “25”

(Added by Ord. No. 5809 (N.S.) adopted 6-18-80, operative 9-1-80)

(Amended by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

(Amended by Ord. No. 10858 (N.S.) adopted 7-19-23)

(Amended by Ord. No. 11015 (N.S.) adopted 8-19-26)

2354 USES SUBJECT TO A MINOR USE PERMIT.

The following use types are permitted by the C35 Use Regulations upon issuance of a Minor Use Permit:

a. Civic Use Types.

Minor Impact Utilities

b. Commercial Use Types.

Automotive and Equipment: Sales/Rentals, Farm Equipment

Participant Sports and Recreation: Indoor

(Added by Ord. No. 5809 (N.S.) adopted 6-18-80, operative 9-1-80)

2355 USES SUBJECT TO A MAJOR USE PERMIT.

The following use types are permitted by the C35 Use Regulations upon issuance of a Major Use

Permit.

a. Residential Use Types.

Family Residential

b. Civic Use Types.

Major Impact Services and Utilities

c. Commercial Use Types.

Animal Sales and Services: Veterinary (Small Animals)

Automotive and Equipment: Storage, Recreational Vehicles and Boats

Funeral and Interment Services (all types)

Research Services

Spectator Sports and Entertainment (all types)

Transient Habitation: Campground (see Section 6450)

d. Extractive Use Types.

Site Preparation

(Added by Ord. No. 5809 (N.S.) adopted 6-18-80, operative 9-1-80)

C36 GENERAL COMMERCIAL USE REGULATIONS

2360 INTENT.

The provisions of Section 2360 through Section 2369, inclusive, shall be known as the C36 General Commercial Use Regulations. The C36 Use Regulations are intended to create and enhance commercial areas where a wide range of retail goods and services are permitted. Typically, the C36 Use Regulations would be applied where central area commercial facilities were desired in association with administrative and office uses. Various applications of the C36 Use Regulations with appropriate development designators can create community or regional shopping complexes, central business districts, or small but highly diverse commercial developments.

2362 PERMITTED USES.

The following use types are permitted by the C36 Use Regulations:

a. Civic Use Types.

Administrative Services

Ambulance Services Child

Care Center

Civic, Fraternal or Religious Assembly

Clinic Services

Community Recreation

Cultural Exhibits and Library Services

Essential Services

Fire Protection Services (see Section 6905)

Law Enforcement Services

Minor Impact Utilities

Parking Services

Postal Services

Small Schools

b. Commercial Use Types.

Administrative and Professional Services

Agricultural and Horticultural Sales (all types)

Animal Sales and Services: Grooming

Animal Sales and Services: Veterinary (Small Animals)

Automotive and Equipment: Parking

Automotive and Equipment: Repairs, Light Equipment

Automotive and Equipment: Sales/Rentals, Farm Equipment

Automotive and Equipment: Sales/Rentals, Light Equipment

Business Support Services

Communications Services

Convenience Sales and Personal Services

Eating and Drinking Establishments

Financial, Insurance and Real Estate Services

Food and Beverage Retail Sales

Funeral and Interment Services: Undertaking

Medical Services

Participant Sports and Recreation: Indoor

Personal Services, General

Repair Services: Consumer

Retail Sales: General

Retail Sales: Specialty

Spectator Sports and Entertainment: Limited

Transient Habitation: Lodging

c. Industrial Use Types.

Custom Manufacturing (see Section 6300)

d. Agricultural Use Types.

Horticulture (all types)

Tree Crops

Row and Field Crops

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6187 (N.S.) adopted 11-18-81)

(Amended by Ord. No. 6543 (N.S.) adopted 3-2-83)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

(Amended by Ord. No. 8175 (N.S.) adopted 11-18-92)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

2363 PERMITTED USES SUBJECT TO LIMITATIONS.

The following use types are permitted by the C36 Use Regulations subject to the applicable provisions of Section2980. The number in quotes following the use type refers to the subsection of Section 2980 which applies.

a. Residential Use Types.

Family Residential "1"

Low Barrier Navigation Center “25”

b. Commercial Use Types.

Agricultural Services "9"

Automotive and Equipment: Repairs, Heavy Equipment "8"

Business Equipment Sales and Services "7"

Cannabis Facilities: Retail and Consumption Lounges "26" (see Section 6995)

Cannabis Facilities: Microbusiness "26" (see Section 6995)

Construction Sales and Services "8" (see Section 6300)

Gasoline Sales "12"

Laundry Services "13"

Recycling Collection Facility, Small or Large "2"

Recycling Processing Facility, Light or Heavy "3"

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 5840 (N.S.) adopted 7-30-80)

(Amended by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Amended by Ord. No. 7649 (N.S.) adopted 7-17-89)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

(Amended by Ord. No. 9469 (N.S.) adopted 6-12-02)

(Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

(Amended by Ord. No. 10858 (N.S.) adopted 7-19-23)

(Amended by Ord. No. 11015 (N.S.) adopted 8-19-26)

2365 USES SUBJECT TO A MAJOR USE PERMIT.

The following use types are permitted by the C36 Use Regulations upon issuance of a Major Use Permit.

a. Residential Use Types.

Group Residential

b. Civic Use Types.

Major Impact Services and Utilities

c. Commercial Use Types.

Automotive and Equipment: Cleaning

Automotive and Equipment: Storage, Recreational Vehicles and Boats

Funeral and Interment Services: Cremating

Funeral and Interment Services: Interring

Research Services

Spectator Sports and Entertainment: General

Transient Habitation: Campground (see Section 6450)

Wholesaling, Storage and Distribution: Mini-Warehouses (see Section 6300 and Section 6909)

Wholesaling, Storage and Distribution: Light (see Section 6300)

d. Extractive Use Types.

Site Preparation

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 5786 (N.S.) adopted 6-4-80)

(Amended by Ord. No. 9935 (N.S.) adopted 4-23-08)

C37 HEAVY COMMERCIAL USE REGULATIONS

2370 INTENT.

The provisions of Section 2370 through Section 2379, inclusive, shall be known as the C37 Heavy Commercial Use Regulations. The C37 Use Regulations are intended to, as closely as possible, duplicate the old C2 Zone.

2372 PERMITTED USES.

The following use types are permitted by the C37 Use Regulations:

a. Civic Use Types.

Administrative Services

Ambulance Services

Child Care Center

Civic, Fraternal or Religious Assembly

Clinic Services

Community Recreation

Cultural Exhibits and Library Services

Essential Services

Fire Protection Services (see Section 6905)

Group Care

Law Enforcement Services

Minor Impact Utilities

Parking Services

Postal Services Small Schools

b. Commercial Use Types.

Administrative and Professional Services

Agricultural and Horticultural Sales (all types)

Agricultural Services

Animal Sales and Services: Grooming

Animal Sales and Services: Veterinary (Small Animals)

Automotive and Equipment: Cleaning

Automotive and Equipment: Fleet Storage

Automotive and Equipment: Parking

Automotive and Equipment: Repairs, Heavy Equipment

Automotive and Equipment: Repairs, Light Equipment

Automotive and Equipment: Sales/Rentals, Farm Equipment

Automotive and Equipment: Sales/Rentals, Heavy Equipment

Automotive and Equipment: Sales/Rentals, Light Equipment

Automotive and Equipment: Storage, Recreational Vehicles and Boats

Building Maintenance Services

Business Equipment, Sales and Service

Business Support Services

Communication Services

Construction Sales and Services (see Section 6300)

Convenience Sales and Personal Services

Eating and Drinking Establishments

Financial, Insurance and Real Estate Services

Food and Beverage, Retail Sales

Funeral and Interment Services: Undertaking

Gasoline Sales

Laundry Services

Medical Services

Participant Sports and Recreation: Indoor

Personal Services, General

Repair Services, Consumer

Research Services

Retail Sales: General

Retail Sales: Specialty

Spectator Sports and Entertainment (all types)

Transient Habitation: Lodging

Wholesaling, Storage and Distribution: Mini-Warehouses (see Section 6300 and Section 6909)

c. Industrial Use Types.

Custom Manufacturing (see Sections 1610 and 6300 for standards)

d. Agricultural Use Types.

Horticulture (All Types)

Tree Crops

Row and Field Crops

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 5786 (N.S.) adopted 6-4-80)

(Amended by Ord. No. 6187 (N.S.) adopted 11-18-81)

(Amended by Ord. No. 6543 (N.S.) adopted 3-2-83)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

(Amended by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Amended by Ord. No. 7220 (N.S.) adopted 10-22-86)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

(Amended by Ord. No. 8175 (N.S.) adopted 11-18-92)

(Amended by Ord No. 9569 (N.S.) adopted 7-9-03)

(Amended by Ord. No. 9935 (N.S.) adopted 4-23-08)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

2373 PERMITTED USES SUBJECT TO LIMITATIONS.

The following use types are permitted by the C37 Use Regulations subject to the applicable provisions of Section2980. The number in quotes following the use type refers to the subsection of Section 2980 which applies.

a. Residential Use Types.

Family Residential "1"

Low Barrier Navigation Center “25”

b. Commercial Use Types.

Cannabis Facilities: Retail and Consumption Lounges "26" (see Section 6995)

Cannabis Facilities: Microbusiness "26" (see Section 6995)

Recycling Collection Facility, Small or Large "2"

Recycling Processing Facility, Light or Heavy "3"

Recycling Processing Facility, Wood and Green Materials “15”

Wholesaling, Storage and Distribution: Light "8"

c. Industrial Use Types. General Industrial "15"

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 5840 (N.S.) adopted 7-30-80)

(Amended by Ord. No. 7220 (N.S.) adopted 10-22-86)

(Amended by Ord. No. 7649 (N.S.) adopted 7-17-89)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

(Amended by Ord. No. 9469 (N.S.) adopted 6-12-02)

(Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

(Amended by Ord. No. 10858 (N.S.) adopted 7-19-23)

(Amended by Ord. No. 11015 (N.S.) adopted 8-19-26)

2375 USES SUBJECT TO A MAJOR USE PERMIT.

The following use types are permitted by the C37 Use Regulations upon issuance of a Major Use Permit.

a. Residential Use Types.

Group Residential

b. Civic Use Types.

Major Impact Services and Utilities

c. Commercial Use Types.

Automotive and Equipment: Storage, Non-operating Vehicles

Funeral and Interment Services: Cremating

Funeral and Interment Services: Interring

Swap Meets

Transient Habitation: Campground (see Section 6450)

Wholesaling, Storage and Distribution: Heavy (see Section 6300)

d. Extractive Use Types.

Mining and Processing (see Section 6550)

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 5935 (N.S.) adopted 11-19-80)

C38 SERVICE COMMERCIAL USE REGULATIONS

2380 INTENT.

The provisions of Section 2380 through Section 2389, inclusive, shall be known as the C38 Service Commercial Use Regulations. The C38 Use Regulations are intended to create and enhance areas where certain heavier commercial or light industrial uses with large acreage requirements, may locate. Typically, the C38 Use Regulations would be applied to the periphery of retail commercial areas from which such uses could supply goods and services to the retail commercial zones. Various applications of the C38 Use Regulations with appropriate development designators can create wholesaling or warehousing areas.

2382 PERMITTED USES.

The following use types are permitted by the C38 Use Regulations:

a. Civic Use Types.

Administrative Services

Ambulance Services

Child Care Center

Community Recreation

Cultural Exhibits and Library Services

Essential Services

Fire Protection Services (see Section 6905)

Law Enforcement Services

Minor Impact Utilities

Parking Services

Postal Services

Small Schools

b. Commercial Use Types.

Administrative and Professional Services

Agricultural and Horticultural Sales (all types)

Agricultural Services

Animal Sales and Services: Veterinary (Large Animals)

Animal Sales and Services: Veterinary (Small Animals)

Automotive and Equipment: Cleaning

Automotive and Equipment: Fleet Storage

Automotive and Equipment: Parking

Automotive and Equipment: Repairs, Light Equipment

Automotive and Equipment: Sales/Rentals, Light Equipment

Automotive and Equipment: Sales/Rentals, Farm Equipment

Automotive and Equipment: Sales/Rentals, Heavy Equipment

Automotive and Equipment: Storage, Recreational Vehicles and Boats

Building Maintenance Services

Business Equipment Sales and Services

Business Support Services

Communication Services

Construction Sales and Services (see Section 6300)

Gasoline Sales

Laundry Services

Repair Services, Consumer

Research Services

Wholesale, Storage and Distribution: Mini-Warehouses (see Section 6300 and Section 6909)

c. Industrial Use Types.

Custom Manufacturing (see Section 6300)

d. Agricultural Use Types.

Horticulture (All Types)

Tree Crops

Row and Field Crops

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6187 (N.S.) adopted 11-18-81)

(Amended by Ord. No. 6543 (N.S.) adopted 3-2-83)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

(Amended by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

(Amended by Ord. No. 8175 (N.S.) adopted 11-18-92)

(Amended by Ord. No. 9101 (N.S.) adopted 12-8-99)

(Amended by Ord. No. 9935 (N.S.) adopted 4-23-08)

2383 PERMITTED USES SUBJECT TO LIMITATIONS.

The following use types are permitted by the C38 Use Regulations subject to the applicable provisions of Section2980. The number in quotes following the use type refers to the subsection of Section 2980 which applies.

a. Residential Use Types.

Family Residential "1"

Low Barrier Navigation Center “25”

b. Commercial Use Types.

Cannabis Facilities: Retail and Consumption Lounges "26" (see Section 6995)

Cannabis Facilities: Microbusiness "26" (see Section 6995)

Food and Beverage Retail Sales "10"

Recycling Collection Facility, Small or Large "2"

Recycling Processing Facility, Light or Heavy "3"

Wholesaling, Storage and Distribution: Light "8" (see Section 6300)

c. Industrial Use Types.

General Industrial "15"

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

(Amended by Ord. No. 10858 (N.S.) adopted 7-19-23)

(Amended by Ord. No. 11015 (N.S.) adopted 8-19-26)

2384 USES SUBJECT TO A MINOR USE PERMIT.

The following use types are permitted by the C38 Use Regulations upon issuance of a Minor Use Permit.

a. Commercial Use Types.

Convenience Sales and Personal Services

Eating and Drinking Establishments

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 9101 (N.S.) adopted 12-8-99)

2385 USES SUBJECT TO A MAJOR USE PERMIT.

The following use types are permitted by the C38 Use Regulations upon issuance of a Major Use Permit.

a. Civic Use Types.

Civic, Fraternal or Religious Assembly

Clinic Services

Major Impact Services and Utilities

b. Commercial Use Types.

Automotive and Equipment: Storage, Non-operating Vehicle

Funeral and Interment Services: Cremating

Participant Sports and Recreation: Indoor

Scrap Operation (see Section 6300)

Spectator Sports and Entertainment: General

Swap Meets

Wholesaling, Storage and Distribution: Heavy (see Section 6300)

c. Extractive Use Types.

Site Preparation

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

C40 RURAL COMMERCIAL USE REGULATIONS

2400 INTENT.

The provisions of Section 2400 through Section 2409, inclusive, shall be known as the C40 Rural Commercial Use Regulations. The C40 Use Regulations are intended to create and enhance commercial centers which serve predominantly agricultural areas with a broad range of goods and services. Typically, the C40 Use Regulations would be applied to rural or semi-rural areas where many diverse types of commercial uses are desired. Various applications of the C40 Use Regulations with appropriate development designators can create large scale commercial agricultural areas where outdoor storage and sale of animals is permitted, or smaller commercial areas which function as rural town centers.

2402 PERMITTED USES.

The following use types are permitted by the C40 Use Regulations:

a. Civic Use Types.

Administrative Services

Ambulance Services

Child Care Center

Civic, Fraternal or Religious Assembly

Clinic Services

Community Recreation

Cultural Exhibits and Library Services

Essential Services

Fire Protection Services (see Section 6905)

Law Enforcement Services

Parking Services

Postal Services

Small Schools

b. Commercial Use Types.

Administrative and Professional Services

Agricultural and Horticultural Sales (all types)

Agricultural Services

Animal Sales and Services: Grooming

Animal Sales and Services: Veterinary (Large Animals)

Animal Sales and Services: Veterinary (Small Animals)

Automotive and Equipment: Cleaning

Automotive and Equipment: Fleet Storage

Automotive and Equipment: Parking

Automotive and Equipment: Repairs, Heavy Equipment

Automotive and Equipment: Repairs, Light Equipment

Automotive and Equipment: Sales/Rentals, Farm Equipment

Automotive and Equipment: Sales/Rentals, Heavy Equipment

Automotive and Equipment: Sales/Rentals, Light Equipment

Automotive and Equipment: Storage, Recreational Vehicles and Boats

Building Maintenance Services

Business Equipment Sales and Services

Business Support Services

Communications Services

Convenience Sales and Personal Services

Eating and Drinking Establishments

Financial, Insurance and Real Estate Services

Food and Beverage Retail Sales

Funeral and Interment Services: Undertaking

Gasoline Sales

Laundry Services

Medical Services

Participant Sports and Recreation: Indoor

Personal Services, General

Repair Services, Consumer

Research Services

Retail Sales: General

Retail Sales: Specialty

Spectator Sports and Entertainment: Limited

Transient Habitation: Lodging

Wholesaling, Storage and Distribution: Mini-Warehouses (see Section 6300 and Section 6909)

c. Industrial Use Types.

Custom Manufacturing (see Section 6300)

d. Agricultural Use Types.

Horticulture (all types)

Tree Crops

Row and Field Crops

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6187 (N.S.) adopted 11-18-81)

(Amended by Ord. No. 6543 (N.S.) adopted 3-2-83)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

(Amended by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

(Amended by Ord. No. 8175 (N.S.) adopted 11-18-92)

(Amended by Ord. No. 9935 (N.S.) adopted 4-23-08)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

2403 PERMITTED USES SUBJECT TO LIMITATIONS.

The following use types are permitted by the C40 Use Regulations subject to the applicable provisions of Section2980. The number in quotes

following the use type refers to the subsection of Section2980 which applies.

a. Residential Use Types.

Family Residential "1"

Low Barrier Navigation Center “25”

b. Commercial Use Types.

Cannabis Facilities: Retail and Consumption Lounges "26" (see Section 6995)

Cannabis Facilities: Microbusiness "26" (see Section 6995)

Construction Sales and Services "9"

Recycling Collection Facility, Small or Large "2"

Recycling Processing Facility, Light or Heavy "3"

Recycling Processing Facility, Wood and Green Materials “15”

Wholesaling, Storage and Distribution: Light "8" (see Section 6300)

c. Industrial Use Types.

General Industrial "15"

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 5840 (N.S.) adopted 7-30-80)

(Amended by Ord. No. 7649 (N.S.) adopted 7-17-89)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

(Amended by Ord. No. 9469 (N.S.) adopted 6-12-02)

(Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

(Amended by Ord. No. 10858 (N.S.) adopted 7-19-23)

(Amended by Ord. No. 11015 (N.S.) adopted 8-19-26)

2404 USES SUBJECT TO A MINOR USE PERMIT.

The following use types are permitted by the C40 Use Regulations upon issuance of a Minor Use Permit.

a. Civic Use Types.

Minor Impact Utilities

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

2405 USES SUBJECT TO A MAJOR USE PERMIT.

The following use types are permitted by the C40 Use Regulations upon issuance of a Major Use Permit.

a. Civic Use Types.

Major Impact Services and Utilities

b. Commercial Use Types.

Animal Sales and Services: Auctioning

Animal Sales and Services: Stockyards

Automotive and Equipment: Storage, Non-operating Vehicles

Funeral and Interment Services: Cremating

Funeral and Interment Services: Interring

Scrap Operation (see Section 6300)

Spectator Sports and Entertainment: General

Swap Meets

Transient Habitation: Campground (see Section 6450)

Wholesaling, Storage and Distribution: Heavy (see Section 6300)

c. Extractive Use Types.

Site Preparation

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

C42 VISITOR-SERVING COMMERCIAL USE REGULATIONS

2420 INTENT.

The provisions of Section 2420 through 2429, inclusive, shall be known as the C42 Visitor-Serving Commercial Use Regulations. The C42 Use Regulations are intended to create and enhance areas devoted to the provision of recreational and tourist services. Thus, a broad range of recreational and visitor-serving uses are permitted and other uses are very limited. Typically, the C42 Use Regulations would be applied to areas where tourist-oriented recreational opportunities exist and associated facilities and services are desired. Various applications of the C42 Use Regulations with appropriate development designators can create an intensive-use recreational village, vacation spa, or resort, or in areas considered generally unsuitable for intensive development, more rural, open recreation-oriented developments.

(Amended by Ord. No. 6187 (N.S.) adopted 11-18-81)

2421 SITE PLAN REVIEW REQUIRED IN CALIFORNIA COASTAL ZONE.

(Repealed by Ord. No. 10697 (N.S.) adopted 11-18-20, effective 03-15-21, see Section 9000-9500)

2422 PERMITTED USES.

The following use types are permitted by the C42 Use Regulations:

a. Civic Use Types.

Essential Services

Parking Services

b. Commercial Use Types.

Convenience Sales and Personal Services

Eating and Drinking Establishments

Participant Sports and Recreation (all types)

Retail Sales: Specialty

Transient Habitation: Campground (applicable site plan subject to standards commencing at Section6450)

Transient Habitation: Lodging

Transient Habitation: Resort (applicable site plan subject to standards commencing at Section6400)

c. Agricultural Use Types.

Horticulture (all types)

Tree Crops

Row and Field Crops

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6187 (N.S.) adopted 11-18-81)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

(Amended by Ord. No. 6855 (N.S.) adopted 10-10-84)

(Amended by Ord. No. 7220 (N.S.) adopted 10-22-86)

2423 PERMITTED USES SUBJECT TO LIMITATIONS.

The following use types are permitted by the C42 Use Regulations subject to the applicable provisions of Section2980. The number in quotes following the use type refers to the subsection of Section 2980 which applies.

a. Residential Use Types.

Family Residential "20"

Low Barrier Navigation Center "25"

b. Commercial Use Types.

Administrative and Professional Services "20"

Business Support Services "20"

Financial, Insurance and Real Estate Services "20"

(Added by Ord. No. 6187 (N.S.) adopted 11-18-81)

(Amended by Ord. No. 6743 (N.S.) effective 1-11-85)

(Amended by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Amended by Ord. No. 10858 (N.S.) adopted 7-19-23)

2424 USES SUBJECT TO A MINOR USE PERMIT.

The following use types are permitted by the C42 Use Regulations upon issuance of a Minor Use Permit.

a. Civic Use Types.

Minor Impact Utilities

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

2425 USES SUBJECT TO A MAJOR USE PERMIT.

The following use types are permitted by the C42 Use Regulations upon issuance of a Major Use Permit.

a. Commercial Use Types.

Gasoline Sales

Spectator Sports and Entertainment (all types)

b. Extractive Use Types.

Site Preparation

(Amended by Ord. No. 6187 (N.S.) adopted 11-18-81)

C44 FREEWAY COMMERCIAL USE REGULATIONS

2440 INTENT.

The provisions of Section 2440 through Section 2449, inclusive, shall be known as the C44 Freeway Commercial Use Regulations. The C44 Use Regulations are intended to create and enhance areas where automobile associated traveler services are desired. Typically, the C44 Use Regulations would be applied adjacent to freeway interchanges or in areas with convenient access to freeways. Various applications of the C44 Use Regulations with appropriate development designators can create a limited service area with a gas station and restaurant, or a more extensive service area including motels and overnight travel trailer accommodations.

2442 PERMITTED USES.

The following use types are permitted by the C44 Use Regulations:

a. Civic Use Types.

Child Care Center

Essential Services

Fire Protection Services (see Section 6905)

Law Enforcement Services

Small Schools

b. Commercial Use Types.

Eating and Drinking Establishments

Transient Habitation: Lodging

c. Agricultural Use Types.

Horticulture (all types)

Tree Crops

Row and Field Crops

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

(Amended by Ord. No. 8175 (N.S.) adopted 11-18-92)

2443 PERMITTED USES SUBJECT TO LIMITATIONS.

The following use types are permitted by the C44 Use Regulations subject to the applicable provisions of Section2980. The number in quotes following the use type refers to the subsection of Section 2980 which applies.

a. Commercial Use Types.

Gasoline Sales "12"

Recycling Collection Facility, Small "2"

Recycling Processing Facility "3"

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

2444 USES SUBJECT TO A MINOR USE PERMIT.

The following use types are permitted by the C44 Use Regulations upon issuance of a Minor Use Permit.

a. Civic Use Types.

Minor Impact Utilities

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

2445 USES SUBJECT TO A MAJOR USE PERMIT.

The following use types are permitted by the C44 Use Regulations upon issuance of a Major Use Permit.

a. Civic Use Types.

Administrative Services

Ambulance Services

Civic, Fraternal or Religious Assembly

Clinic Services

Community Recreation

Cultural Exhibits and Library Services

Major Impact Services and Utilities

Parking Services

Postal Services

b. Commercial Use Types.

Automotive and Equipment: Storage, Recreational Vehicles and Boats

Transient Habitation: Campground (see Section 6450)

c. Extractive Use Types.

Site Preparation

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

C46 MEDICAL CENTER USE REGULATIONS

(Renumbered by Ord. No. 5508 (N.S.) adopted 5-16-79. Formerly S84 Med. Cen. Use Regs.)

2460 INTENT.

The provisions of Section 2460 through Section 2469, inclusive, shall be known as the C46 Medical Center Use Regulations. The C46 Use Regulations are intended to create and enhance areas where a concentration of medical and other compatible uses is desired. Typically, the C46 Use Regulations would be applied to areas where there is a desire to discourage use by non-medical associated uses and where a community of a size sufficient to support a medical center exists or is planned. Various applications of the C46 Use Regulations, with appropriate development designators, can create major regional medical centers, including hospitals, medical office buildings, laboratories, and other supportive commercial and service facilities, or small community medical centers whose scale would more clearly reflect the needs of the immediate area.

(Renumbered by Ord. No. 5508 (N.S.) adopted 5-16-79. Formerly 2840)

2461 SITE PLAN REVIEW REQUIRED.

All development within the C46 Medical Center Use Regulations shall require site plan review in accordance with the Site Plan Review Procedure commencing at Section 7150 and the following guidelines.

a. Content of the Site Plan. A site plan required by this section shall contain such maps, plans, drawings, documents, and sketches as are necessary to show:

1. The location, use, entrances and exits of all proposed buildings and structures.

2. The projected scale of operations and service loads of the development as related to their expected impact on the area immediately surrounding the development site.

3. The internal circulation plan of the development site, including the location, size, and capacity of all roads and driveways, parking areas, pedestrian walkways, and bicycle paths, and the relationship of this plan to the existing circulation pattern of the area surrounding the development site.

4. The location, size and type of all existing vegetation and all proposed landscaping.

b. Relationship to Subdivision Ordinance. Any Tentative Map or Tentative Parcel Map which is required by the Subdivision Ordinance shall be used to the maximum extent possible in satisfying the requirements of subsection "a" of this section.

c. Standards and Criteria. The following standards and criteria shall be followed by the Director in his review and evaluation of a Site Plan required by this section.

1. The overall physical design of the project, with respect to the interior placement and siting of buildings and structures, shall mitigate the adverse impacts of the development on the immediately surrounding area.

2. The internal circulation plan shall provide adequate and convenient access to all buildings and structures contained within the development.

3. The internal circulation plan shall conform to and, where possible, strengthen the existing circulation pattern of the area surrounding the development site.

4. The proposed landscaping should be compatible with existing landscaping and should take into consideration the appropriateness of selected plant materials to the area. Landscaping and plantings should be used to the maximum extent practical to screen unsightly parking, storage and utility areas. Landscaping and plantings should not obstruct significant views, either when installed or when they reach mature growth.

(Renumbered by Ord. 5508 (N.S.) adopted 5-16-79. Formerly 2841)

2462 PERMITTED USES.

The following use types are permitted by the C46 Use Regulations:

a. Civic Use Types.

Child Care Center

Clinic Services

Essential Services

Fire Protection Services (see Section 6905)

Group Care

Law Enforcement Services

Parking Services

Small Schools

b. Commercial Use Types.

Medical Services

c. Agricultural Use Types.

Horticultural: Cultivation

Tree Crops

Row and Field Crops

(Renumbered by Ord. 5508 (N.S.) adopted 5-16-79. Formerly 2842)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

(Amended by Ord. No. 8175 (N.S.) adopted 11-18-92)

2463 PERMITTED USES SUBJECT TO LIMITATIONS.

The following use types are permitted by the C46 Use Regulations subject to the applicable provisions of Section2980. The number in quotes following the use type refers to the subsection of Section 2980 which applies.

a. Commercial Use Types.

Convenience Sales and Personal Services "10"

Eating and Drinking Establishments "10"

Food and Beverage Retail Sales "10"

Recycling Collection Facility, Small "2"

Recycling Processing Facility "3"

(Renumbered by Ord. No. 5508 (N.S.) adopted 5-16-79. Formerly 2843)

(Amended by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

2464 USES SUBJECT TO A MINOR USE PERMIT.

The following use types are permitted by the C46 Use Regulations upon issuance of a Minor Use Permit.

a. Civic Use Types.

Minor Impact Utilities

(Renumbered by Ord. No. 5508 (N.S.) adopted 5-16-79. Formerly 2844)

2465 USES SUBJECT TO A MAJOR USE PERMIT.

The following use types are permitted by the C46 Use Regulations upon issuance of a Major Use Permit.

a. Civic Use Types.

Administrative Services

Ambulance Services

Civic, Fraternal or Religious Assembly

Community Recreation

Cultural Exhibits and Library Services

Major Impact Services and Utilities

Postal Services

b. Extractive Use Types.

Site Preparation

(Renumbered and amended by Ord. No. 5508 (N.S.) adopted 5-16-79. Formerly 2845)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

MANUFACTURING AND INDUSTRIAL USE REGULATIONS

M50 BASIC INDUSTRIAL USE REGULATIONS

2500 INTENT.

The provisions of Section 2500 through Section 2509, inclusive, shall be known as the M50 Basic Industrial Use Regulations. The M50 Use Regulations are intended to create and preserve areas for basic manufacturing operations which evidence no or very low nuisance characteristics.

Non-manufacturing uses are restricted to those providing essential support services to manufacturing plants and their personnel. Typically, the M50 Use Regulations would be applied in urban or suburban areas where nuisance characteristics involving noise, odor, traffic generation or unsightliness were undesired and where all uses (with certain exceptions) would be conducted entirely within enclosed buildings. Various applications of the M50 Use Regulations with appropriate development designators can create a community of industries in a high quality industrial park or preserve large tracts of land for basic manufacturing, assembling, or processing uses.

2502 PERMITTED USES.

The following use types are permitted by the M50 Use Regulations:

a. Civic Use Types.

Ambulance Services

Community Recreation

Emergency Shelters (see Section 6911)

Essential Services

Fire Protection Services (see Section 6905)

Law Enforcement Services

Parking Services

Postal Services

b. Commercial Use Types.

Automotive and Equipment: Parking

Recycling Processing Facility, Wood and Green Materials

Research Services

c. Industrial Use Types.

Custom Manufacturing (see Section 6300)

d. Agricultural Use Types.

Horticulture (all types)

Tree Crops

Row and Field Crops

Packing and Processing: Limited

Packing and Processing: Winery

Packing and Processing: General

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 8175 (N.S.) adopted 11-18-92)

(Amended by Ord. No. 10035 (N.S.) adopted 1-27-10)

2503 PERMITTED USES SUBJECT TO LIMITATIONS.

The following use types are permitted by the M50 Use Regulations subject to the applicable provisions of Section2980. The number in quotes following the use type refers to the subsection of Section 2980 which applies.

a. Commercial Use Types.

Adult Entertainment Establishments "19"

Administrative and Professional Services "5"

Cannabis Facilities: Distribution "26" (see Section 6995)

Cannabis Facilities: Manufacturing "26" (see Section 6995)

Cannabis Facilities: Microbusiness "26" (see Section 6995)

Cannabis Facilities: Retail and Consumption Lounges "26" (see Section 6995)

Cannabis Facilities: Testing Laboratory "26" (see Section 6995)

Recycling Collection Facility, Small or Large "2"

Recycling Processing Facility, Light or Heavy "3"

Wholesaling, Storage and Distribution: Light "8" (see Section 6300)

b. Industrial Use Types.

General Industrial "14"

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

(Amended by Ord. No. 9469 (N.S.) adopted 6-12-02)

(Amended by Ord. No. 11015 (N.S.) adopted 8-19-26)

2504 USES SUBJECT TO A MINOR USE PERMIT.

The following use types are permitted by the M50 Use Regulations upon issuance of a Minor Use Permit.

a. Civic Use Types.

Minor Impact Utilities

Small Schools

b. Commercial Use Types.

Convenience Sales and Personal Services

Eating and Drinking Establishments

Food and Beverage Retail Sales

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

2505 USES SUBJECT TO A MAJOR USE PERMIT.

The following use types are permitted by the M50 Use Regulations upon issuance of a Major Use Permit.

a. Civic Use Types.

Administrative Services

Child Care Center

Civic, Fraternal or Religious Assembly

Clinic Services

Cultural Exhibits and Library Services

Major Impact Services and Utilities

b. Commercial Use Types.

Wholesaling, Storage and Distribution: Heavy (see Section 6300)

c. Extractive Use Types.

Site Preparation

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

M52 LIMITED IMPACT INDUSTRIAL USE REGULATIONS

2520 INTENT.

The provisions of Section 2520 through Section 2529, inclusive, shall be known as the M52 Limited Impact Industrial Use Regulations. The M52 Use Regulations are intended to create and preserve areas where manufacturing and industrial uses which evidence no or very low nuisance characteristics may locate. Non-industrial uses which support or are adjuncts to industrial uses and are compatible with such uses are permitted within the zone particularly administrative, sales, and services uses. Typically, the M52 Use Regulations would be applied in urban or suburban areas where nuisance characteristics involving noise, odor, traffic generation or unsightliness were undesired and where all uses (with certain exceptions) would be conducted entirely within enclosed buildings. Various applications of the M52 Use Regulations with appropriate development designators can create a community of industries in a high quality industrial park or a strip of low impact industrial uses.

2522 PERMITTED USES.

The following use types are permitted by the M52 Use Regulations:

a. Civic Use Types.

Ambulance Services

Community Recreation

Emergency Shelters (see Section 6911)

Essential Services

Fire Protection Services (see Section 6905)

Law Enforcement Services

Parking Services

Postal Services

b. Commercial Use Types.

Administrative and Professional Services

Automotive and Equipment: Parking

Business Equipment Sales and Services

Business Support Services

Communications Services

Laundry Services

Participant Sports and Recreation: Indoor

Recycling Processing Facility, Wood and Green Materials

Research Services

Wholesaling, Storage and Distribution: Mini-Warehouses (see Section 6300 and Section 6909)

c. Industrial Use Types.

Custom Manufacturing (see Section 6300)

d. Agricultural Use Types.

Horticulture (all types)

Tree Crops

Row and Field Crops

Packing and Processing “Limited”

Packing and Processing “Winery”

Packing and Processing “General”

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6761 (N.S.) adopted 4-25-84)

(Amended by Ord. No. 8175 (N.S.) adopted 11-18-92)

(Amended by Ord. No. 9935 (N.S.) adopted 4-23-08)

(Amended by Ord. No. 10035 (N.S.) adopted 1-27-10)

2523 PERMITTED USES SUBJECT TO LIMITATIONS.

The following use types are permitted by the M52 Use Regulations subject to the applicable provisions of Section2980. The number in quotes following the use type refers to the subsection of Section 2980 which applies.

a. Commercial Use Types.

Adult Entertainment Establishments "19"

Agricultural and Horticultural Sales "8" (all types)

Automotive and Equipment: Cleaning "8"

Automotive and Equipment: Repairs, Heavy Equipment "8"

Automotive and Equipment: Repairs, Light Equipment "8"

Automotive and Equipment: Sales/Rentals, Farm Equipment "9"

Automotive and Equipment: Sales/Rentals, Heavy Equipment "9"

Automotive and Equipment: Sales/Rentals, Light Equipment “9” (see Section 6800)

Building Maintenance Services "8"

Cannabis Facilities: Distribution "26" (see Section 6995)

Cannabis Facilities: Manufacturing "26" (see Section 6995)

Cannabis Facilities: Microbusiness "26" (see Section 6995)

Cannabis Facilities: Retail and Consumption Lounges "26" (see Section 6995)

Cannabis Facilities: Testing Laboratory "26" (see Section 6995)

Construction Sales and Services "8" (see Section 6300)

Eating and Drinking Establishments “21”

Food and Beverage Retail Sales "10"

Gasoline Sales "12"

Recycling Collection Facility, Small or Large "2"

Recycling Processing Facility, Light or Heavy "3"

Wholesaling, Storage and Distribution: Light "8" (see Section 6300)

b. Industrial Use Types.

General Industrial "14"

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6543 (N.S.) adopted 3-2-83)

(Amended by Ord. No. 6761 (N.S.) adopted 4-25-84)

(Amended by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

(Amended by Ord. No. 9469 (N.S.) adopted 6-12-02)

(Amended by Ord. No. 10035 (N.S.) adopted 1-27-10)

(Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

(Amended by Ord. No. 11015 (N.S.) adopted 8-19-26)

2524 USES SUBJECT TO A MINOR USE PERMIT.

The following use types are permitted by the M52 Use Regulations upon issuance of a Minor Use Permit.

a. Civic Use Types.

Minor Impact Utilities

Small Schools

b. Commercial Use Types.

Convenience Sales and Personal Services

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

(Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

2525 USES SUBJECT TO A MAJOR USE PERMIT.

The following use types are permitted by the M52 Use Regulations upon issuance of a Major Use Permit.

a. Civic Use Types.

Administrative Services

Child Care Center

Civic, Fraternal or Religious Assembly

Clinic Services

Cultural Exhibits and Library Services

Major Impact Services and Utilities

b. Commercial Use Types.

Funeral and Interment Services: Cremating

Participant Sports and Recreation: Outdoor

Transient Habitation: Campground (see Section 6450)

Wholesaling, Storage and Distribution: Heavy (see Section 6300)

c. Extractive Use Types.

Site Preparation

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

M54 GENERAL IMPACT INDUSTRIAL USE REGULATIONS

2540 INTENT.

The provisions of Section 2540 through Section 2549, inclusive, shall be known as the M54 General Impact Industrial Use Regulations. The M54 Use Regulations are intended to create and preserve areas where manufacturing and industrial uses not having high nuisance characteristics may locate. Non-industrial uses which support industrial uses are permitted within the zone, particularly administrative, sales, and services uses. Typically, the M54 Use Regulations would be applied near rail and trucking facilities, or other locations where impacts associated with noise, odor and traffic would not impact on residential or commercial areas. All outdoor storage areas would be subject to screening regulations in Section 6706. Various applications of the M54 Use Regulations with appropriate development designators can create a large transportation-dependent industrial center or a small, geographically isolated grouping of a few small scale industrial uses.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

2542 PERMITTED USES.

The following use types are permitted by the M54 Use Regulations:

a. Civic Use Types.

Ambulance Services

Community Recreation

Emergency Shelters (see Section 6911)

Essential Services

Fire Protection Services (see Section 6905)

Law Enforcement Services

Minor Impact Utilities

Parking Services

Postal Services

b. Commercial Use Types.

Administrative and Professional Services

Agricultural and Horticultural Sales (all types)

Animal Sales and Services: Veterinary, Large Animals

Automotive and Equipment: Cleaning

Automotive and Equipment: Fleet Storage

Automotive and Equipment: Parking

Automotive and Equipment: Repairs, Heavy Equipment

Automotive and Equipment: Repairs, Light Equipment

Automotive and Equipment: Sales/Rentals, Farm Equipment

Automotive and Equipment: Sales/Rentals, Heavy Equipment

Automotive and Equipment: Sales/Rentals, Light Equipment

Automotive and Equipment: Storage, Recreational Vehicles & Boats

Building Maintenance Services

Business Equipment Sales and Services

Business Support Services

Communications Services

Construction Sales and Services (See Section 6300)

Gasoline Sales

Laundry Services

Participant Sports and Recreation: Indoor

Recycling Processing Facility, Wood and Green Materials

Research Services

Wholesaling, Storage and Distribution: Mini-Warehouses (see Section 6300 and Section 6909)

c. Industrial Use Types.

Custom Manufacturing

d. Agricultural Use Types.

Horticulture (all types)

Tree Crops

Row and Field Crops

Packing and Processing “Limited”

Packing and Processing “Winery”

Packing and Processing “General”

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 5786 (N.S.) adopted 6-4-80)

(Amended by Ord. No. 6543 (N.S.) adopted 3-2-83)

(Amended by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Amended by Ord. No. 7220 (N.S.) adopted 10-22-86)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

(Amended by Ord. No. 8175 (N.S.) adopted 11-18-92)

(Amended by Ord. No. 8283 (N.S.) adopted 7-21-93)

(Amended by Ord. No. 9935 (N.S.) adopted 4-23-08)

(Amended by Ord. No. 10035 (N.S.) adopted 1-27-10)

2543 PERMITTED USES SUBJECT TO LIMITATIONS.

The following use types are permitted by the M54 Use Regulations subject to the applicable provisions of Section2980. The number in quotes following the use type refers to the subsection of Section 2980 which applies.

a. Commercial Use Types.

Adult Entertainment Establishments "19"

Agricultural Services “14”

Cannabis Facilities: Distribution "26" (see Section 6995)

Cannabis Facilities: Manufacturing "26" (see Section 6995)

Cannabis Facilities: Microbusiness "26" (see Section 6995)

Cannabis Facilities: Retail and Consumption Lounges "26" (see Section 6995)

Cannabis Facilities: Testing Laboratory "26" (see Section 6995)

Eating and Drinking Establishments “21”

Food and Beverage Retail Sales "10"

Recycling Collection Facility, Small or Large "2"

Recycling Processing Facility, Light or Heavy "3"

Wholesaling, Storage and Distribution: Heavy "14"

Wholesaling, Storage and Distribution: Light "8"

b. Industrial Use Types.

General Industrial "14"

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 7220 (N.S.) adopted 10-22-86)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

(Amended by Ord. No. 9013 (N.S.) adopted 3-17-99)

(Amended by Ord. No. 9469 (N.S.) adopted 6-12-02)

(Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

(Amended by Ord. No. 11015 (N.S.) adopted 8-19-26)

2544 USES SUBJECT TO A MINOR USE PERMIT.

The following use types are permitted by the M54 Use Regulations upon issuance of a Minor Use Permit.

a. Civic Use Types

Small Schools

b. Commercial Use Types.

Convenience Sales and Personal Services

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

(Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

2545 USES SUBJECT TO A MAJOR USE PERMIT.

The following use types are permitted by the M54 Use Regulations upon issuance of a Major Use Permit.

a. Civic Use Types.

Administrative Services

Child Care Center

Civic, Fraternal or Religious Assembly

Clinic Services

Cultural Exhibits and Library Services

Major Impact Services and Utilities

b. Commercial Use Types.

Automotive and Equipment: Storage, Nonoperating Vehicles

Explosive Storage (see Section 6904)

Funeral and Interment Services: Cremating

Participant Sports and Recreation: Outdoor

Scrap Operations (see Section 6300)

Swap Meets

Transient Habitation: Campground (see Section 6450)

c. Extractive Use Types.

Site Preparation

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

(Amended by Ord. No. 8283 (N.S.) adopted 7-21-93)

(Amended by Ord. No. 9013 (N.S.) adopted 3-17-99)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

(Amended by Ord. No. 10035 (N.S.) adopted 1-27-10)

M56 MIXED INDUSTRIAL USE REGULATIONS

2560 INTENT.

The provisions of Section 2550 through 2579, inclusive, shall be known as the M56 Mixed Industrial Use Regulations, (M56 Use Regulations). The M56 Use Regulations will create an industrial area, and a maximum of five percent of each lot to be designated as support commercial area. The right to develop a support commercial area shall be transferable. The M56 Use Regulations will generally be applied to large areas of 100 or more acres, where a unified appearance can be created. A Specific Plan will be required prior to or concurrent with each rezone to address the availability of public facilities. The types of uses in the M56 Use Regulations will include industrial plants that are primarily engaged in the manufacturing, compounding, processing, assembling, packaging, treatment, warehousing or fabrication of materials or products, and commercial use types necessary to support those uses. Site development will be reviewed for compliance with a Design review manual adopted for the area.

2561 SUPPORT COMMERCIAL AREA.

Support commercial areas shall be designated, and the transfer of the rights to develop support commercial area shall be subject to the following requirements.

a. Designation of Commercial Area. Each lot in the specific plan area shall be granted a maximum of five percent of commercial use. At the time of application for a building permit, the applicant shall apply for an administrative permit indicating what portion of the site will be reserved for commercial use, and the location of the parking to be reserved for the use. If no area is designated through the administrative permit process at the time the lot is initially developed, the owner retains the right to make such designation at a later

date. Additionally, the applicant may relinquish the permit at any time by making an application for relinquishment to the Director. When an applicant has either chosen not to use the right to develop the commercial area of the property or has relinquished the administrative permit to develop the area as a commercial use, the right may be transferred to another property through the process described in subsection b of this section.

b. Transfer of Designated Commercial Area. Commercial development rights shall be transferable. Transfer shall only be to a site located within the contiguous area within which the M56 use regulation has been applied. The transfer shall not result in more than ten percent of any one site being utilized for support commercial development.

Prior to completing any transfers of development rights, the applicant shall obtain written approval from the Director. No purported transfer shall be of any force or effect without the Director's approval. The applicant shall notify the Department of the completion of the transfer on a form prescribed by the Department, and such notification shall be recorded. Failure to comply with the Department's requirements for notification shall be grounds for refusal to issue building permits.

2562 PERMITTED USES WITHIN THE INDUSTRIALLY DESIGNATED AREA

The following use types are permitted by the M56 Use Regulations within the industrially designated areas:

a. Civic Use Types.

Ambulance Services

Essential Services

Fire Protection Services

Law Enforcement Services

Minor Impact Utilities

Parking Services

Postal Services

b. Commercial Use Types.

Automotive and Equipment

b) Fleet Storage

c) Parking

d) Repairs [Heavy Equipment]

e) Repairs [Light Equipment]

f) Sales/Rentals [Heavy Equipment]

g) Sales/Rentals [Farm Equipment]

h) Sales/Rental [Light Equipment]

Building Maintenance Services Construction Sales and Services

Recycling Processing Facility, Wood and Green Materials

Research Services

Wholesale Storage and Distribution

a) Mini Warehouse (see Section 6300 and Section 6909)

b) Light

c) Heavy

c. Industrial Use Types.

Custom Manufacturing

General Industrial

d. Agricultural Use Types.

Packing and Processing

a) Limited

b) Winery

c) General

d) Support

(Amended by Ord. No. 8175 (N.S.) adopted 11-18-92)

(Amended by Ord. No. 9935 (N.S.) adopted 4-23-08)

2563 PERMITTED USES WITHIN THE INDUSTRIALLY DESIGNATED AREAS THAT ARE SUBJECT TO LIMITATIONS.

The following use types are permitted by the M56 Use Regulations within the industrially designated areas, subject to the applicable provisions of Section 2980. The number in quotes following the use type refers to the subsection of Section2980 which applies.

a. Commercial Use Types.

Cannabis Facilities: Distribution "26" (see Section 6995)

Cannabis Facilities: Manufacturing "26" (see Section 6995)

Cannabis Facilities: Microbusiness "26" (see Section 6995)

Cannabis Facilities: Retail and Consumption Lounges "26" (see Section 6995)

Cannabis Facilities: Testing Laboratory "26" (see Section 6995)

Eating and Drinking Establishments "21"

Food and Beverage Retail Sales "10"

Recycling Collection Facility, Small or Large "2"

Recycling Processing Facility, Light or Heavy "3"

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

(Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

(Amended by Ord. No. 11015 (N.S.) adopted 8-19-26)

2564 USES SUBJECT TO A MINOR USE PERMIT WITHIN THE INDUSTRIALLY DESIGNATED AREAS.

The following uses are permitted by the M56 Use Regulations in the industrially designated areas upon issuance of a Minor Use Permit.

a. Civic Use Types Small Schools

2565 USES SUBJECT TO A MAJOR USE PERMIT WITHIN THE INDUSTRIALLY DESIGNATED AREAS.

The following uses are permitted by the M56 Use Regulations in the industrially designated areas upon issuance of a Major Use Permit.

a. Civic Use Types.

Administrative Services

Civic, Fraternal or Religious Assembly

Clinic Services

Cultural Exhibits and Library services

Child Care Center

Major Impact Services and Utilities

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

2566 PERMITTED USES WITHIN THE AREAS DESIGNATED FOR SUPPORT COMMERCIAL.

The following uses are permitted by the M56 Use Regulations within the commercially designated areas.

a. Civic Use Types.

Child Care Center

Essential Services

Law Enforcement Services

Minor Impact Utilities

b. Commercial Use Types.

Administrative and Professional Services

Agricultural and Horticultural Sales

a) Agricultural Sales

b) Horticultural Sales Automotive and Equipment

c) Parking

Building Maintenance Services

Business Equipment Sales and Services

Business Support Services

Communications Services

Eating and Drinking Establishments

Financial, Insurance and Real Estate

Food and Beverage Retail Sales

Gasoline Sales

Laundry Services

Participant Sports and Recreation

a) Indoor

Recycling Collection Center

Repair Services [Consumer]

Research Services

Retail Sales

a) General

Wholesale Storage and Distribution

a) Mini Warehouse

c. Agricultural Use Types.

Horticultural

a) Cultivation

b) Storage Tree Crops

Row and Field Crops

Packing and Processing

a) Limited

b) Support

(Amended by Ord. No. 8175 (N.S.) adopted 11-18-92)

2567 PERMITTED USES WITHIN THE AREAS DESIGNATED FOR SUPPORT COMMERCIAL SUBJECT TO LIMITATIONS.

The following uses are permitted by the M56 Use Regulations within the commercially designated areas, subject to the applicable provisions of Section 2980. The number in quotes following the use type refers to the subsection of Section2980 which applies.

a. Commercial Use Types.

Agricultural Services "8"

Automotive and Equipment

a) Cleaning "8"

d) Repairs [Heavy Equipment] "8"

e) Repairs [Light Equipment] "9"

f) Sales/Rentals [Heavy Equipment] "9"

g) Sales/Rentals [Farm Equipment] "9"

h) Sales/Rentals [Light Equipment] "9"

Construction Sales and Services "8"

b. Agricultural Use Types

Animal Raising "16"

2568 USES SUBJECT TO A MAJOR USE PERMIT WITHIN THE AREAS DESIGNATED FOR SUPPORT COMMERCIAL.

The following uses are permitted by the M56 Use Regulations in the commercially designated areas upon issuance of a Major Use Permit.

a. Civic Use Types.

Administrative Services

Ambulance Services

Civic, Fraternal or Religious Assembly

Clinic Services

Cultural Exhibits and Library services

Major Impact Services and Utilities

Postal Services

b. Commercial Use Types

Automotive and Equipment

i) Storage [Nonoperating Vehicles]

j) Storage [Recreational Vehicles and Boats]

Funeral and Internment Services

a) Cremating

Participant Sports and Recreation

b) Outdoor Scrap Operations

Spectator Sports and Entertainment

a) Limited

b) General Swap Meets

Transient Habitation

b) Lodging

c. Extractive Use Types.

Site Preparation

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

2569 SPECIFIC PLAN REQUIRED.

The M56 Use Regulations may be made applicable to any property for which a Specific Plan has been adopted. Alternatively, the provisions of the M56 Use Regulations may be adopted as a part of any Specific Plan. The Specific Plan required by these regulations shall address the availability of public facilities, including but not limited to sewer, water, fire protection and roads.

Performance standards shall be included within the Specific Plan to assure that there are adequate public facilities to serve the proposed development. If the necessary facilities are not available, or are fully utilized according to the adopted performance standards, no further building permits shall be issued for any new or expanded commercial or industrial uses. In addition, the Specific Plan shall establish a maximum limit to the total area to be devoted to the support commercial uses. Said commercial uses shall not exceed, and may be less than the five percent that is otherwise allowed by the zone.

2570 ADMINISTRATIVE DESIGN REVIEW REQUIRED.

No permit of any type shall be issued for the construction or alteration of any building or structure, nor shall any person construct or alter a building or structure, nor shall any new use be established in areas subject to the M56 Use Regulations until an Administrative Design Review has been approved as conforming to the criteria of a Design Manual which has been adopted by the Board of Supervisors. Alterations to the interior of a structure which are not visible from the exterior of the structure are exempt from the requirement for review. An applicant may chose to submit a site plan rather than an administrative design review application if the project does not comply with the specific requirements of the Design Manual, but the applicant is of the opinion that the project does comply with the intent of the Design Manual. A separate manual shall be adopted for each separate area when the M56 Use Regulations are applied and shall reflect the concerns of that area. An existing Community Design Manual may be adopted to serve as the Design Manual. The Design Manual shall require the preservation of environmental resources that are identified as being significant, including wildlife habitat and open space.

2571 WAIVER OF ADMINISTRATIVE DESIGN REVIEW.

The administrative design review required by Section 2570 may be waived by the Director if it is determined that the nature of the proposed project is such that subjecting it to the review process would not materially contribute to the attainment of the objectives and guidelines set forth in the applicable Design Manual.

a. In making a decision on waiver of an administrative design review due consideration shall be given to the recommendation of the Community Planning/Subregional Planning Group, Community Design Review Board or Property Owners Review Committee, whichever has been designated as the review body as required by Section 2572.

b. The Director, upon receipt of a request for waiver of the administrative design review requirement, shall provide a copy of said request to the review body for their recommendation.

2572 DESIGNATION BY BOARD OF SUPERVISORS OF REVIEW BODY.

The Board of Supervisors shall designate a review body to review all applications for administrative design review. Such designation shall take place at such time as the M56 Use Regulations are applied to any specific properties. Where there is a Community Planning Group, Subregional Planning Group or Community Design Review Board, such group shall be designated as the review body unless that body agrees to the appointment of a Property Owners Review Committee and the Board of Supervisors so designates. Where there is no planning group or design review board, a Property Owners Review Committee shall be appointed. The number of members of such Property Owners Review Committee, their length of service and identities shall be at the discretion of the Board of Supervisors. The members shall be owners of property wholly or partly within the area affected by the M56 Use Regulations or shall be designated representatives of a property owner.

2574 REVIEW OF APPLICATION BY THE DESIGNATED REVIEW BODY.

The Department of Planning and Development Services, upon receipt of an application for administrative design review, shall provide a copy of said application to the designated review body for their comments. The review body shall have 30 days to review the application and respond with their recommendations.

(Amended by Ord. No. 10222 (N.S.) adopted 9-25-12. Opr. 11-26-12)

2576 DECISION BY THE DIRECTOR ON ADMINISTRATIVE DESIGN REVIEW.

The Director shall decide if the application complies with the requirements of the Design Manual and issue that decision within 60 days of the initial application. A denial of the application may be followed by an application for a site plan if the applicant feels that the overall intent of the design requirements can be met by the project without the project being in strict compliance with the requirements of the Design Manual.

2578 APPEAL OF DIRECTOR'S DECISION.

The Director's decision may be appealed pursuant to the appeal procedures commencing at Section7200.

M58 HIGH IMPACT INDUSTRIAL USE REGULATIONS

2580 INTENT.

The provisions of Section 2580 through Section 2589, inclusive, shall be known as the M58 High Impact Industrial Use Regulations. The M58 Use Regulations are intended to create and preserve areas where a full range of industrial uses with moderate to high nuisance characteristics may locate. Typically, the M58 Use Regulations would be applied at locations where large land acreages were available and where the impacts associated with unsightliness, noise, odor, and traffic, and the hazards associated with certain industrial uses, would not impact on residential or commercial areas. Various applications of the M58 Use Regulations with appropriate development designators can create major heavy industrial centers or an area for a single, large industrial use.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

2582 PERMITTED USES.

The following use types are permitted by the M58 Use Regulations:

a. Civic Use Types.

Ambulance Services

Community Recreation

Emergency Shelters (see Section 6911)

Essential Services

Fire Protection Services (see Section 6905)

Law Enforcement Services

Minor Impact Utilities

Parking Services

Postal Services

b. Commercial Use Types.

Administrative and Professional Services

Agricultural and Horticultural Sales (all types)

Animal Sales and Services: Veterinary, Large Animals

Automotive and Equipment: Cleaning

Automotive and Equipment: Fleet Storage

Automotive and Equipment: Parking

Automotive and Equipment: Repairs, Heavy Equipment

Automotive and Equipment: Light Equipment

Automotive and Equipment: Sales/Rentals, Farm Equipment

Automotive and Equipment: Sales/Rentals, Heavy Equipment

Automotive and Equipment: Sales/Rentals, Light Equipment

Automotive and Equipment: Storage, Recreational Vehicles and Boats

Building Maintenance Services

Business Equipment Sales and Services

Business Support Services

Communications Services

Construction Sales and Services (See Section 6300)

Gasoline Sales

Laundry Services

Participant Sports and Recreation: Indoor

Recycling Processing Facilities, Wood and Green Materials

Research Services

Wholesaling, Storage and Distribution: Mini-Warehouses (see Section 6300 and Section 6909)

c. Industrial Use Types.

Custom Manufacturing (see Section 6300)

d. Agricultural Use Types.

Horticulture (all types)

Tree Crops

Row and Field Crops

Packing and Processing (all types)

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 5786 (N.S.) adopted 6-4-80)

(Amended by Ord. No. 6543 (N.S.) adopted 3-2-83)

(Amended by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Amended by Ord. No. 7220 (N.S.) adopted 10-22-86)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

(Amended by Ord. No. 8175 (N.S.) adopted 11-18-92)

(Amended by Ord. No. 8318 (N.S.) adopted 10-27-93)

(Amended by Ord. No. 9935 (N.S.) adopted 4-23-08)

(Amended by Ord. No. 10035 (N.S.) adopted 1-27-10)

2583 PERMITTED USES SUBJECT TO LIMITATIONS.

The following use types are permitted by the M58 Use Regulations subject to the applicable provisions of Section2980. The number in quotes following the use type refers to the subsection of Section 2980 which applies.

a. Commercial Use Types.

Adult Entertainment Establishments "19"

Agricultural Services “14”

Automotive and Equipment: Storage, Nonoperating Vehicles "9"

Cannabis Facilities: Distribution "26" (see Section 6995)

Cannabis Facilities: Manufacturing "26" (see Section 6995)

Cannabis Facilities: Microbusiness "26" (see Section 6995)

Cannabis Facilities: Retail and Consumption Lounges "26" (see Section 6995)

Cannabis Facilities: Testing Laboratory "26" (see Section 6995)

Eating and Drinking Establishments “21”

Food and Beverage Retail Sales "10"

Recycling Collection Facility, Small or Large "2"

Recycling Processing Facility, Light or Heavy "3"

Wholesaling, Storage and Distribution: Heavy "14"

Wholesaling, Storage and Distribution: Light "8"

b. Industrial Use Types.

General Industrial "14"

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 7220 (N.S.) adopted 10-22-86)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

(Amended by Ord. No. 9013 (N.S.) adopted 3-17-99)

(Amended by Ord. No. 9469 (N.S.) adopted 6-12-02)

(Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

(Amended by Ord. No. 11015 (N.S.) adopted 8-19-26)

2584 USES SUBJECT TO A MINOR USE PERMIT.

The following use types are permitted by the M58 Use Regulations upon issuance of a Minor Use Permit.

a. Civic Use Types.

Small Schools

b. Commercial Use Types.

Convenience Sales and Personal Services

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

(Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

2585 USES SUBJECT TO A MAJOR USE PERMIT.

The following use types are permitted by the M58 Use Regulations upon issuance of a Major Use Permit.

a. Civic Use Types.

Administrative Services

Child Care Center

Civic, Fraternal or Religious Assembly

Clinic Services

Cultural Exhibits and Library Services

Major Impact Services and Utilities

b. Commercial Use Types.

Animal Sales and Services: Stockyard Explosive Storage (see Section 6904)

Funeral and Interment Services: Cremating

Participant Sports and Recreation: Outdoor

Scrap Operations (see Section 6300)

Swap Meets

c. Industrial Use Types.

Heavy Industrial (see Section 6300)

d. Agricultural Use Types.

Animal Waste Processing (see Section 6902)

e. Extractive Use Types.

Mining and Processing

Site Preparation

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

(Amended by Ord. No. 7935 (N.S.) adopted 6-19-91)

(Amended by Ord. No. 8318 (N.S.) adopted 10-27-93)

(Amended by Ord. No. 9013 (N.S.) adopted 3-17-99)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

AGRICULTURAL USE REGULATIONS

A70 LIMITED AGRICULTURAL USE REGULATIONS

2700 INTENT.

The provisions of Section 2700 through Section 2709 inclusive, shall be known as the A70 Limited Agricultural Use Regulations. The A70 Use Regulations are intended to create and preserve areas intended primarily for agricultural crop production. Additionally, a limited number of small farm animals may be kept and agricultural products raised on the premises may be processed. Typically, the A70 Use Regulations would be applied to areas throughout the County to protect moderate to high quality agricultural land.

2702 PERMITTED USES.

The following use types are permitted by the A70 Use Regulations:

a. Residential Use Types.

Family Residential

b. Civic Use Types.

Essential Services

Fire Protection Services (see Section 6905)

c. Agricultural Use Types.

Horticulture (all types)

Tree Crops

Row and Field Crops

Packing and Processing: Limited

Organic Materials Processing (see Section 6977)

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

(Amended by Ord. No. 7741 (N.S.) effective 3-28-90 (Urg. Ord.))

(Amended by Ord. No. 9422 (N.S.) adopted 1-9-02)

(Amended by Ord. No. 10067 (N.S.) adopted 8-4-10)

(Amended by Ord. No. 10807 (N.S.) adopted 9-14-22)

2703 PERMITTED USES SUBJECT TO LIMITATIONS.

The following use types are permitted by the A70 Use Regulations subject to the applicable provisions of Section2980. The number in quotes

following the use type refers to the subsection of Section 2980 which applies.

a. Residential Use Types

Mobilehome Residential "18"

b. Commercial Use Types

Animal Sales and Services: Veterinary (Large Animals) "6"

Animal Sales and Services: Veterinary (Small Animals) "6"

Cannabis Facilities: Cultivation "26" (see Section 6995)

Cannabis Facilities: Microbusiness "26" (see Section 6995)

Recycling Collection Facility, Small "2"

Recycling Processing Facility, Wood and Green Materials "3"

c. Agricultural Use Types

Packing and Processing: Small Winery “22” (see Section 6910)

Packing and Processing: Boutique Winery “22” (see Section 6910)

Packing and Processing: Wholesale Limited Winery “22” (see Section 6910)

Packing and Processing: General “23” (see Section 6157)

Organic Materials Processing (see Section 6977)

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 5652 (N.S.) adopted 11-21-79)

(Amended by Ord. No. 5935 (N.S.) adopted 11-19-80)

(Amended by Ord. No. 6783 (N.S.) adopted 5-16-84)

(Amended by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

(Amended by Ord. No. 9940 (N.S.) adopted 6-18-08)

(Amended by Ord. No. 10035 (N.S.) adopted 1-27-10)

(Amended by Ord. No. 10067 (N.S.) adopted 8-4-10)

(Amended by Ord. No. 10463 (N.S.) adopted 4-14-17)

(Amended by Ord. No. 10807 (N.S.) adopted 9-14-22)

(Amended by Ord. No. 11015 (N.S.) adopted 8-19-26)

2704 USES SUBJECT TO A MINOR USE PERMIT.

The following use types are allowed by the A70 Use Regulations upon issuance of a Minor Use Permit.

a. Civic Use Types.

Law Enforcement Services

Minor Impact Utilities

Small Schools

b. Agricultural Use Types.

Farm Labor Camps

Organic Materials Processing (see Section 6977)

c. Commercial Use Types.

Cottage Industries "17" (see Section 6920)

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 5935 (N.S.) adopted 11-19-80)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

(Amended by Ord. No. 7741 (N.S.) effective 3-28-90 (Urg. Ord.))

(Amended by Ord. No. 7768 (N.S.) adopted 6-13-90)

(Amended by Ord. No. 7964 (N.S.) adopted 8-14-91)

(Amended by Ord. No. 8175 (N.S.) adopted 11-18-92)

(Amended by Ord. No. 8271 (N.S.) adopted 6-30-93)

(Amended by Ord. No. 10003 (N.S.) adopted 8-5-09)

(Amended by Ord. No. 10035 (N.S.) adopted 1-27-10)

(Amended by Ord. No. 10807 (N.S.) adopted 9-14-22)

2705 USES SUBJECT TO A MAJOR USE PERMIT.

The following use types are permitted by the A70 Use Regulations upon issuance of a Major Use Permit.

a. Residential Use Types.

Group Residential

b. Civic Use Types.

Administrative Services

Ambulance Services

Child Care Center

Civic, Fraternal or Religious Assembly

Clinic Services

Community Recreation

Cultural Exhibits and Library Services

Group Care

Major Impact Services and Utilities

Parking Services

Postal Services

c. Commercial Use Types.

Agricultural and Horticultural Sales (all types)

Explosive Storage (see Section 6904)

Participant Sports and Recreation: Outdoor

Transient Habitation: Campground (see Section 6450)

Transient Habitation: Resort (see Section 6400)

Organic Materials Processing (see Section 6977)

d. Agricultural Use Types.

Agricultural Equipment Storage

Packing and Processing: Winery

Packing and Processing: Support

Organic Materials Processing (see Section 6977)

e. Extractive Use Types.

Mining and Processing (see Section 6550)

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6134 (N.S.) adopted 7-22-81)

(Amended by Ord. No. 6543 (N.S.) adopted 3-2-83)

(Amended by Ord. No. 6761 (N.S.) adopted 4-25-84)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

(Amended by Ord. No. 6855 (N.S.) adopted 10-10-84)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

(Amended by Ord. No. 10463 (N.S.) adopted 4-14-17)

(Amended by Ord. No. 10807 (N.S.) adopted 9-14-22)

A72 GENERAL AGRICULTURAL USE REGULATIONS

2720 INTENT.

The provisions of Section 2720 through Section 2729, inclusive, shall be known as the A72 General Agricultural Use Regulations. The A72 Use Regulations are intended to create and preserve areas for the raising of crops and animals. Processing of products produced or raised on the premises would be permitted as would certain commercial activities associated with crop and animal raising. Typically, the A72 Use Regulations would be applied to areas distant from large urban centers where the dust, odor, and noise of agricultural operations would not interfere with urban uses, and where urban development would not encroach on agricultural uses.

2722 PERMITTED USES.

The following use types are permitted by the A72 Use Regulations:

a. Residential Use Types.

Family Residential

b. Civic Use Types.

Essential Services

Fire Protection Services (see Section 6905)

Law Enforcement Services (see Section 6905)

c. Agricultural Use Types.

Horticulture (all types)

Tree Crops

Row and Field Crops

Packing and Processing: Limited

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6268 (N.S.) adopted 4-14-82)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

(Amended by Ord. No. 7741 (N.S.) effective 3-28-90 (Urg. Ord.))

(Amended by Ord. No. 9101 (N.S.) adopted 12-8-99)

(Amended by Ord. No. 9422 (N.S.) adopted 1-9-02)

(Amended by Ord. No. 10067 (N.S.) adopted 8-4-10)

2723 PERMITTED USES SUBJECT TO LIMITATIONS.

The following use types are permitted by the A72 Use Regulations subject to the applicable provisions of Section2980. The number in quotes following the use type refers to the subsection of Section 2980 which applies.

a. Residential Use Types

Mobilehome Residential "18"

b. Commercial Use Types

Animal Sales and Services: Veterinary (Large Animals) "6"

Animal Sales and Services: Veterinary (Small Animals) "6"

Cannabis Facilities: Cultivation "26" (see Section 6995)

Cannabis Facilities: Microbusiness "26" (see Section 6995)

Recycling Collection Facility, Small "2"

Recycling Processing Facility, Wood and Green Materials "3"

c. Agricultural Use Types

Packing and Processing: Small Winery “22” (see Section 6910)

Packing and Processing: Boutique Winery “22” (see Section 6910)

Packing and Processing: Wholesale Limited Winery “22” (see Section 6910)

Packing and Processing: General “23” (see Section 6157)

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 5652 (N.S.) adopted 11-21-79)

(Amended by Ord. No. 5935 (N.S.) adopted 11-19-80)

(Amended by Ord. No. 6783 (N.S.) adopted 5-16-84)

(Amended by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

(Amended by Ord. No. 9940 (N.S.) adopted 6-18-08)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

(Amended by Ord. No. 10067 (N.S.) adopted 8-4-10)

(Amended by Ord. No. 10463 (N.S.) adopted 4-14-17)

(Amended by Ord. No. 11015 (N.S.) adopted 8-19-26)

2724 USES SUBJECT TO A MINOR USE PERMIT.

The following use types are allowed by the A72 Use Regulations upon issuance of a Minor Use Permit.

a. Civic Use Types.

Minor Impact Utilities

Small Schools

b. Agricultural Use Types

Farm Labor Camps

c. Commercial Use Types.

Cottage Industries "17" (see Section 6920)

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 5935 (N.S.) adopted 11-19-80)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

(Amended by Ord. No. 7741 (N.S.) effective 3-28-90 (Urg. Ord.))

(Amended by Ord. No. 7768 (N.S.) adopted 6-13-90)

(Amended by Ord. No. 7964 (N.S.) adopted 8-14-91)

(Amended by Ord. No. 8175 (N.S.) adopted 11-18-92)

(Amended by Ord. No. 8271 (N.S.) adopted 6-30-93)

(Amended by Ord. No. 9101 (N.S.) adopted 12-8-99)

(Amended by Ord. No. 10003 (N.S.) adopted 8-5-09)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

2725 USES SUBJECT TO A MAJOR USE PERMIT.

The following use types are permitted by the A72 Use Regulations upon issuance of a Major Use Permit.

a. Residential Use Types.

Group Residential

b. Civic Use types.

Administrative Services

Ambulance Services

Child Care Center

Civic, Fraternal or Religious Assembly

Clinic Services

Community Recreation

Cultural Exhibits and Library Services

Group Care

Major Impact Services and Utilities

Parking Services

Postal Services

c. Commercial Use Types.

Agricultural and Horticultural Sales (all types)

Animal Sales and Services: Auctioning

Explosive Storage (see Section 6904)

Gasoline Sales

Participant Sports and Recreation: Outdoor

Transient Habitation: Campground (see Section 6450)

Transient Habitation: Resort (see Section 6400)

d. Agricultural Use Types.

Agricultural Equipment Storage

Animal Waste Processing (see Section 6902)

Packing and Processing: Winery

Packing and Processing: Support

e. Extractive Use Types.

Mining and Processing (see Section 6550)

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6543 (N.S.) adopted 3-2-83)

(Amended by Ord. No. 6761 (N.S.) adopted 4-25-84)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

(Amended by Ord. No. 6855 (N.S.) adopted 10-10-84)

(Amended by Ord. No. 9690 (N.S.) adopted 12-15-04)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

(Amended by Ord. No. 10463 (N.S.) adopted 4-14-17)

SPECIAL PURPOSE REGULATIONS

S80 OPEN SPACE USE REGULATIONS

2800 INTENT.

The provisions of Section 2800 through Section 2809, inclusive, shall be known as the S80 Open Space Use Regulations. The S80 Open Space Use Regulations are intended to provide for appropriate controls for land generally unsuitable for intensive development. Typically, the S80 Use Regulations would be applied in both urban and rural environments to hazard or resource areas, public lands, recreation areas, or lands subject to open space easement or similar restrictions. Uses permitted within the S80 Use Regulations include those having a minimal impact on the natural environment, or those compatible with the hazards, resources, or other restrictions on the property. Various applications of the S80 Use Regulations with appropriate development designators can create or protect areas of very large residential parcels, agricultural areas, recreation areas, or limited use areas having identified hazards or resources.

2801 SITE PLAN REVIEW REQUIRED.

All development within areas subject to the S80 Open Space Regulations shall require site plan review in accordance with the Site Plan Review Procedure commencing at Section 7150 and the following guidelines.

a. Content of the Site Plan. A site plan required by this section shall contain such maps, plans, drawings, and sketches as are necessary to show the location, size and use of all proposed buildings and structures and their relationship to the significant physical features located on the development site.

b. Relationship to Subdivision Ordinance. Any tentative map or tentative parcel map which is required by the Subdivision Ordinance shall be used to the maximum extent possible in satisfying the requirements of subsection "a" of this section.

c. Standards and Criteria. The placement and siting of the proposed structures and buildings shall preserve the open space value of the development site, avoid degradation of the significant physical features located on the development site, and avoid hazards.

2802 PERMITTED USES.

The following use types are permitted by the S80 Use Regulations:

a. Residential Use Types.

Family Residential

b. Civic Use Types.

Essential Services

Fire Protection Services (see Section 6905)

c. Agricultural Use Types.

Horticulture (All Types)

Tree Crops

Row and Field Crops

Packing and Processing: Limited

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

2803 PERMITTED USES SUBJECT TO LIMITATIONS.

The following use types are permitted by the S80 Use Regulations subject to the applicable provisions of Section2980. The number in quotes following the use type refers to the subsection of Section 2980 which applies.

a. Commercial Use Types.

Recycling Collection Facility, Small or Large "2"

Recycling Processing Facility, Wood and Green Materials "3"

(Added by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

2804 USES SUBJECT TO A MINOR USE PERMIT.

The following use types are allowed by the S80 Use Regulations upon issuance of a Minor Use Permit.

a. Civic Use Types.

Minor Impact Utilities

Small Schools

b. Agricultural Use Types

Farm Labor Camps

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

(Amended by Ord. No 10003 (N.S.) adopted 8-5-09)

2805 USES SUBJECT TO A MAJOR USE PERMIT.

The following use types are permitted by the S80 Use Regulations upon issuance of a Major Use Permit.

a. Civic Use Types.

Administrative Services

Ambulance Services

Child Care Center

Civic, Fraternal or Religious Assembly

Clinic Services

Community Recreation

Cultural Exhibits and Library Services

Major Impact Services and Utilities

Parking Services

Postal Services

b. Commercial Use Types.

Automobile and Equipment: Parking

Explosive Storage (see Section 6904)

Participant Sports and Recreation: Outdoor

c. Extractive Use Types.

Mining and Processing (see Section 6550)

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

S81 ECOLOGICAL RESOURCE AREA REGULATIONS

(Repealed by Ord. No. 10697 (N.S.) adopted 11-18-20, effective 03-15-21)

S82 EXTRACTIVE USE REGULATIONS

2820 INTENT.

The provisions of Section 2820 through Section 2829, inclusive, shall be known as the S82 Extractive Use Regulations. The S82 Use Regulations are intended to identify and create areas within the County where mining, quarrying, or oil extractive uses are permitted. Typically, the S82 Use Regulations would be applied to areas of mineral deposits, to signify the presence of such deposit and notify adjacent or affected properties of the intention to allow extraction of minerals within the zone. They may be used to preserve areas with valuable mineral deposits until extraction can take place. Special regulations are to be imposed governing the conduct of mineral extraction, associated operating characteristics, and care of the site at conclusion of the extraction operation.

2822 PERMITTED USES.

The following use types are permitted by the S82 Use Regulations:

a. Civic Use Types.

Essential Services

Fire Protection Services (see Section 6905)

b. Agricultural Use Types.

Horticulture (all types)

Tree Crops

Row and Field Crops

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

2823 PERMITTED USES SUBJECT TO LIMITATIONS.

The following use types are permitted by the S82 Use Regulations subject to the applicable provisions of Section2980. The number in quotes following the use type refers to the subsection of Section 2980 which applies.

a. Commercial Use Types.

Recycling Collection Facility, Small or Large "2"

Recycling Processing Facility, Wood and Green Materials "3"

(Added by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

2824 USES SUBJECT TO A MINOR USE PERMIT.

The following use types are permitted by the S82 Use Regulations upon issuance of a Minor Use Permit.

a. Civic Use Types.

Law Enforcement Services

Minor Impact Utilities

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 8175 (N.S.) adopted 11-19-92)

2825 USES SUBJECT TO A MAJOR USE PERMIT.

The following use types are permitted by the S82 Use Regulations upon issuance of a Major Use Permit.

a. Civic Use Types.

Administrative Services

Ambulance Services

Civic, Fraternal or Religious Assembly

Clinic Services

Community Recreation

Cultural Exhibits and Library Services

Major Impact Services and Utilities

Parking Services

Postal Services

b. Commercial Use Types.

Automotive and Equipment: Nonoperating Vehicle Storage

Explosive Storage (see Section 6904)

Participant Sports and Recreation: Outdoor Scrap Operation (see Section 6300)

c. Extractive Use Types.

Mining and Processing (see Section 6550)

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

S86 PARKING USE REGULATIONS

2860 INTENT.

The provisions of Section 2860 through Section 2869, inclusive, shall be known as the S86 Parking Use Regulations. The S86 Use Regulations are intended to identify and create areas for automotive parking in association with another dominant land use. Typically, the S86 Use Regulation would be applied to assure a physical separation between one type of use and another, or to accommodate off-street parking requirements for commercial or industrial uses. Various applications of the S86 Use Regulations with appropriate development designators can create small buffer areas between uses or large parking areas designed to satisfy parking needs of a major commercial or industrial complex.

2862 PERMITTED USES.

The following use types are permitted by the S86 Use Regulations:

a. Civic Use Types.

Essential Services

Fire Protection Services (see Section 6905)

Parking Services

b. Commercial Use Types.

Automotive and Equipment: Parking

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

2863 PERMITTED USES SUBJECT TO LIMITATIONS.

The following use types are permitted by the S86 Use Regulations subject to the applicable provisions of Section2980. The number in quotes following the use type refers to the subsection of Section 2980 which applies.

a. Commercial Use Types.

Recycling Collection Facility, Small or Large "2"

Recycling Processing Facility, Wood or Green Materials "3"

(Added by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

2864 USES SUBJECT TO A MINOR USE PERMIT.

The following use types are permitted by the S86 Use Regulations upon issuance of a Minor Use Permit.

a. Civic Use Types.

Law Enforcement Services

Minor Impact Utilities

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 8175 (N.S.) adopted 11-18-92)

2865 USES SUBJECT TO A MAJOR USE PERMIT.

The following use types are permitted by the S86 Use Regulations upon issuance of a Major Use Permit.

a. Extractive Use Types.

Site Preparation

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

S88 SPECIFIC PLANNING AREA USE REGULATIONS

2880 INTENT.

The provisions of Section 2880 through Section 2889, inclusive, shall be known as the S88 Specific Planning Area Use Regulations. The S88 Use Regulations are intended to accommodate Specific Plan areas shown on the San Diego County General Plan or on those lands for which a Specific Plan has been adopted by the Board of Supervisors pursuant to the Government Code. Application of the S88 Use Regulations can create an unlimited variety of land uses in conformance with the General Plan.

2882 PERMITTED USES.

Until a Specific Plan applicable to the property is adopted, the following use types are permitted by the S88 Use Regulations:

a. Residential Use Types.

Family Residential

b. Civic Use Types.

Essential Services

Fire Protection Services (see Section 6905)

c. Agricultural Use Types.

Horticulture (all types)

Tree Crops

Row and Field Crops

Packing and Processing: Limited

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95)

2883 PERMITTED USES SUBJECT TO LIMITATIONS.

Until a Specific Plan applicable to the property is adopted, the following use types are permitted by the S88 Use Regulations subject to the applicable provisions of Section 2980. The number in quotes following the use type refers to the subsection of Section2980 which applies.

a. Commercial Use Types.

Recycling Collection Facility, Small or Large "2"

Recycling Processing Facility, Wood and Green Material "3"

b. Agricultural Use Types.

Packing and Processing: General “23”

(Added by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Added by Ord. No. 8058 (N.S.) adopted 4-15-92)

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95)

(Amended by Ord. No. 10463 (N.S.) 4-14-17)

2884 USES SUBJECT TO A MINOR USE PERMIT.

Until a Specific Plan applicable to the property is adopted, the following use types are allowed by the S88 Use Regulations upon issuance of a Minor Use Permit.

a. Civic Use Types.

Law Enforcement Services.

Minor Impact Utilities

b. Agricultural Use Types

Farm Labor Camps

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 5935 (N.S.) adopted 11-19-80)

(Amended by Ord. No. 7768 (N.S.) adopted 6-13-90)

(Amended by Ord. No. 8175 (N.S.) adopted 11-18-92)

(Amended by Ord. No. 8271 (N.S.) adopted 6-30-93)

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95)

(Amended by Ord. No. 10003 (N.S.) adopted 8-5-09)

2885 USES SUBJECT TO A MAJOR USE PERMIT.

Until a Specific Plan applicable to the property is adopted, the following use types are permitted by the S88 Use Regulations upon issuance of a Major Use Permit.

a. Agricultural Use Types.

Packing and Processing: Winery

Packing and Processing: Support

b. Extractive Use Types.

Site Preparation

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6761 (N.S.) adopted 4-25-84)

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95)

(Amended by Ord. No. 10463 (N.S.) adopted 4-17-17)

2887 SPECIFIC PLANS

If a Specific Plan has been adopted for property which is also subject to the S88 Specific Planning Area Use Regulations, any provisions of the Specific Plan relating to subjects contained in the Animal Regulations at Part Three (commencing at Section 3000), the Development Regulations at Part Four (commencing at Section 4000), the Special Area Regulations at Part Five (commencing at Section5000), and/or the General Regulations at Part Six (commencing at Section 6000), of The Zoning Ordinance, shall prevail over The Zoning Ordinance regulations to the extent of any conflict between them.

(Added by Ord. No. 8581 (N.S.) adopted 9-20-95)

2888 SPECIAL PROVISIONS AND LIMITATIONS: S88 USE REGULATIONS.

a. Prior to adoption of a Specific Plan, a Major Use Permit may be granted pursuant to the S88 Use Regulations to authorize, for a

specified period of time, any use not involving a significant investment in buildings, structures, or other improvements. Alternatively, a Major Use Permit may be granted for any use pursuant to a bonded agreement in an amount sufficient to ensure the removal of all buildings, structures, and other improvements within a specified time and/or under specified conditions when the decision-making body finds that such agreement will carry out the intent of this Ordinance and is enforceable by the County.

b. Following the adoption of a Specific Plan, any use set forth in the Specific Plan is permitted by the S88 Specific Planning Area Use Regulations.

c. All uses established pursuant to an applicable Specific Plan shall be subject to all of the conditions and restrictions set forth in the Specific Plan, and said Specific Plan conditions and restrictions concerning uses shall prevail over The Zoning Ordinance regulations to the extent of any conflict between them.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 7935 (N.S.) adopted 6-19-91)

(Amended by Ord. No. 8506 (N.S.) adopted 3-1-95)

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95)

2889 CALIFORNIA COASTAL ZONE: AGRICULTURAL LAND.

(Repealed by Ord. No. 10697 (N.S.) adopted 11-18-20, effective 03-15-21))

S90 HOLDING AREA USE REGULATIONS

2900 INTENT.

The provisions of Section 2900 through Section 2909 shall be known as the Holding Area Use Regulations. The Holding Area Use Regulations are intended to prevent isolated or premature land uses from occurring on lands for which adequate public services and facilities are unavailable or for which the determination of the appropriate zoning regulations is precluded by contemplated or adopted planning proposals or by a lack of economic, demographic, geographic, or other data. It is intended that the Holding Area Use Regulations will be replaced by other use regulations when the aforementioned conditions no longer exist. The uses permitted are those which are community services, interim uses, or uses which, with appropriate development designators, will not prematurely commit the land to a particular use or intensity of development.

2902 PERMITTED USES.

The following use types are permitted by the S90 Use Regulations:

a. Residential Use Types.

Family Residential

b. Civic Use Types.

Essential Services

Fire Protection Services (see Section 6905)

c. Agricultural Use Types.

Horticulture (all types)

Tree Crops

Row and Field Crops

Packing and Processing: Limited

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

2903 PERMITTED USES SUBJECT TO LIMITATIONS.

The following use types are permitted by the S90 Use Regulations subject to the applicable provisions of Section2980. The number in quotes following the use type refers to the subsection of Section 2980 which applies.

a. Commercial Use Types.

Recycling Collection Facility, Small or Large "2"

Recycling Processing Facility, Wood or Green Materials "3"

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 5652 (N.S.) adopted 11-21-79)

(Amended by Ord. No. 5935 (N.S.) adopted 11-19-80)

(Amended by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

2904 USES SUBJECT TO A MINOR USE PERMIT.

The following use types are allowed by the S90 Use Regulations upon issuance of a Minor Use Permit.

a. Civic Use Types.

Law Enforcement Services

Minor Impact Utilities

Small Schools

b. Agricultural Use Types

Farm Labor Camps

c. Commercial Use Types

Cottage Industries "17" (see Section 6920)

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 5935 (N.S.) adopted 11-19-80)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

(Amended by Ord. No. 7768 (N.S.) adopted 6-13-90)

(Amended by Ord. No. 8175 (N.S.) adopted 11-18-92)

(Amended by Ord. No. 8271 (N.S.) adopted 6-30-93)

(Amended by Ord. No 10003 (N.S.) adopted 8-5-09)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

2905 USES SUBJECT TO A MAJOR USE PERMIT.

The following use types are permitted by the S90 Use Regulations upon issuance of a Major Use Permit.

a. Residential Use Types.

Group Residential

b. Civic Use Types.

Administrative Services

Ambulance Services

Child Care Center

Civic, Fraternal or Religious Assembly

Clinic Services

Community Recreation

Cultural Exhibits and Library Services

Group Care

Major Impact Services and Utilities

Parking Services

Postal Services

c. Commercial Use Types.

Agricultural and Horticultural Sales (all types)

Agricultural Services

Explosive Storage (see Section 6904)

Participant Sports and Recreation: Outdoor

Transient Habitation: Campground (see Section 6450)

Transient Habitation: Resort (see Section 6400)

d. Extractive Use Types.

Mining and Processing (see Section 6550)

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6543 (N.S.) adopted 3-2-83)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

2908 SPECIAL PROVISIONS AND LIMITATIONS: S90 USE REGULATIONS.

a. A Major or Minor Use Permit may be continued, modified, reinstated, or renewed for any use which, prior to the application of the S90 Holding Area Use Regulations on the subject property, was permitted pursuant to a duly authorized use permit.

b. A Major Use Permit may be granted to authorize, for a specified period of time, any use not involving a significant investment in buildings, structures, or other improvements. Alternatively, a Major Use Permit may be granted for any use pursuant to a bonded agreement in an amount sufficient to ensure the removal of all buildings, structures, and other improvements within a specified time and/or under specified conditions when the decision-making body finds that such agreement will carry out the intent of this Ordinance and is enforceable by the County.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 8506 (N.S.) adopted 3-1-95)

S92 GENERAL RURAL USE REGULATIONS

2920 INTENT.

The provisions of Section 2920 through Section 2929, inclusive, shall be known as the S92 General Rural Use Regulations. The S92 Use Regulations are intended to provide appropriate controls for land which is: rugged terrain, watershed, dependent on ground water for a water supply, desert, susceptible to fires and erosion, or subject to other environmental constraints. Various applications of the S92 Use Regulations with appropriate development designators can create or protect areas suitable for low intensity recreational uses, residences on very large parcels, animal grazing, and other uses consistent with the intent of this Section.

(Added by Ord. 5508 (N.S.) adopted 5-16-79)

2922 PERMITTED USES.

The following use types are permitted by the S92 Use Regulations:

a. Residential Use Types.

Family Residential

b. Civic Use Types.

Essential Services

Fire Protection Services (see Section 6905)

Law Enforcement Services (see Section 6905)

c. Agricultural Use Types.

Horticulture (All Types)

Tree Crops

Row and Field Crops

Packing and Processing: Limited

(Added by Ord. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

(Amended by Ord. No. 7741 (N.S.) effective 3-28-90 (Urg. Ord.))

(Amended by Ord. No. 9101 (N.S.) adopted 12-8-99)

2923 PERMITTED USES SUBJECT TO LIMITATIONS.

The following use types are permitted by the S92 Use Regulations subject to the applicable provisions of Section2980. The number in quotes following the use type refers to the subsection of Section 2980 which applies.

a. Commercial Use Types.

Animal Sales and Services: Veterinary (Large Animals) "6"

Animal Sales and Services: Veterinary (Small Animals) "6"

Recycling Collection Facility, Small or Large "2"

Recycling Processing Facility, Wood and Green Materials "3"

b. Agricultural Use Types.

Packing and Processing: Small Winery “22” (see Section 6910)

Packing and Processing: Boutique Winery “22” (see Section 6910)

Packing and Processing: Wholesale Limited Winery “22” (see Section 6910)

Packing and Processing: General “23” (see Section 6157)

(Added by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 5652 (N.S.) adopted 11-21-79)

(Amended by Ord. No. 5935 (N.S.) adopted 11-19-80)

(Amended by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

(Amended by Ord. No. 10463 (N.S.) adopted 4-14-17)

2925 USES SUBJECT TO A MINOR USE PERMIT.

The following use types are allowed by the S92 Use Regulations upon issuance of a Minor Use Permit.

a. Civic Use Types.

Minor Impact Utilities

Small Schools

b. Agricultural Use Types

Farm Labor Camps

c. Commercial Use Types

Cottage Industries “17” (see 6920)

(Added by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 5935 (N.S.) adopted 11-19-80)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

(Amended by Ord. No. 7741 (N.S.) effective 3-28-90 (Urg. Ord.))

(Amended by Ord. No. 7768 (N.S.) adopted 6-13-90)

(Amended by Ord. No. 7964 (N.S.) adopted 8-14-91)

(Amended by Ord. No. 8175 (N.S.) adopted 11-18-92)

(Amended by Ord. No. 8271 (N.S.) adopted 6-30-93)

(Amended by Ord. No. 9101 (N.S.) adopted 12-8-99)

(Amended by Ord. No. 10003 (N.S.) adopted 8-5-09)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

2926 USES SUBJECT TO A MAJOR USE PERMIT.

The following use types are permitted by the S92 Use Regulations upon issuance of a Major Use Permit.

a. Residential Use Types.

Group Residential

b. Civic Use Types.

Administrative Services

Ambulance Services

Child Care Center

Civic, Fraternal or Religious Assembly

Clinic Services

Community Recreation

Cultural Exhibits and Library Services

Group Care

Major Impact Services and Utilities

Parking Services

Postal Services

c. Commercial Use Types.

Agricultural and Horticultural Sales (all types)

Explosive Storage (see Section 6904)

Participant Sports and Recreation: Outdoor

Transient Habitation: Campground (see Section 6450)

Transient Habitation: Resort (see Section 6400)

d. Agricultural Use Types.

Animal Waste Processing (see Section 6902)

Packing and Processing: Winery

Packing and Processing: Support

e. Extractive Use Types.

Mining and Processing (see Section 6550)

(Added by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6543 (N.S.) adopted 3-2-83)

(Amended by Ord. No. 6761 (N.S.) adopted 4-25-84 (Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09 (Amended by Ord. No. 10463 (N.S.) adopted 4-14-17)

S94 TRANSPORTATION AND UTILITY CORRIDOR USE REGULATIONS

2940 INTENT.

The provisions of Section 2940 through 2949, inclusive, shall be known as the S94 Transportation and Utility Corridor Use Regulations. The S94 Use Regulations are intended to create and protect corridors for existing or future highways, railways, pipelines, other modes of transportation, and facilities for transmission of electricity, gas, water and other materials and forms of energy. The S94 Use Regulations are designed in recognition of the fact that transportation and utility facilities can cause adverse impacts on surrounding residents and properties including, for example, noise, vibration, emissions, pollutants, odors, visual appearance, detraction from natural scenic values, electrical interference, and potential for hazards and disasters. Some facilities can also be adversely affected by incompatible uses nearby. It is intended that these and other regulations be applied in a manner that will create sufficient open space or buffering along corridors to mitigate any adverse impacts of the facilities. The uses permitted are those which will not detract from the corridor's primary purpose, will not involve large, permanent concentrations of people, and will not adversely affect surrounding residents and properties. Various applications of the S94 Use Regulations with appropriate development designators can preserve future corridors while allowing appropriate interim uses, and permit suitable uses of land under powerlines, over buried pipelines, or alongside railroads or highways.

2942 PERMITTED USES.

The following use types are permitted by the S94 Use Regulations:

a. Civic Use Types.

Essential Services

Fire Protection Services (see Section 6905)

b. Agricultural Use Types.

Horticulture (all types)

Tree Crops

Row and Field Crops

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

2943 PERMITTED USES SUBJECT TO LIMITATIONS.

The following use types are permitted by the S94 Use Regulations subject to the applicable provisions of Section2980. The number in quotes following the use type refers to the subsection of Section 2980 which applies.

a. Commercial Use Types.

Recycling Collection Facility, Small or Large "2"

Recycling Processing Facility, Wood and Green Materials "3"

(Added by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

2944 USES SUBJECT TO A MINOR USE PERMIT.

The following use types are permitted by the S94 Use Regulations upon issuance of a Minor Use Permit.

a. Civic Use Types.

Law Enforcement Services

Minor Impact Utilities

Parking Services

b. Commercial Use Types.

Automotive and Equipment: Parking

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 8175 (N.S.) adopted 11-18-92)

2945 USES SUBJECT TO A MAJOR USE PERMIT.

The following use types are permitted by the S94 Use Regulations upon issuance of a Major Use Permit.

a. Civic Use Types.

Administrative Services

Ambulance Services

Community Recreation

Cultural Exhibits and Library Services

Major Impact Services and Utilities

Postal Services

b. Commercial Use Types.

Agricultural and Horticultural Sales (all types)

Agricultural Services

Participant Sports and Recreation: Outdoor

Transient Habitation: Campground (see Section 6450)

c. Extractive Use Types.

Mining and Processing (see Section 6550)

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 5612 (N.S.) adopted 10-10-79)

(Amended by Ord. No. 6543 (N.S.) adopted 3-2-83)

2948 SPECIAL PROVISIONS AND LIMITATIONS: S94 USE REGULATIONS.

a. A Major Use Permit may be granted pursuant to the S94 Use Regulations to authorize, for a specified period of time, any use not involving a significant investment in buildings, structures, or other improvements. Alternatively, a Major Use Permit may be granted for any use pursuant to a bonded agreement in an amount sufficient to ensure the removal of all buildings, structures, and other improvements within a specified time and/or under specified conditions when the decision-making body finds that such agreement will carry out the intent of this Ordinance and is enforceable by the County.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 8506 (N.S.) adopted 3-1-95)

2950 SOLID WASTE FACILITY (SWF)

On November 8, 1994, the voters adopted County of San Diego Proposition C, an initiative that created the SWF zoning classification, applied it to the Gregory Canyon site and described a new class III solid waste landfill (the Project). *

The SWF zoning classification shall allow the Project without the need for any permits from the County of San Diego except the Water Course Alteration Permit, Bridge Permit, Grading Permit and Building Permit.

• This unadopted introductory paragraph is provided for informational purposes.

On June 6, 2010, the voters adopted County of San Diego Proposition A, an initiative that applied the SWF zoning classification to the East Otay Mesa site and described a new recycling collection center and class III solid waste landfill (the Project).**

The SWF zoning classification allows the development of the Project without the need for any permits from the County of San Diego except a Grading Permit and Building Permit.

** This unadopted introductory paragraph is provided for informational purposes.

SUPPLEMENTAL LIMITATIONS ON USES.

2980 LIMITATIONS ON PERMITTED USES.

The following limitations apply to the uses indicated by the corresponding number in quotes in the previous sections entitled "Permitted Uses Subject to Limitations."

"1" Dwellings as Secondary Uses. Limited to dwellings which are secondary uses of a structure, lot or parcel primarily used for business purposes.

"2" Recycling Collection Facilities shall comply with the applicable provisions of Section6970.

"3" Recycling Processing Facilities shall comply with the applicable provisions of Section6975.

"4" Secondary Use. Permitted only as a secondary use within a dwelling. No such use shall have a floor area greater than the floor area devoted to residential purposes.

"5" Same Lot. Permitted only if located on the same lot as the industrial use it serves.

"6" Veterinary Hospitals. Hospital must be located on a parcel of land not less than 2 acres in size. Indoor treatment areas must be located at least 100 feet from the nearest property line, and out door treatment or confinement areas must be located at least 200 feet from the nearest property line. If a proposed Hospital does not meet any of these requirements it may be allowed upon issuance of a Minor Use Permit.

"7" Limitation on Enclosed Storage. All operations, including the storage of materials and equipment, shall be entirely within an enclosed building, and the area devoted to storage shall not be greater than the area devoted to sales and administrative offices.

"8" Enclosed Building. All operations, including the storage of materials and equipment, shall be entirely within an enclosed building.

"9" Enclosed Building or Walls. All operations, including the storage of materials and equipment, shall be entirely within an enclosed building or inside walls or solid fences less than 6 feet in height.

"10" Retail Establishments. Limited to retail establishments intended for the convenience of permitted establishments and/or clients thereof, provided no such retail establishment occupies more than 15 percent of the total floor area of the building in which it is located and has no entrance except from the lobby or interior of said building, or from a patio entirely surrounded by said building.

"11" Insurance and Real Estate Offices. Limited to insurance and real estate offices as a secondary use within a dwelling. No such office shall have a floor area greater than the floor area devoted to residential purposes.

"12" Gasoline Sales. There shall be no open storage of goods or materials, and all repair and lubrication services shall take place in an enclosed building.

"13" Drycleaning Plants and Laundries. Limited to drycleaning plants and laundries which provide retail services only, use only non- flammable solvents, and employ not more than 10 people.

"14" Performance Standards. Subject to meeting the applicable provisions of the performance standards specified in Section6300.

"15" Performance Standards and Power. Subject to meeting the applicable provisions of the performance standards specified in Section 6300. Prior to the installation or operation of electric or other power sources in excess of 20 horsepower, the proposed use shall be reviewed pursuant to Section 6304 and the Director shall certify that the use complies with the applicable performance standards.

"16" Animal Related Activities. Animal related activities may be permitted subject to the Animal Regulations commencing at Section3000.

"17" Cottage Industries. Permitted subject to the provisions of Section6920.

"18" Mobilehome Residential. Subject to the Mobilehome Park Regulations commencing at Section6500 or the Planned Development Standards commencing at Section 6600.

"19" Adult Entertainment Establishments. Subject to meeting the applicable provisions of the regulations and performance standards specified in Section 6930 and upon issuance of an Administrative Permit as specified in Section6930.

"20" Secondary Use: On building sites 5 acres or less in size, the use shall be restricted to locations above the first story of a building or buildings the first story of which is reserved for permitted principal uses. On building sites larger than 5 acres, the use may, as an alternate to the foregoing, be located in a building or buildings intended and located solely for secondary uses provided that not less than 50 percent of the site area is devoted exclusively to permitted principal uses.

"21" Eating and Drinking Establishments. Allowed upon issuance of a Minor Use Permit, except when accessory to a Brewery or Microbrewery, then allowed upon issuance of an Administrative Permit subject to the provisions of Section 6158.j.

Eating and Drinking Establishments in M56 Use Regulations. Notwithstanding Section2566, the provisions of “10” apply, however for additional area see Section 6158.j.

“22” Small, Boutique and Wholesale Limited Wineries. Allowed subject to the provisions of Section6910.

“23” Packing and Processing: General. Allowed as an accessory use to Commercial Agriculture subject to the provisions of Section6157.g. Allowed as a primary use of a property upon issuance of a Major Use Permit.

“24” Organic Materials Processing. Allowed subject to the provisions of Section6977.

“25” Low Barrier Navigation Centers: Allowed by-right subject to the provisions of Section6915

"26" Cannabis Facilities: Allowed subject to the provisions of Section 6995.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 5612 (N.S.) adopted 10-10-79)

(Amended by Ord. No. 5652 (N.S.) adopted 11-21-79)

(Amended by Ord. No. 5786 (N.S.) adopted 6-4-80)

(Amended by Ord. No. 5840 (N.S.) adopted 7-30-80)

(Amended by Ord. No. 5935 (N.S.) adopted 11-19-80)

(Amended by Ord. No. 6743 (N.S.) effective 1-11-85)

(Amended by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Amended by Ord. No. 6983 (N.S.) adopted 07-03-85)

(Amended by Ord. No. 7649 (N.S.) adopted 07-17-89)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

(Amended by Ord. No. 8166 (N.S.) adopted 10-21-92)

(Amended by Ord. No. 9469 (N.S.) adopted 6-12-02)

(Amended by Ord. No. 9935 (N.S.) adopted 4-23-08)

(Amended by Ord. No. 9940 (N.S.) adopted 6-18-08)

(Amended by Ord. No. 10067 (N.S.) adopted 8-4-10)

(Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

(Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

(Amended by Ord. No. 10463 (N.S.) adopted 4-14-17)

(Amended by Ord. No. 10807 (N.S.) adopted 9-14-22)

(Amended by Ord. No. 10858 (N.S.) adopted 7-19-23)

(Amended by Ord. No. 11015 (N.S.) adopted 8-19-26)

USE MATRIX

2990 USE MATRIX.

The Director shall prepare and cause to be inserted in copies of the Zoning Ordinance, an official Use Matrix which expresses in graphic form the Use Regulations contained in Sections 2100 through 2989, inclusive.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 10463 (N.S.) adopted 4-14-17)

(Amended by Ord. No.10807 (N.S.) adopted 9-14-22)

(Amended by Ord. No. 10858 (N.S.) adopted 7-19-23)

(Amended by Ord. No. 11015 (N.S.) adopted 8-19-26)

USE & ENCLOSURE MATRIX

Link to Use and Enclosure Matrix (6 pages) click here

SUMMARY PREPARED PURSUANT TO SECTIONS 2990 AND 6816

NOTE: This matrix is a summary only. For complete regulations see appropriate sections of The Zoning Ordinance. In case of conflict between the provisions graphically represented in this matrix and the provisions set forth in the text of The Zoning Ordinance, the provisions of The Zoning Ordinance shall apply.

PART THREE: ANIMAL REGULATIONS

GENERAL PROVISIONS

3000 TITLE AND PURPOSE.

The provisions of Section 3000 through Section 3999, inclusive, shall be known as the Animal Regulations. The purpose of these provisions is to replace the Use Regulations pertaining to the keeping of animals with provisions regulating the density of animals and the setbacks of animal enclosures in order to achieve the varying objectives of the County's urban and rural areas and the individual needs of different

communities and neighborhoods regarding the quality of the environment. (These regulations were formerly a part of the Neighborhood Regulations.)

(Amended by Ord. No. 8166 (N.S.) adopted 10-21-92)

3010 ANIMAL REGULATIONS AS PART OF ZONE.

An Animal Designator, if required pursuant to these regulations, together with a Use Designator, as specified in Section2000 through Section 2999, inclusive; a Development Designator, as specified in Section 4000 through Section 4999, inclusive; and any Special Area Designator, as specified in Section 5000 through 5999, inclusive; shall together describe a zone which conveys regulations of uses, buildings and other structures within San Diego County.

(Amended by Ord No. 8166 (N.S.) adopted 10-21-92)

3020 LIMITATION ON SELECTION OF ANIMAL DESIGNATORS.

Animal Designators shall be limited to those specified in the schedule(s) within these regulations. Alterations to such schedule(s) shall be made pursuant to the conditions and subject to the provisions of the Zoning Ordinance Amendment Procedure commencing at Section 7500.

(Amended by Ord. No. 8166 (N.S.) adopted 10-21-92)

3025 ANIMAL DESIGNATORS.

All applications of the Animal Regulations shall contain designators appropriate and auxiliary to the zone's use regulations. When a designator is not included for the Animal Regulations, a dash ("-") shall occupy the location normally occupied by the designator to indicate that no animals are allowed other than those not subject to the Animal Schedule at Section 3110 as described in the "Notes" applicable to said schedule .

(Amended by Ord. No. 5976 (N.S.) adopted 1-28-81)

(Amended by Ord. No. 7432 (N.S.) adopted 1-06-88)

(Amended by Ord. No. 8166 (N.S.) adopted 10-21-92)

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95)

3030 CHANGES IN ANIMAL REGULATIONS.

Exceptions to the regulations specified within the Animal Regulations shall be subject to the provisions of the Variance Procedure commencing at Section 7100 or the Use Permit Procedure commencing at Section7350. Change of designators specified within Animal Regulations shall be subject to the provisions of the Zoning Ordinance Amendment Procedure commencing at Section 7500.

(Amended by Ord. No. 7432 (N.S.) adopted 1-06-88)

(Amended by Ord. No. 8166 (N.S.) adopted 10-21-92)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

3035 DESCRIPTION OF DESIGNATOR.

The Animal Designator shall be indicated by a capital letter referring to the corresponding row in the Animal Schedule at Section3100. The Animal Schedule shall specify the restrictions and density ranges for animal use types as well as the applicable column of the Animal Enclosure Setback Table at Section 3112.

(Repealed and Reenacted by Ord. No. 8166 (N.S.) adopted 10-21-92)

3040 SPECIFIC PLANS

If a Specific Plan has been adopted for property which is also subject to the S88 Specific Planning Area Use Regulations, any provisions of the Specific Plan relating to subjects contained in the Animal Regulations in this part shall prevail over The Zoning Ordinance regulations to the extent of any conflict between them.

(Added by Ord. No. 8581 (N.S.) adopted 9-20-95)

3100 ANIMAL SCHEDULE.

Animal designators used within the Animal Regulations shall be limited to those in the following Animal Schedule. The Animal Schedule is incorporated into this section, and all references to this section shall include references to it.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 5786 (N.S.) adopted 6-4-80)

(Amended by Ord. No. 6268 (N.S.) adopted 4-14-82)

(Amended by Ord. No. 6761 (N.S.) adopted 4-25-84)

(Amended by Ord. No. 7432 (N.S.) adopted 1-06-88)

(Amended by Ord. No. 7740 (N.S.) adopted 3-28-90)

(Repealed and Reenacted by Ord. No. 8166 (N.S.) adopted 10-21-92)

(Amended by Ord. No. 9935 (N.S.) adopted 4-23-08)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

(Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

(Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

(Amended by Ord. No. 10285 (N.S.) adopted 9-11-13)

(Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

(Amended by Ord. No. 10463 (N.S.) adopted 4-14-17)

Animal Schedule

(Part of Section 3100)

ANIMAL USE DESIGNATOR TYPE Restrictions and Density Range A B C D E F G H I J K L M N O P Q R S T U V W X (See Note 4)

ANIMAL USE DESIGNATOR TYPE Restrictions and Density Range A B C D E F G H I J K L M N O P Q R S T U V W X (See Note 4)

ANIMAL SALES AND SERVICES:

Permitted X X X X X X

Boarding of and
riding lessons for up
to 3 horses not X X X X X X X X X
owned by the
property owner

10 Horses per acre
of usable area up to
50 horses and 5 X X X X X X X X X
acres +ZoningHORSE STABLE
Verification

(see Section 3130) 10 Horses per acre of usable area up to 100 horses and 10 X X X X X X X X X acres +Administrative Permit

More than 100
horses and more
than 10 acres of X X X X X X X X X
usable area + by
MUP

Permitted X X X

Permitted provided X X X
fully enclosed

KENNELS (see Note 1) MUP required X X X X X

ZAP required X X X X X X

One acre + by MUP X X X

ANIMAL RAISING (see Note 6)

Permitted X X X X

(a) Animal Raising Projects (see ½ acre+ by AD X X X X X X X X X X X Section 3115) 1 acre+ by MUP X X X

(b) Small Animal Permitted X X X X X Raising (includes Poultry) ½ acre+ permitted X X X

(See Note 8) 100 maximum X

25 maximum X X X X X X X X X

½ acre+: 10 max X X X

Less than ½ acre: X X X
100 Maximum

½ acre+ 25 max by X X X
ZAP

100 max by ZAP X X X X X

Chinchillas (See Note 5)

X X

(c) Large Animal 1 acre + permitted Raising (Other than horsekeeping) 8 acres + permitted X X X X X X X X X

2 animals plus 1 per ½ acre over 1 X X X X acre

4 animals plus 4 for
each ½ acre over ½ X X X
acre

1 acre or less: 2 X X X X X X
animals

1 to 8 acres: 1 per X X X X
½ acre

2 animals X X X X X

½ acre plus 2
animals per ½ acre X X X
by ZAP

Grazing Only X X

(See Note 2)

Permitted X X X X X X X X X X X X X X X X

(d) Horse keeping (other than Animal Sales and Services: 2 horses + 1 horse Horse Stable) per ½ acre over ½ acre + X X X X X X (see Section 3130) Administrative Permit

(e) Specialty Animal Raising: Bees (See Title 6, Division 2, Chapter 9, County Permitted X X X X X X X X X X X X X X X X X X X X X X X X Code)

(See Note 7)

(f) Specialty Animal Raising: Wild or ZAP Required X X X X X X X X X X X X X X X Undomesticated (See Note 3)

25 maximum X X X X X X X X X X X X X

(g) Specialty Animal 25 maximum by X X X Raising: Other ZAP (Excluding Birds or Aquaponics) 25 plus by ZAP X X X X X X X X X X X X X

Permitted X X X X X X

25 maximum X X X X X X X X X

100 maximum X X X X X X X

(h) Specialty Animal Raising: Birds Additional by ZAP X X X X X X X X X X X X

Permitted X X X X X

100 Maximum X X X

100 Max 1/acre(i) Racing Pigeons X
plus

Permitted X X X X X X X

ANIMAL ENCLOSURE SETBACKS

(See Section 3112)

Most Restrictive X X X X X X X X X X X X X X X X X

Moderate X X X

Least Restrictive X X X X

MUP = Major Use Permit + = plus ZAP = Minor Use Permit

Notes:

1. Dogs and cats not constituting a kennel and up to two pot-belly pigs are accessory uses subject to the Accessory Use Regulations commencing at Section 6150 and are not subject to the animal enclosure setbacks.

2. On land subject to the “S” and “T” Animal Designators, grazing of horses, bovine animals and sheep permitted provided no buildings, structure, pen or corral shall be designated or used for housing or concentrated feeding of animals, and the number of such animals shall not exceed 1 animal per ½ acre of land.

3. One wild or undomesticated animal, kept or maintained in conformance with State and local requirements, is an accessory use subject to the Accessory Use Regulations commencing at Section 6150, and is not subject to the Animal Schedule.

(Amended by Ordinance Number 7432 (N.S.) adopted January 6, 1988.)

4. The Animal Schedule does not apply to small animals, specialty animals, dogs or cats which are kept for sale in zones where the Retail Sales, General Use type is permitted provided that all activities are conducted entirely within an enclosed building, the building is completely soundproof, there are no outside runs or cages, no boarding of animals, no outside trash containers and no offensive odors.

5. Chinchillas are considered small animals except that a ZAP may be approved for more than 25 chinchillas on property with the “L”

Designator.

6. The number of animals allowed is per legal lot. This number shall not apply to the keeping of earthworms.

7. Additional regulations are applicable to beekeeping, see County Code Section62.901 et seq.

8. Additional regulations are applicable to the keeping of roosters, see County Code Section62.690 et seq.

3112 ANIMAL ENCLOSURE SETBACK TABLE.

Notwithstanding the provisions of an applicable setback designator, enclosures containing the animal use types listed in Section3100 shall have the minimum setbacks specified in the Animal Enclosure Setback Table. The Animal Enclosure Setback Table is incorporated into this section, and all references to this section shall include references to it. Animals subject to the Animal Setback Table must be confined within an appropriate enclosure. A pasture containing a minimum of 1 acre for use as a riding area or grazing area, having no interior fencing and not used as an animal enclosure for the permanent keeping of an animal is exempt from the animal enclosure setback requirements. Stables, barns, agricultural buildings and other structures located adjacent to or within an animal enclosure must meet both animal enclosure setbacks and setback regulations in section 4800.

ANIMAL ENCLOSURE SETBACKS

ANIMAL ENCLOSURE MOST LEAST
MODERATE
LOCATION RESTRICTIVE RESTRICTIVE

Zero (0) feet
Distance from Street Center Line Same as for standard setback (a) Same as for standard setback (a)
(from street line)

Zero (0) feet for open enclosure.
Distance from Interior Side Lot Line 10 feet Five (5) feet
Five (5) feet for roofed enclosure.

Distance from Rear Zero (0) feet for open enclosure. Five (5) feet
10 feet Zero (0) feet for roofed enclosure.
Lot Line

NOTE:

a. Refer to applicable setback designator and setback schedule at Section4810.

b. See County Code Section 62.692 (b) for additional enclosure setback requirements for the keeping of roosters.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 7432 (N.S.) adopted 1-06-88)

(Amended by Ord. No. 7740 (N.S.) adopted 3-28-90)

(Amended by Ord. No. 8166 (N.S.) adopted 10-21-92)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

(Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

(Amended by Ord. No. 10285 (N.S.) adopted 9-11-13)

(Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

3114 KENNELS.

In addition to the regulations contained in the Animal Enclosure Setback Table, Section3112, all kennels shall be subject to the following regulations:

1. Restrictions On Use:

a. The premises shall be kept in a clean and sanitary manner by the daily removal of waste and by the use of spray and disinfectants to

prevent the accumulation of flies, the spread of disease or offensive odor.

b. Kennels shall conform to all the regulations contained in the County Code related to kennels, including but not limited to Noise

Abatement and Control, Animal Control and Permit Fees and Procedures.

c. Animal odors shall not be detectable beyond the lot lines of the property wherein the kennel is located.

d. Dust and drainage from the kennel enclosure shall not create a nuisance or a hazard to adjoining property or uses.

e. The kennel enclosure shall be screened by a nontransparent fence of a minimum six feet in height.

f. Grooming services for the animals being boarded may be allowed as an incidental use provided the grooming services are conducted

indoors and the grooming area is limited to 500 square feet in area.

2. Additional Setback Requirements:

a. Notwithstanding the provisions of Section 3112 of this Ordinance, no kennel located on property with Animal Schedule Designators

(see Section 3100) "L", "M", "N", "V", "W" shall be erected and maintained:

1. Within 50 feet of any interior side lot line.

2. Within 25 feet of any rear lot line; provided, however, where the rear lot line is parallel with and contiguous to an alley, such

structures may be erected, placed or maintained up to such rear lot line.

b. A kennel located on property with the Animal Schedule Designators (see Section3100) "O", "R", and "T" shall comply with the

provisions of Section 3112; provided, however, that where a kennel in said designator abuts a residential use regulation, setbacks shall be maintained in accordance with subsection 2a.1 and 2a.2 above.

(Amended by Ord. No. 8166 (N.S.) adopted 10-21-92)

(Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

3115 ANIMAL RAISING PROJECTS.

In addition to the regulations imposed by Section3112, animal raising projects shall be subject to the following regulations:

a. Limits. Such project is limited to the keeping, raising and breeding of domesticated animals for 4-H, FFA or other similar youth organization projects. Animal raising projects are a permitted use (by-right) provided the total number and the type(s) of animals on the premises are allowed by the applicable zone animal designator.

b. Administrative Permit. If the total number of animals on the premises would exceed the number allowed by the zone animal designator an Administrative Permit pursuant to Section 7050 shall be obtained to permit the animal raising project as provided in the Animal Schedule in Section 3100, subject to the findings below (or a waiver may be obtained pursuant to subsection e. below).

1. That the location size and design of the animal enclosure(s) will be compatible with adjacent uses, residences, buildings or structures, with consideration given to:

   (a) The suitability of the site for the number of animals proposed on the premises.

   (b) The harmful effect, if any, upon desirable neighborhood character.

   (c) Any other relevant impact of the proposed use.

c. Under Auspices of Youth Organizations. The keeping of said animals shall be in connection with animal raising projects under auspices of 4-H, FFA or other similar youth organizations.

d. Other Conditions. An Administrative Permit for an animal raising project may impose other conditions pertaining to the type, number, and locations of animals as are reasonable and necessary for the protection of the public health and welfare and for the protection of the health and welfare of the animals. A permit time limit may also be imposed.

e. Waiver of Administrative Permit. The Director of Planning and Development Services may waive the requirement for an Administrative Permit for animal raising projects upon submittal of written consent to the granting of the waiver. Such consent shall be signed by all owners of each developed lot or parcel that is wholly or in part within a 300 foot radius of the perimeter of the property where the animal raising project is to be conducted. Such consent and any other material required, including plot plan and the number and types of animals, shall be on the forms or in the format required by the Department of Planning and Development Services. The waiver may be granted for a period not to exceed five years and may be revoked by the Director if the animal raising project does not comply with the requirements specified in the granting of the waiver or is in violation of any applicable County ordinances. At the end of five years an additional waiver may be applied for.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 7466 (N.S.) adopted 4-27-88)

(Amended by Ord. No. 8897 (N.S.) adopted 3-18-98)

(Amended by Ord. No. 10222 (N.S.) adopted 9-25-12. Opr. 11-26-12)

(Amended by Ord. No. 10463 (N.S.) adopted 4-14-17)

3120 FEED LOTS FOR CATTLE.

a. Purpose. The purpose of this section is to protect surrounding areas and uses from those concentrations of bovine animals which may adversely affect the public by noise, odors, flies, and other land use and environmental impacts.

b. Requirement For Feed Lots. The operation of a feed lot for cattle is permitted only in areas subject to an "O" or "W" Animal Regulations designator on parcels of 4 acres or larger and in accordance with an approved Major Use Permit and the approval of the Regional Water Quality Control Board. As used herein, "feed lot for cattle" shall mean the following:

A confined livestock facility that operates for the purpose of feeding a high-concentrate feed to cattle wherein are confined 300 or more cattle at a density of more than thirty animals per acre of confined area, excluding dairies.

c. Required Review and Findings. The body having jurisdiction over such Major Use Permit shall not approve the permit unless it has considered a report by the Commissioner of Agriculture/Weights and Measures, and in addition to the findings required by Section 7358, it is also found that the number and location of the cattle, and the manner in which they are kept, will not have any significant adverse land use or environmental impacts on adjoining areas or uses by reasons such as but not limited to noise, odors, dust or fly breeding.

d. Permits Pursuant to County Code. Permits issued pursuant to former Sections62.150 through 62.154, inclusive, and 62.170 through 62.179, inclusive, of the San Diego County Code, for property subject to this section shall be deemed to be Major Use Permits issued pursuant to this section and may be modified or revoked pursuant to the Use Permit Procedures.

(Added by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6134 (N.S.) adopted 7-22-81)

(Amended by Ord. No. 7701 (N.S.) adopted 12-13-89

3130 HORSE STABLE AND HORSEKEEPING

The Horse Stable and Horsekeeping use types are permitted in areas with certain animal designators as indicated in Section3100 Animal Schedule, and may be subject to the approval of, a Zoning Verification Permit, an Administrative Permit or a Major Use Permit, as specified below.

a. D, E, F, J, L, M, N, U, and V Animal Designators allow a Horse Stable as follows:

1. Boarding of and riding lessons for up to 3 horses not owned by the property owner, on any property with the above animal
designators is permitted without the need for a Zoning Verification, Administrative Permit or Major Use Permit. No other equine
uses, such as breeding, riding academies or events are allowed with the Horse Stable. All structures, animal enclosures and
uses are subject to all other regulations of this ordinance including the following limitations:

2. Ten horses per acre of usable area, up to a maximum of 5 acres of useable area and a maximum of up to 50 horses may be
allowed with a Zoning Verification Permit.

3. Ten horses per acre of usable area, of more than 5 acres and up to a maximum of 10 acres of useable area and between 50-100 horses total may be allowed upon approval of an Administrative Permit. 4. More than ten horses per acre of usable area, more than 10 acres of usable area or more than 100 horses shall require a Major Use Permit. 5. The total number of horses and the usable acreage for horses calculated shall include both those horses allowed pursuant to Horsekeeping as well as the Horse Stable and all of the combined areas for both use types. 6. Usable area. A plot plan for a permit shall clearly indicate the usable area for a project. The usable area as noted in the Animal Schedule shall be the area used by all horses on the lot or a combination of contiguous lots including structures, animal enclosures, riding arenas, corrals, stalls and paddocks used by horses. The usable area shall not include driveways, road easements, parking areas, areas within the animal enclosure setbacks, pastures exempt from animal enclosure setbacks, residences, other accessory structures, landscaping, areas with active agriculture and other areas where horses would not be permanently kept on the property. 7. Horse Events. The temporary gathering of additional people and horses for a horse event, show or competition which is not a part of the active operations of a Horse Stable shall be considered an Outdoor Entertainment Event and may be allowed in compliance with the Temporary Use Regulations in Sections 6100-6149. However, additional events or time restrictions may be allowed as part of an Administrative Permit or Major Use Permit for a Horse Stable 8. Archaeological, historical or cultural resources. A proposed Horse Stable of more than 50 horses shall complete a full records search with the South Central Information Center (SCIC) when the application for an Administrative or Major Use Permit is submitted. The SCIC shall provide a recommendation regarding potential cultural resources and may recommend consultation with appropriate tribe(s).

In addition to the regulations contained in the Animal Enclosure Setback Table, Section3112, a Horse Stable or Horsekeeping use shall comply with the following requirements:

b. Restrictions On Use:

1. A Horse Stable or Horsekeeping shall conform to the regulations contained in County CodeTitle 3, Division 6, Chapter 4, Noise Abatement and Control.

2. Dust and odors from the Horse Stable or Horsekeeping shall not create a nuisance or a hazard to adjoining properties or uses and shall be in compliance with this ordinance, including but not limited to section 6300 and specific sections 6316 regarding Particulate Matter and Air Contaminants and 6318 regarding Odors.

3. A Horse Stable or Horsekeeping shall conform to the standards and regulations for the humane treatment of equine animals found in County and State codes, including, but not limited to, State Health and Safety Code. 4. A Horse Stable or Horsekeeping shall maintain the use subject to standard best management practices for equine uses in compliance with the Grading, Stormwater and Watershed Protection Ordinances. c. A Horse Stable shall comply with the following requirements which shall be documented in a Manure Management Plan, Fire Protection Plan and Vector Control Plan:

Manure Management

1. The stable shall be kept in a clean and sanitary manner by the daily removal of manure to a manure management area from all usable horse areas to prevent the accumulation of flies, the spread of disease or offensive odor.

2. Manure shall be kept in the manure management area in a covered or enclosed bin or container unless being composted. Manure shall be removed from the property a minimum of every other week or properly composted onsite.

3. The manure management area shall meet Animal Enclosure setbacks.

Fire Protection

4. The interior of electrical appliances, such as fans and heaters, shall be kept clean.

5. Industrial grade extension cords are allowed only if the use of extension cords is unavoidable, for example for a temporary event. Extension cords shall not be used as a permanent electrical conduit.

6. Hay shall be stored in an enclosed building, a covered area or a covered bin, meeting Animal Enclosure and Main Building setbacks, and may consist of only dry, well-cured hay.

7. Rags and cloths used to clean tack and hooves shall be stored in an orderly fashion within an enclosed building or covered bin that meets the Animal Enclosure and Main Building setbacks. Bedding materials shall also be stored in the same location.

8. All wiring and electric cords shall be properly run and installed with insulated wiring routed and strung through metal conduits.

9. Light fixtures shall have a caged enclosure to prevent damage and sparking.

   10. Large structures over 1000 square feet in area shall meet a minimum fire separation setback of 50 feet to reduce risk of fire between structures.

   11. Hydrants shall be installed near each barn or main structure with sufficient hoses for watering all potential fire areas.

   12. The electrical system shall allow for the power to be shut off to each building, without losing power to the water pumps.

   13. Stables shall have a written fire plan and evacuation plan, which includes the limitations above and shall post it onsite for employees and visitors.

Vector Control

14. Recognizing the natural drainage on a property, structures permitted as part of a horse stable shall be located away from any locations that collect water. Feed, waste, standing water (water troughs), and other items attractive to vectors must regularly be cleared and cleaned. 15. Feed/grain areas must be covered and swept, droppings must be picked up daily, and manure piles, if not removed from the lot, must be routinely turned or tilled into pastures to prevent fly breeding areas.

16. Automatic fly spray devices or strips shall be utilized in building or structure areas.

    17. To prevent vector infestations, all areas that would allow for standing water to collect, must be designed to fully drain within

    72 hours. Water features such as ponds related to a horse stable must be stocked with mosquito fish.

d. Equine Living Area. An equine shall be provided with adequate living facilities including an enclosed paddock, corral or stall for keeping. Such area shall be located within an animal enclosure or stable. Paddocks, corrals or stalls shall have enough room for the equine to move about and lay down without restriction.

e. A Horse Stable may include an office, employee break area, full bathroom and other associated areas or structures related to a commercial use.

f. Employee Housing. A Horse Stable may include a dwelling unit(s) for a stable employee(s) pursuant to the State Employee Housing

Act. Employee housing is only allowed while a permitted stable is in operation. Prior to issuance of a Building Permit, the property owner shall enter into a contract with the County agreeing to specific terms and conditions limiting employee housing to bona-fide stable employees in conjunction with on-going stable operations.

g. Sign. Pursuant to section 6252.v a sign is allowed for a Horse Stable at the entrance to the property to identify the stable or ranch name only. The sign shall not be illuminated.

h. Outdoor Lighting. Pursuant to sections 6322 and 6324 outdoor lighting is allowed for an animal enclosure or stable. However, as noted, other than security lighting, the stable area shall not be illuminated between 10pm and dawn. Lighting must comply with Dark Skies limitations.

i. Setbacks. Additional setbacks shall be required for a Horse Stable as follows:

1. All storage areas of materials related to the horse stable use and parking shall meet the Animal Enclosure setbacks, this includes trailer parking, loading and delivery areas, hay storage, etc.

2. Any structure permitted as part of a Horse Stable that is over 1000 square feet in area shall meet the standard setbacks and additionally meet a minimum 25 foot setback from all property lines. Such structures include barns, hay barns, covered arenas, covered riding areas, stables and other structures.

3. On a lot or a combination of lots under the same ownership of less than 5 acres in area, Animal Enclosures and all structures associated with a Horse Stable shall be a minimum 50 feet from the nearest residence on any adjacent property under separate ownership.

(Added by Ord. No. 10285 (N.S.) adopted 9-11-13)

PART FOUR: DEVELOPMENT REGULATIONS

GENERAL PROVISIONS

4000 TITLE AND PURPOSE OF THE DEVELOPMENT REGULATIONS.

The provisions of Section 4000 through 4999, inclusive, shall be known as the Development Regulations. The purpose of these provisions is to specify the nature, components, and use of the development regulations and to establish regulations regarding the physical character and intensity of development.

4005 REQUIRED DEVELOPMENT REGULATIONS.

Development Regulations shall be required for every zone within San Diego County except for the Village Zones. Development Regulations shall be represented by Development Designators which, together with a Use Designator, as specified in Section 2000 through Section 2999, inclusive; an Animal Designator, as specified in Section 3000 through 3999, inclusive; and any Special Area Designator, as specified in Section 5000 through Section 5999, inclusive; shall describe a zone which conveys regulations of uses, buildings and other structures within San Diego County. Development Regulations for Village Zones shall be specified within Section 8000 et seq. of the Zoning Ordinance.

(Amended by Ord. No. 8166 (N.S.) adopted 10-21-92)

(Amended by Ord. No. 9620 (N.S.) adopted 12-10-03)

(Amended by Ord. No. 10348 (N.S.) adopted 7-30-14)

4006 REPRESENTATION OF THE DEVELOPMENT REGULATIONS.

The Development Regulations shall be represented by 9 designators arrayed in the following order:

a. Maximum Density ("Density").

b. Minimum Lot Size ("Lot Size").

c. Permitted Building Type ("Building Type").

d. Maximum Floor Area of Individual Building ("Maximum Floor-Area").

e. Maximum Floor-Area Ratio ("F A R").

f. Maximum Building Height ("Height").

g. Maximum Lot Coverage ("Coverage").

h. Minimum Setback ("Setback").

i. Minimum Usable Open Space ("Usable Open Space").

4007 LIMITATION ON SELECTION OF DEVELOPMENT DESIGNATORS.

Development Designators shall be limited to those specified within the schedules at Sections4310, 4610, 4810, and 4910, or otherwise restricted by Sections 4110, 4210, 4410, 4510, and 4710 of the Development Regulations. Alterations to schedules or other regulations shall be made pursuant to the conditions and subject to the provisions of the Zoning Ordinance Amendment Procedure commencing at Section 7500.

4008 DEVELOPMENT DESIGNATORS.

All applications of the Development Regulations shall contain designators appropriate and auxiliary to the zone's Use Designator. When a designator is not included for the Development Regulations, a dash ("-") shall occupy the location normally occupied by the designator. The meaning of a dash ("-") shall be as specified in the appropriate regulations for each designator or that when used in conjunction with a Village Zone, regulations shall be specified in the applicable Village Zone Development Regulations. Where a blank space has been used it shall have the same meaning as a dash. Designators shall be included for Development Regulations in accordance with the following table.

Designators

Usable
Building Maximum

Zones Density Lot Size F.A.R Height Coverage Setback Open Type Floor Area Space

Designators

Usable
Building Maximum

Zones Density Lot Size F.A.R Height Coverage Setback Open Type Floor Area Space

Residential O R R O O R O R I Commercial O O R O O R O R I Industrial X O R O O R O R X Agricultural O R R O O R O R I Special Use O O O O O O O O I Village O O O O O O O O O

Key

R = Required. Designator shall always be included within the Development Regulations except that the lot size designator is optional when zone contains "P" designator under Special Area Regulations.

O = Optional. Designator may be included within the Development Regulations when deemed appropriate.

X = Prohibited. Designator shall not be included within the Development Regulations.

I = Designator shall be included within the Development Regulations when the multi-dwelling residential building type or the attached three to eight dwelling units residential building type is or may be permitted within the zone. (Refer to building type designator).

(Amended by Ord. No. 6761 (N.S.) adopted 4-25-84) (Amended by Ord. No. 8581 (N.S.) adopted 9-20-95) (Amended by Ord. No. 10162 (N.S.) adopted 8-3-11) (Amended by Ord. No. 10348 (N.S.) adopted 7-30-14)

4009 MODIFICATION OF DEVELOPMENT REGULATIONS.

Modification of regulations specified within the Development Regulations may be approved under the provisions of the Planned Development Standards commencing at Section 6600. Changes of designators specified within the Development Regulations shall be subject to the provisions of the Zoning Ordinance Amendment Procedure commencing at Section 7500.

(Amended by Ord. No. 5787 (N.S.) adopted 6-4-80)

4010 SPECIFIC PLANS

If any Specific Plan has been adopted and not expired for property which is also subject to either the Specific Plan Area General Plan Designation or the S88 Specific Planning Use Regulations, any provision of the Specific Plan relating to subjects contained in the part shall prevail over The Zoning Ordinance regulations to the extent of any conflict between them.

(Added by Ord. No. 8581 (N.S.) adopted 9-20-95)

(Amended by Ord. No. 10592 (N.S.) adopted 2-27-19)

4011 LEGAL LOTS WITH SPLIT ZONING

Where a legal lot has split zoning, the Use Regulations for each separate zone shall apply. Where a use is bisected by a split zone line within a legal lot, the more restrictive Use Regulations shall apply. If a property has split zoning that includes residential and commercial zoning, parking for a commercial use may be located on the residentially zoned portion of the property, subject to the issuance of a Zoning Verification Permit. Landscaping and planting should be used to the maximum extent practical to screen unsightly parking areas from neighboring residential.

(Added by Ord. No. 9935 (N.S.) adopted 4-23-08)

(Amended by Ord. No. 10592 (N.S.) adopted 2-27-19)

DENSITY REGULATIONS

4100 TITLE AND PURPOSE.

The provisions of Section 4100 through Section 4199, inclusive, shall be known as the Density Regulations. The purpose of these provisions is to aid in the implementation of the growth, population distribution, conservation, and development policies of the San Diego County General Plan and its associated Community and Specific Plans, and to meet requirements for residential and nonresidential development within the County as set forth in the policies and principles of the General Plan.

4105 DENSITY DESIGNATOR NOTATION.

Density shall be indicated by an Arabic numeral indicating the actual maximum number of permitted dwelling units per net residential acre. Density may be expressed in decimal fraction notation, e.g. "3" and "3.5" indicating three and three and one-half dwelling units per net residential acre, respectively or a zero “0” density indicating no dwelling units are allowed. A dash ("-") shall indicate that no density is specified by zoning and that the General Plan shall be referred to in order to determine maximum allowed density. A zero “0” density shall not apply to dwellings permitted by the Temporary Use Regulations or the Accessory Use Regulations (see sections 6156 and 6160).

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95)

(Amended by Ord. No. 9958 (N.S.) adopted 12-10-08)

(Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

4110 DENSITY REGULATIONS.

a. Specification of Density. The adopted San Diego County General Plan provides the maximum allowed residential density for residential land use designations. Maximum residential densities expressed in dwelling units per net residential acre may be established in zoning to regulate the density of residential development where densities are not specified in the General Plan or lesser densities than those in the General Plan are deemed appropriate. Any such density may be specified within the Development Regulations.

b. Density Designator. In no case shall a density greater than that allowed in the General Plan be specified.

c. Minimum Density. Minimum densities may be applied to require a minimum level of residential development, when development is undertaken. Minimum residential density shall be expressed as the minimum dwelling units permitted per net residential acre and shall appear as an Arabic numeral which precedes the maximum residential density and which is separated by a dash ("-") from the maximum residential density. The notation for minimum density shall be the same as that specified for maximum density in Section 4105. A minimum residential density shall not be specified except in association with a maximum residential density.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6478 (N.S.) adopted 12-1-82)

(Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

4115 COMPUTATION OF PERMITTED NUMBER OF DWELLING UNITS.

The maximum number of dwelling units permitted within the exterior boundary lines of any subdivision or a single lot shall be equal to the product of the total of the net lot area of that subdivision, or lot expressed in acres multiplied by the applicable maximum density designator. The product shall be rounded off to the nearest whole number of dwelling units. A product with a fraction of one half or less of a dwelling unit shall be rounded down to the nearest whole number of dwelling units except that a product of less than one dwelling unit shall be interpreted as permitting one dwelling unit. A product with a fraction of more than one half of a dwelling unit shall be rounded up to the nearest whole number of dwelling units. The maximum number of dwelling units permitted within the exterior boundary lines of any subdivision or single lot, as calculated under this section, shall be reduced to an achievable number of dwelling units when such reduction is needed to comply with all applicable land use requirements. The resulting density shall be the Maximum Allowable Residential Density. The use of a dash ("-") as a density designator shall indicate no density is specified by zoning and that the General Plan shall be referred to in order to determine maximum allowed density. A zero “0” density shall not apply to dwellings permitted by the Temporary Use Regulations or the Accessory Use Regulations.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6543 (N.S.) adopted 3-2-83)

(Amended by Ord. No. 6855 (N.S.) adopted 10-10-84)

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95)

(Amended by Ord. No. 10068 (N.S.) adopted 8-4-10)

(Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

4116 COMPUTATION OF PERMITTED NUMBER OF DWELLING UNITS WHEN DISCRETIONARY REVIEW IS REQUIRED AND PORTION OF SITE WILL BE REQUIRED FOR STREET RIGHT-OF-WAY.

The maximum number of dwelling units permitted within the exterior boundary lines of property which is subject to approval of a Site Plan or Administrative Permit shall be computed as in Section 4115 except that:

a. The Director shall obtain a recommendation for necessary street right-of-way requirements from the Department of Public Works; and

b. Any street right-of-way which would be required by the Department of Public Works in order to obtain a building permit for the subject property shall be deducted in making the above calculations for net lot area.

(Added by Ord. No. 7740 (N.S.) adopted 3-28-90)

4120 EXCEPTIONS TO DENSITY REGULATIONS.

The following are exceptions to the Density Regulations:

a. Farm Employee Housing. Farm Employee Housing is not subject to Density Regulations.

b. Farm Labor Camps. Dwelling units built pursuant to a use permit to accommodate a farm labor camp are not subject to Density Regulations.

c. Density Bonus Projects for Affordable or Senior Housing. An increase in density exceeding the applicable Density Regulations may be approved for projects that reserve housing units for moderate, low, or very low income households or for senior housing in accordance with the Density Bonus Program found at Sections 6350 through 6399.

d. Employee Housing. Employee housing, pursuant to California Health & Safety Code §§ 17000 et seq., is not subject to Density Regulations.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79) (Amended by Ord. No. 5676 (N.S.) adopted 12-19-79) (Amended by Ord. No. 5781 (N.S.) adopted 6-4-80) (Amended by Ord. No. 5935 (N.S.) adopted 11-19-80) (Amended by Ord. No. 6029 (N.S.) adopted 4-22-81) (Amended by Ord. No. 6045 (N.S.) adopted 4-29-81) (Amended by Ord. No. 6479 (N.S.) adopted 12-01-82) (Amended by Ord. No. 6506 (N.S.) adopted 1-5-83) (Amended by Ord. No. 6634 (N.S.) adopted 08-03-83) (Amended by Ord. No. 7319 (N.S.) adopted 06-10-87) (Amended by Ord. No. 7525 (N.S.) adopted 09-07-88)

(Amended by Ord. No. 7790 (N.S.) adopted 08-01-90. This ordinance will expire on August 31, 1993, unless extended in connection with GPA 93-02)

(Amended by Ord. No. 9020 (N.S.) adopted 04-14-99) (Amended by Ord. No. 10003 (N.S.) adopted 8-5-09) (Amended by Ord. No. 10068 (N.S.) adopted 8-4-10) (Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

4125 COMPUTATION OF MINIMUM NUMBER OF DWELLING UNITS.

The minimum number of dwelling units required within the exterior boundary lines of any subdivision, or a single lot shall be equal to the product of the total of the net lot area of such subdivision, or lot expressed in acres multiplied by the applicable minimum density designator, if any. A product with any fraction of a dwelling unit shall be rounded up to the nearest whole number of dwelling units.

(Renumbered and amended by Ord. No. 5508 (N.S.) adopted 5-16-79. Formerly 4116) (Amended by Ord. No. 6855 (N.S.) adopted 10-10-84)

LOT AREA REGULATIONS

4200 TITLE AND PURPOSE.

The provisions of Section 4200 through 4299, inclusive, shall be known as Lot Area Regulations. The purpose of these provisions is to aid in the implementation of the growth, population distribution, conservation, and development policies of the San Diego County General Plan and to meet requirements for residential and nonresidential development within the County as set forth in the policies and principles of the General Plan.

(Amended by Ord. No. 6855 (N.S.) adopted 10-10-84)

4205 LOT AREA DESIGNATOR NOTATION.

Minimum lot area shall be indicated directly with square feet expressed in thousands, e.g., "6000" and "10,000" indicating 6,000 and 10,000 square feet respectively. Minimum lot area may be expressed as acres, e.g. 1 ac. and 1.5 ac. A dash ("-") shall indicate that there is no minimum lot area or that when used in conjunction with a Village Zone, regulations shall be specified in the applicable Village Zone Development Regulations.

(Amended by Ord. No. 6855 (N.S.) adopted 10-10-84)

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95)

(Amended by Ord. No. 10348 (N.S.) adopted 7-30-14)

4210 LOT AREA REGULATIONS.

a. Specification of Lot Area. Minimum lot areas shall be established to regulate the minimum area that lots or building sites must have before they may be developed, and any such minimum lot area may be specified within the development unit.

b. Lot Area Designator. In no case shall a minimum lot area of less than 3,000 square feet be designated under the provisions of the Lot Area Regulations, except where a lesser lot area may be permitted under the provisions of the Planned Development Standards commencing at Section 6600, the provisions of Section 4230 relating to lot area averaging, or where otherwise excepted by this ordinance.

(Amended by Ord. No. 5787 (N.S.) adopted 6-4-80)

(Amended by Ord. No. 6855 (N.S.) adopted 10-10-84)

(Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

4215 MINIMUM LOT AREA TO BE MAINTAINED

No portion of the required area of any lot or building site shall be used or considered as part of the required area for any other lot or building site. No lot or building site shall be reduced in size so that the area thereof is less than the minimum prescribed by an applicable lot area designator except when such reduction results from partial acquisition for public use. No existing lot or building site which has an area less than the minimum required lot area shall be reduced in area, except when such reduction results from partial acquisition for public use.

(Amended by Ord. No. 6855 adopted on 10-10-84)

4220 MINIMUM LOT AREA REQUIREMENT MET – SUBSTANDARD LOT.

Any substandard lot or building site shall be deemed to meet an applicable minimum lot area requirement when:

a. It existed as an entire lot, or as an entire parcel for which either a deed of record in the office of the County Recorder or a bona fide
contract of sale was in full force and effect, prior to the date it was first zoned to the zone classification which caused it to be
undersized; and

b. It is not the result of a division of land in violation of any state law or county ordinance.

(Amended by Ord. No. 6134 (N.S.) adopted 7-22-81)

(Amended by Ord. No. 6543 (N.S.) adopted 3-2-83)

(Amended by Ord. No. 6855 (N.S.) adopted 10-10-84)

(Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

4221 MINIMUM LOT AREA REQUIREMENTS, NET OR GROSS.

The net lot area of a lot shall be not less than the required minimum area prescribed by the lot area designator of the zone, provided that one of the following requirements is satisfied:

a. Said lot or building site is created pursuant to a use permit specifying such lesser area or issued for the purpose of authorizing such
lesser area, provided that such lot or building site shall in no event have an area less than six thousand (6,000) square feet.

b. All requirements of Section 4220 of this Ordinance are met.

c. Said lot or building site is shown on an approved final subdivision map, or on a tentative subdivision map which has been approved
or filed for approval, all prior to December 1, 1969; provided that after December 31, 1971:

1. Said lot or building site exists as an entire lot, or as an entire parcel for which either a deed is of record in the office of the
County Recorder or a bona fide contract of sale is in full force and effect.

2. It is not the result of a division of land in violation of any State law or County ordinance.

d. Said lot or building site is shown on an approved division of land plat or on a division of land plat filed for approval prior to
December, 1969; provided that after December 31, 1971:

1. Said lot or building site exists as an entire lot or as an entire parcel for which either a deed is of record in the office of the
County Recorder or a bona fide contract of sales is in full force and effect.

2. It is not the result of a division of land in violation of any State law or County ordinance.

e. Exemption. Multifamily and mixed-use projects that include a floor area ratio that meets the requirements under subdivision (b) of Section 65913.11. of the California Government Code shall be allowed on existing legal parcels, regardless of consistency with the existing minimum lot size requirement, provided all other applicable requirements are met, including meeting the densities established by the Zoning Ordinance or General Plan.

(Amended by Ord. No. 6855 (N.S.) adopted 10-10-84)

(Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

(Amended by Ord. No. 10858 (N.S.) adopted 7-19-23)

4222 LOT AREA REQUIRED WHERE PORTION TAKEN FOR PUBLIC USE.

If a portion of a legally existing lot or building site in any zone is acquired for public use in any manner including dedication, condemnation or purchase, the remainder of such lot or building site shall be considered as having the required lot area provided:

a. After all applicable front and side yard setback requirements are met, the remainder of such lot or building site contains a rectangular space at least 30 feet by 40 feet in area which is usable for a main building; and

b. The remainder of such lot or building site has an area of at least 1/2 of that required by an applicable lot area designator except that, in zones requiring a lot area of 1/2 acre or more, a lot area of not less than 6,000 square feet shall be required; and

c. The remainder of such lot or building site has access to a street. Where the remainder of such lot or building site shall be considered as having the required minimum lot area as herein provided, the rear yard setback required for such remainder shall be 1/2 of the aforesaid applicable rear yard setback requirement.

(Amended by Ord. No. 6134 (N.S.) adopted 7-22-81)

(Amended by Ord. No. 6855 (N.S.) adopted 10-10-84)

4223 REDUCED LOT AREA FOR MINOR SUBDIVISIONS

(Section 4223, REDUCED LOT AREA FOR MINOR SUBDIVISIONS, repealed by Ord. No. 7935 (N.S.) adopted 6-19-91), originally Added by Ord. No. 6654 (N.S.) adopted 9-21-83, then Amended by Ord. No. 6855 (N.S.) adopted 10-10-84, then further Amended by Ord. No. 7740 (N.S.) adopted 3-28- 90.)

4224 REDUCED LOT AREA FOR PUBLIC AND UTILITY BUILDINGS.

Where a lot or building site is devoted exclusively to public buildings and uses owned by a county, city or other political subdivision or to public utility buildings and uses, a Minor Use Permit may be issued authorizing a reduction in the minimum required lot area for such lot or building.

No living units shall be permitted on such lot or parcel except to house Fire Protection Service personnel and related equipment.

(Amended by Ord. No. 6855 (N.S.) adopted 10-10-84)

(Amended by Ord. No. 9268 (N.S.) adopted 11-15-00)

4230 LOT AREA AVERAGING/CONSERVATION SUBDIVISION.

Lot area averaging is a method associated with land subdivision. Upon approval of an administrative permit, it allows lots in a subdivision to be smaller than would be allowed by the applicable lot area designator, provided the overall density of the subdivision is not increased. The administrative permit is subject to required findings and conditions.

a. Purpose and Intent

The purpose of lot area averaging is to allow flexibility in lot size so as to encourage site design that avoids environmental resources, preserves open space areas, and responds to unique site and area features. The intent is that the lots shall relate to the natural features, with larger lots or open space to be located in environmentally constrained areas. Lot area averaging shall not be used to create recreational or compensating open space for the exclusive use of the residents of the subdivision or for the use of the general public on a fee or membership basis, or for any other purpose for which approval of a Major Use Permit (planned development) or a Specific Plan would be the appropriate process.

b. Required Findings

Before an Administrative Permit for lot area averaging may be granted the following findings shall be made:

1. That the size, design, grading, and location of the proposed lots will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources, with consideration given to:

   i. Harmony in lot size and configuration, building setbacks and orientation;

   ii. The harmful effect, if any, upon desirable neighborhood character, including a finding that all lots in the subdivision

   which adjoin neighboring properties are compatible in size and shape to the adjoining lots, unless such adjoining area is to be reserved for open space or that adequate buffering has been provided to eliminate any significant harmful effect to neighboring properties;

   iii. The suitability of the site for the type and intensity of use or development which is proposed;

   iv. The harmful effect, if any, upon environmental quality and natural resources; and to

   v. Other relevant impacts of the proposed use.

2. That the total number of lots (excluding any lots reserved for open space purposes) shall not exceed the number obtained by dividing the total net area of the subdivision by the minimum lot area required by the applicable lot area designator.

3. That all lots and easements in the subdivision which are designated for open space be for the preservation of steep natural slopes, environmentally sensitive areas, wildlife habitat, agriculture or archeological or historical resources, and will be permanently reserved for open space in a manner which makes the County or a public agency a party to and entitled to enforce the reservation.

4. That the proposed subdivision and the total number and location of the proposed lots will be consistent with the San Diego County General Plan.

(Amended by Ord. No. 5786 (N.S.) adopted 6-4-80)

(Amended by Ord. No. 6855 (N.S.) adopted 10-10-84)

(Amended by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Amended by Ord. No. 7320 (N.S.) adopted 6-10-87)

(Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

BUILDING TYPE REGULATIONS

4300 TITLE AND PURPOSE.

The provisions of Section 4300 through 4399, inclusive, shall be known as the Building Type Regulations. The purpose of these provisions is to allow flexibility within the development regulations to identify structural types and sizes most appropriate to the various geographic settings and special local policies of San Diego County.

4305 BUILDING TYPE DESIGNATOR NOTATION.

Building type shall be indicated by a capital letter corresponding to one row of the Building Type Schedule at Section4310 specifying the permitted building types. A dash ("-") shall indicate that none of the building types specified in Section 4310 are permitted or that when used in conjunction with a Village Zone, regulations shall be specified in the applicable Village Zone Development Regulations.

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95)

(Amended by Ord. No. 10348 (N.S.) adopted 7-30-14)

4310 BUILDING TYPE SCHEDULE.

a. Residential. Buildings containing only residential principal uses shall be permitted according to those columns of the Building Type Schedule pertaining to "Permitted Residential Building Types".

b. Mixed. Buildings containing both residential and nonresidential principal uses shall be permitted according to those columns of the Building Type Schedule pertaining to "Permitted Mixed Residential and Nonresidential Building Types". The number of dwelling units shall not be greater than permitted by the same building designator for residential buildings.

c. Nonresidential. Buildings containing only nonresidential principal uses shall be permitted according to those columns of the Building Type Schedule pertaining to "Permitting Nonresidential Building Types".

d. Designator A. In zones subject to the "A" Building Designator, no buildings are permitted except those exempt from the Building Type Schedule pursuant to Section 4315.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6940 (N.S.) adopted 4-10-85)

(Amended by Ord. No. 6983 (N.S.) adopted 7-03-85)

4310 Schedule A – BUILDING TYPE SCHEDULE

PERMITTED BUILDING TYPES

MIXED RESIDENTIAL RESIDENTIAL NONRESIDENTIAL NONRESIDENTIAL

Duplex Triplex, Attached, Semi- or Detached Single Three Three to Limited Attached Detached Double Multi- Detached Stacked Unit Eight Nonresidential Unlimited Detached Dwelling (one or (one Multiple Dwelling Nonresidential (same lot

DESIGNATOR dwelling (one (a) (same (a) Units (ground level more or dwelling (same main unit per lot) and basement (any level) separate unit per (two lot) buildings lot) (same (separate only) lots) lot) units on per lot) lot) lots) same lot)

PERMITTED BUILDING TYPES

MIXED RESIDENTIAL
RESIDENTIAL NONRESIDENTIAL NONRESIDENTIAL

Duplex Triplex, Attached, Semi- or Detached Single Three Three to Limited Attached Detached Double Multi- Detached Stacked Unit Eight Nonresidential Unlimited Detached Dwelling (one or (one Multiple Dwelling Nonresidential (same lot DESIGNATOR dwelling (one (a) (same (a) Units (ground level more or dwelling (same main unit per lot) and basement (any level) separate unit per (two lot) buildings lot) (same (separate only) lots) lot) units on per lot) lot) lots) same lot)

A

B ·

C · · · ·

D · ·

E · · ·

F · · · · · · ·

G · · · · · · ·

H · · · · · · · ·

I · · · · · · · ·

J · · · · · · · · ·

K · · · · · · ·

L · · · · · · · · · · ·

M · · · · · · · · · ·

N · · · · · · · · ·

O · · · · ·

P · · · · · · · · ·

Q · · · · · ·

R · · · · · · ·

S · · ·

T · · · · · · ·

U · · · · ·

V · · · ·

W · ·

X ·

Y ·

· PERMITTED BUILDING TYPE

(a) Detached dwellings are permitted.

(Amended by Ord. No. 7220 (N.S.) adopted 10-22-86)

4315 EXEMPTIONS FROM BUILDING TYPE SCHEDULE.

The following are exempt from provisions of Sections 4310; Building Type Schedule:

a. Civic Use Types.

b. Any use or structure for which a use permit is granted.

c. Accessory Structures.

d. Temporary structures erected pursuant to the Temporary Use Regulations.

e. Secondary Uses.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6855 (N.S.) adopted 10-10-84)

(Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

MAXIMUM FLOOR AREA REGULATIONS

4400 TITLE AND PURPOSE.

The provisions of Section 4400 through Section 4499, inclusive, shall be known as the Maximum Floor Area Regulations. The purpose of these provisions is to limit the total floor area of individual buildings in order to assure compatibility of scale between buildings on the same building site and between buildings on different building sites within the same zone.

4405 MAXIMUM FLOOR AREA DESIGNATOR NOTATION.

Maximum floor area permitted per building shall be indicated by an Arabic numeral, with square feet expressed in thousands, e.g., "2" and "4" indicating "2,000" and "4,000" square feet, respectively; and hundreds expressed as a decimal fraction, e.g., "2.5" and "4.2" indicating 2,500 and 4,200 square feet, respectively. A dash ("-") shall indicate that permitted floor area is not regulated except as may otherwise be limited by required setbacks and height restrictions or that when used in conjunction with a Village Zone, regulations shall be specified in the applicable Village Zone Development Regulations.

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95)

(Amended by Ord. No. 10348 (N.S.) adopted 7-30-14)

4410 MAXIMUM FLOOR AREA DESIGNATORS PERMITTED.

Maximum floor area designators shall be established to limit the floor area of individual buildings and any such floor area may be specified within the Development Regulations.

FLOOR-AREA RATIO REGULATIONS

4500 TITLE AND PURPOSE.

The provisions of Section 4500 through Section 4599, inclusive, shall be known as the Floor-Area Ratio Regulations. The purpose of these provisions is to allow flexibility within the Development Regulations to identify structural sizes most appropriate to the various geographic settings and special local policies of San Diego County by establishing the maximum floor-area ratio to which structures may be constructed.

4502 APPLICABILITY OF FLOOR-AREA RATIO.

The floor-area ratio shall incorporate all buildings on the lot or building site.

4505 FLOOR-AREA RATIO DESIGNATOR NOTATION.

Floor-area ratio shall be indicated by an Arabic numeral indicating the actual maximum permitted floor-area ratio. A dash ("-") shall indicate that floor-area ratio is not regulated by this ordinance except as may otherwise be limited by required setbacks and height restrictions or that when used in conjunction with a Village Zone, regulations shall be specified in the applicable Village Zone Development Regulations. However, a floor-area ratio pursuant to the Land Use Element of the General Plan may be applicable to a property.

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95)

(Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

(Amended by Ord. No. 10348 (N.S.) adopted 7-30-14)

4510 FLOOR-AREA RATIO PERMITTED.

Floor-area ratios shall be established to regulate the scale of development and any such ratio may be specified within the Development Regulations.

HEIGHT REGULATIONS

4600 TITLE AND PURPOSE

The provisions of Section 4600 through Section 4699, inclusive, shall be known as the Height Regulations. The purpose of these provisions is to establish the maximum height of buildings and other structures within zones.

4605 HEIGHT DESIGNATOR NOTATION

Height shall be indicated by a capital letter corresponding to one row of the Height Schedule at Section4610 specifying the maximum permitted height of buildings and other structures measured in feet and numbers of stories. A dash ("-") shall indicate that there is no height limit, and may be used only where a dash has been used for the Building Type designator or that when used in conjunction with a Village Zone, regulations shall be specified in the applicable Village Zone Development Regulations.

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95)

(Amended by Ord. No. 10348 (N.S.) adopted 7-30-14)

4610 HEIGHT SCHEDULE

Height designators used for the Development Regulations shall be limited to those in the followingSchedule B:

SCHEDULE B HEIGHT SCHEDULE

MAXIMUM HEIGHT

DESIGNATOR MAXIMUM NUMBER OF STORIES (Feet)

MAXIMUM HEIGHT

DESIGNATOR MAXIMUM NUMBER OF STORIES (Feet)

A 15 1

B 20 2

C 25 2

D 25 3

E 30 2

F 30 3

G 35 2

H 35 3

I 35 4

J 40 3

K 40 4

L 45 4

M 45 (a)

N 50 (a)

O 55 (a)

P 60 4

Q 60 (a)

R (b) (a)

Notes:

(a) Any number of stories is permitted, provided all building code requirements and floor-area ratio limitations are met.

(b) Greater than 60 feet. Any height in excess of 60 feet requires a Major Use Permit.

4615 ADDITIONAL STORY PERMITTED.

a. Where the average slope of a lot is greater than one foot rise or fall in 7 feet in the area of the lot bounded by a line drawn 5 feet outside the building perimeter or, where closer, along property lines, an additional story may be permitted in a residential building which is located on the downhill side of a street, provided that in no case shall such a building have a height measured in feet greater than that permitted by the applicable height

designator. Basements or cellars within such buildings will only be permitted if the grade elevation at all points adjacent to the basement perimeter is not more than 2 feet below the finished floor elevation directly above. This subsection (a) shall not apply to through lots or corner lots.

b. An additional story may be permitted in a main dwelling with a primary residential use upon issuance of an Administrative Permit, provided that in no case shall the main dwelling have a height measured in feet greater than that permitted by the applicable height designator. The Administrative Permit Procedure at Section 7050 through Section 7099 shall apply. Notice of the administrative permit application shall be provided pursuant to Section 7060.c. The Director may approve said administrative permit provided the following findings are made:

1. The additional story will be in harmony with scale and bulk of dwellings on adjacent properties in the same zone, and will be compatible with the existing neighborhood character in the vicinity of the property; and

2. The additional story will not create a safety hazard, obstruct, interrupt or detract from existing views or be detrimental to surrounding properties in the same zone.

This subsection (b) shall not apply to basements proposed or existing within the main dwelling as basements are not considered a story.

(Amended by Ord. No. 6134 (N.S.) adopted 7-22-81)

(Amended by Ord. No. 6855 (N.S.) adopted 10-10-84)

(Amended by Ord. No. 7048 (N.S.) adopted 10-09-85)

(Amended by Ord. No. 7220 (N.S.) adopted 10-22-86)

(Amended by Ord. No. 9935 (N.S.) adopted 4-23-08)

(Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

4620 PERMITTED EXEMPTIONS FROM HEIGHT LIMITS.

The following structures shall be exempt from the maximum height provisions of an applicable height designator:

a. Radio and television receiving antennas no more than 200 feet in height of the type customarily used for home radio and television receivers.

b. Transmitting antennas no more than 200 feet in height used by licensed amateur (ham) or citizens band radio operators.

c. Flagpoles no more than 50 feet in height; provided, however, that flagpoles used as signs or attention-attracting devices shall be subject to the Off-Premise Sign Regulations commencing at Section 6200 and the On-Premise Sign Regulations commencing at Section 6250.

d. Signs no more than 50 feet in height except as otherwise limited by the Off-Premise Sign Regulations commencing at Section6200 and the On-Premise Sign Regulations commencing at Section 6250.

e. Grain elevators, silos and water tanks functionally used for commercial agriculture, boarding and breeding stables or public stables which are located in agricultural zones or S92 Use Regulations; provided that no such structure shall be more than 50 feet in height.

f. Chimneys no more than 100 feet in height located in industrial zones; and all other chimneys extending no more than 3 feet above

the highest point on the roof of the building to which they are attached.

g. Any structure for which a Major Use Permit is granted pursuant to other provisions of this ordinance, when the Major Use Permit authorizes an exemption to the height regulations.

h. Any structure used primarily to contain or support an Essential Services or Fire Protection Services use.

i. A Photovoltaic Solar Energy System extending not more than 5 feet above the highest point of the roof.

j. Wind turbines, windmills, wind-driven water pumps and appurtenant structures required for the function thereof.

k. Meteorological Testing (MET) Facility of less than 200 feet in height permitted in accordance with Section6123.

l. Brewery and associated structures, including water tanks or silos, not more than 50 feet in height, located in industrial or commercial

zones.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 5574 (N.S.) adopted 8-1-79)

(Amended by Ord. No. 6091 (N.S.) adopted 7-1-81)

(Amended by Ord. No. 6268 (N.S.) adopted 4-14-82)

(Amended by Ord. No. 6857 (N.S.) adopted 10-10-84. Opr. 1-1-85)

(Amended by Ord. No. 9690 (N.S.) adopted 12-15-04)

(Amended by Ord. No. 9971 (N.S.) adopted 02-25-09)

(Amended by Ord. No. 10035 (N.S.) adopted 1-27-10)

(Amended by Ord. No. 10072 (N.S.) adopted 9-15-10)

(Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

(Amended by Ord. No. 10463 (N.S.) adopted 4-14-17)

4622 EXCEPTIONS TO HEIGHT LIMITS WITH MINOR USE PERMIT.

Except as otherwise provided by Section 4620, the following structures may be erected and maintained above the maximum height permitted by an applicable height designator upon the issuance of a minor use permit therefore; provided, however, no such structure above such height limit shall be used for sleeping or eating quarters or for any commercial purpose other than such as may be incidental to the permitted uses of the main building:

a. Radio and television receiving antennas greater than 200 feet in height of the type customarily used for home radio and television receivers..

b. Transmitting antennas greater than 200 feet in height used by licensed amateur (ham) radio operators; and all transmitting antennas used by other than licensed amateur (ham) or citizens band radio operators

c. Flagpoles greater than 50 feet in height; provided, however, that flagpoles used as signs or attention-attracting devices shall be subject to the Off-Premise Sign Regulations commencing at Section 6200 and the On-Premise Sign Regulations commencing at Section 6250.

d. Signs greater than 50 feet in height except as otherwise limited by the Off-Premise Sign Regulations commencing at Section6200 and the On-Premise Sign Regulations commencing at Section 6250.

e. Provided the principle use of the property is commercial agriculture, a boarding and breeding stable or a public stable, grain elevators, silos and water tanks greater than 50 feet in height, and barns and all other structures greater than the permitted height limit of the zone, functionally used for commercial agriculture, a boarding and breeding stable or a public stable, which are located in agricultural zones or S92 Use Regulations; grain elevators, silos, and water tanks not located in agricultural zones or S92 Use Regulations, functionally used for commercial agriculture, boarding and breeding stables or public stables.

f. Chimneys greater than 100 feet in height located in industrial zones; and all other chimneys extending more than 3 feet above the

highest point on the roof of the building to which they are attached.

g. Towers, gables, spires, steeples, sundecks, scenery lofts, cupolas, and similar structures and necessary mechanical appurtenances; provided, however, that no such structure may extend more than 20 feet above the maximum height specified by the applicable height designator if of combustible materials.

h. Penthouse; provided, however, that no penthouse shall exceed 28 feet in height above the roof when used as an enclosure for tanks or for elevators which run to the roof and in all other cases shall not extend more than 12 feet in height above the roof; and further provided, however, that the aggregate area of all penthouses and other roof structures shall not exceed 33-1/3 percent of the area of the supporting roof.

i. A Photovoltaic Solar Energy System.

j. Wireless Telecommunications Facilities.

k. Brewery and associated structures, including water tanks and silos, greater than 50 feet in height located in industrial and commercial zones.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 5574 (N.S.) adopted 8-1-79)

(Amended by Ord. No. 6091 (N.S.) adopted 7-1-81)

(Amended by Ord. No. 9690 (N.S.) adopted 12-15-04)

(Amended by Ord. No. 10035 (N.S.) adopted 1-27-10)

(Amended by Ord. No. 10072 (N.S.) adopted 9-15-10)

(Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

(Amended by Ord. No. 10463 (N.S.) adopted 4-14-17)

4630 HEIGHT OF FENCES.

The height of fences shall be regulated by the Fencing and Screening Regulations commencing at Section6700.

(Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

4631 HEIGHT OF GUARD RAILINGS.

The height of guard railings for safety protection around depressed ramps, openwork fences, hedges or landscape architectural features shall be regulated by the Setback Regulations at Section 4835.

COVERAGE REGULATIONS

4700 TITLE AND PURPOSE.

The provisions of Section 4700 through Section 4799, inclusive, shall be known as the Coverage Regulations. The purpose of these provisions is to establish the maximum lot area which may be covered by buildings.

4705 COVERAGE DESIGNATOR NOTATION.

Coverage shall be indicated by either or both of the following, of which the most restrictive applies:

1. An Arabic numeral specifying as a decimal fraction the actual maximum portion of a lot or building site which may be covered by all buildings located on such lot or building site.

2. An Arabic numeral specifying as a whole number the actual maximum area in square feet which may be covered by all buildings located on such lot or building site.

A dash ("-") shall indicate that maximum coverage of the lot or building site, in either square feet or portion of the lot, is not regulated except as may otherwise be limited by required setbacks designator or that when used in conjunction with a Village Zone regulations shall be specified in the applicable Village Zone Development Regulations.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95)

(Amended by Ord. No. 10348 (N.S.) adopted 7-30-14)

4710 COVERAGE SPECIFICATION.

Maximum lot coverage shall be established to regulate the intensity of development and any such coverage may be specified by the Development Designator.

SETBACK REGULATIONS

4800 TITLE AND PURPOSE.

The provisions of Section 4800 through Section 4899, inclusive, shall be known as the Setback Regulations. The purpose of these provisions is to establish minimum front, side, and rear yard setback requirements for all buildings and other structures within San Diego County in order to assure light, air, privacy, and open areas appropriate to the use, location, and impact of uses and structures.

4805 SETBACK DESIGNATOR NOTATION.

Setbacks shall be indicated by a capital letter corresponding to one row of the Setback Schedule at Section4810 specifying the minimum dimensions of the front, side, and rear yard setbacks. A dash ("-") shall indicate that there are no setbacks required for the property, and may be used only where a dash has been used for the Building Type designator or that when used in conjunction with a Village Zone, regulations shall be specified in the applicable Village Zone Development Regulations.

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95)

(Amended by Ord. No. 10348 (N.S.) adopted 7-30-14)

4810 SETBACK SCHEDULE.

Setback designators used within the development unit shall be limited to those in the followingSchedule C:

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

*SCHEDULE C – SETBACK SCHEDULE (Zoning)

FRONT YARD (a) SIDE YARD REAR YARD

Abutting public street or private thoroughfare except those subject to Note (d). (Measured from Centerline) Interior Exterior (s) Setback Setback Setback Setbacks for certain Major Subdivisions measured DESIGNATOR measured measured recorded after January 1, 1966 from lot line Standard from the lot from (e) Setback Street Width in Feet: line centerline 50 52 56

A 100 100 100 100 15 35 50

B 60 60 60 60 15 35 50

C 60 60 60 60 15 35 25

D 60 (f) 60 (f) 60 (f) 60 (f) 15 (g) 35 25

E 60 60 60 60 0 (h) 35 (i) 15

F 60 60 60 60 (j) 35 25

G 50 45 46 48 10 35 40

H 50 45 46 48 10 35 25

I 50 45 46 48 7 ½ 35 25

J 50 45 46 48 5 35 25

K 50 45 46 48 5 (k) 35 25

L 50 45 46 48 5 (l) 35 25

M 50 50 50 50 5 (l) 35 25

N 50 (t) 45 46 48 5 35 25

O 50 50 50 50 0 (h) 35 25 (m)

P 50 50 50 50 0 (n) 35 15 (o)

Q 50 50 50 50 0 (h) 35 15

R (p) (p) (p) (p) 0 (h) 35 15

S 30 (q) 25 26 28 (j) 35 15

T 30 (q) 25 26 28 0 35 15

U 30 (q) 25 26 28 0 (r) 35 0 (r)

V Setbacks to be established during planned development, use permit or site plan review

W(v) 60 60 60 60 25 (v) 35 25

Note: (b) not used

• Fire Code Setbacks may be more restrictive. Check with Fire Authority having jurisdiction. For Additional Setback Regulations see sections 4815 and 4816.

(Amended by Ord. 5508 (N.S.) adopted 5-16-79. Effective 6-15-79)

(Amended by Ord. 6654 (N.S.) adopted 9-21-83. Effective 10-21-83)

(Amended by Ord. 7110 (N.S.) adopted 4-2-86. Effective 5-2-86)

(Amended by Ord. 8185 (N.S.) adopted 12-16-92.)

(Amended by Ord. No. 9935 (N.S.) adopted 4-23-08)

SETBACK SCHEDULE FOOTNOTES

a. Any front yard setback requirement shall be deemed to be met when the front yard setback provided at least equals the average of that established by existing buildings which occupy 50 percent or more of the lots which are:

1. Within the same zone;

2. On the same side of the street; and

3. Within the same block or within 300 feet in either direction from the subject property, whichever distance is lesser.

b. Not used.

c. Applicable only to lots shown on a final map of subdivision recorded after January 1, 1966, abutting street rights-of-way 50, 52, or

56 feet in width.

d. This provision applies only to those lots which front on a private street or easement which is less than 40 feet in width. The front yard setback required shall be 40 feet from the centerline of said street or easement. For lots fronting on the terminal end of said street or easement the 40 feet shall be measured from a point on the centerline of said street or easement at a distance of 20 feet in front of the intersection of said centerline and the front lot line.

e. Where a rear yard opens onto an alley, public park, or other permanent open space, 1/2 of the width of such alley, public park, or other permanent open space, may be considered as applying to the rear yard setback to the extent of not more than 50 percent of the required rear yard setback.

f. For any legal lot or building site less than 1/2 acre in area, the minimum front yard setback shall be 50 feet from the centerline. No

main building shall be located closer than 20 feet from the front lot line.

g. For any legal lot or building site less than 1/2 acre in area, the requirement for each interior side yard shall be reduced to 10 feet. For any such lot or building site less than 10,000 square feet in area, such requirement shall be reduced to 7-1/2 feet. For any such lot or site less than 7,500 feet in area, such requirement shall be reduced to 5 feet.

h. Five feet if lot line abuts property in a residential zone.

i. Exterior side yards shall be at least 5 feet in width measured from the property line.

j. The combined width of the side yards shall be 15 percent of the lot width, provided that no individual side yard shall be less than 5
feet in width nor required to be more than 20 feet in width, except that an exterior side yard shall have a setback no less than that
specified in the Setback Schedule.

k. Each side yard shall be increased by 2-1/2 feet for each dwelling unit in excess of 2, but in no case need such side yard exceed 10
feet in width.

l. An additional one foot for each side yard is required for each story above the second.

m. Fifteen feet if lot or building site is used exclusively for buildings with commercial principal uses or buildings with commercial
principal uses with one or more dwellings on the second story.

n. Five feet for lots with residential principal uses or whose lot lines abut property in a residential zone.

o. Twenty-five feet from lots with residential principal uses, except that lots with the RR Use Regulations in, or contiguous to, the
Campo Del Dios subdivision (Map Nos. 1819, 1832, 1841, 1901, 1954, 2029) shall not be subject to this restriction.

p. Equal to setback requirement of abutting property that is nearest main building.

q. If designator applies to a commercial or manufacturing/industrial zone and property fronts on a street where 50 percent or more of
the total frontage between two intersecting streets is in one or more residential zones, the front yard setback requirement shall be equal
to that of the most stringent residential zone fronting the street.

r. Yards abutting property in another zone shall have setbacks equal to those required by that zone.

s. The exterior side yard setback as measured from the nearest edge of the right-of-way shall not be less than that required for the
interior side yard.

t. Twenty feet in front yard abutting a street 30 feet or less in width.

u. Windmills, wind-driven water pumps and appurtenant structures required for the function thereof, shall be exempted from the
provisions of an applicable setback designator.

v. The "W" setback designator may be applied only to property having use regulations requiring a minimum lot size of 2 acres or
greater. Where applied, the interior side yard setback shall be 15 feet for:

1) any legal lot less than 2 acres in area;

2) any legal lot developed with a structure used or intended for use as a dwelling prior to the effective date of the ordinance
applying the "W" designator to the property in question; or

3) any legal lot less than 3 acres in area, created prior to August 10, 1988, the original date of adoption of the San Diego
County Interim Sensitive Lands Ordinance.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6268 (N.S.) adopted 4-14-82)

(Amended by Ord. No. 6761 (N.S.) adopted 4-25-84)

(Amended by Ord. No. 7110 (N.S.) adopted 4-2-86)

(Amended by Ord. No. 7740 (N.S.) adopted 3-28-90)

(Amended by Ord. No. 8185 (N.S.) adopted 12-16-92)

(Amended by Ord. No. 8482 (N.S.) adopted 11-30-94)

(Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

4813 SETBACKS ESTABLISHED BY MAJOR USE PERMIT.

When a major use permit for a use or structure is granted, the use permit may authorize an exception to the Setback Regulations and establish other setback and spacing requirements as a condition thereof.

(Amended by Ord. 5508 (N.S.) adopted 5-16-79)

SUPPLEMENTARY SETBACK REGULATIONS

4815 ADDITIONAL ROAD SETBACKS.

In addition to the setback regulations established by the Zoning Ordinance, all buildings or other structures shall comply with the setbacks as established by Chapter 3 (commencing at Section 51.301) of Division 1 of Title 5 of the County Code.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79. Effective 6-15-79)

(Amended by Ord. No. 5786 (N.S.) adopted 6-4-80. Effective 7-4-80)

(Amended by Ord. No. 8166 (N.S.) adopted 10-21-92)

(Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

4816 SPECIAL SETBACKS ON SELECTED STREETS.

Notwithstanding the provisions of the setback schedule or the special setbacks established by the Centerline Ordinance, no building or structure shall be allowed closer to the centerline of the street than specified in the following table:

Minimum Setback From Zone or Use Regulation Within

Street Centerline Which Special Setback Applies

Minimum Setback From Zone or Use Regulation Within

Street Centerline Which Special Setback Applies

Alvarado Street (north side) in Fall- brook, between Vine Avenue & * All Zones Brandon Road Alvarado Street in Fallbrook, between Main & Vine Avenues * All Zones

California State Highway 76 (Pala Road), between the south line of 100' All Zones Section 17 T10S, R3W, and west line of Section 6, T10S, R2W.

Campo Road in Casa de Oro, between Rogers Road and State Highway 94 75' Commercial Zones Freeway

Citrus Avenue in the Escondido area, between Bear Valley Parkway & 62' All Zones State Hwy. 78 (San Pasqual Valley Road)

Dehesa Road in Dehesa, between Willow Glen Drive & Harbison Canyon 70' Commercial ZonesRoad East Mission Road in Fallbrook, between Main Avenue & Iowa Street * All Zones East Vista Way in the Vista area, between Mission Avenue & Barsby Street 70' Commercial Zones

Minimum Setback Zone or Use Regulation Within Street From Centerline Which Special Setback Applies

Minimum Setback Zone or Use Regulation Within Street From Centerline Which Special Setback Applies

Greenfield Drive in the El Cajon area, between Bermuda Lane & Madison 70' Commercial Zones Avenue La Cresta Road in the El Cajon area, between Greenfield Drive & Valley 70' Commercial ZonesRim Road. Lakeshore Drive in Lakeside, between River and Vine Streets 30' All Zones

Lakeshore Drive in Lakeside, between Channel Road and River Street 40' All Zones

Laurel Street in Lakeside, between River and Vine Street 30' All Zones

Los Coches Road in Lakeside, between Julian Avenue & Old Highway 80 62' All Zones

Lynnwood Drive in Bonita, between Bonita Road & Lynndale Lane 37' Commercial Zones

Main Avenue in Fallbrook, between East Mission Road & Fig Street * All Zones Maine Avenue in Lakeside between Mapleview Street & Los Coches 30' All Zones Road Monte Vista Road in the Vista area 70' All Zones Nutmeg Street in the Escondido area, between U.S. Interstate 15 Freeway 70' Residential Zones& Country Club Drive

Old Highway 80 (north side) in Lake- side between a point 1500 feet

west of Los Coches Road & a point 700 feet easterly of East 70' Commercial Zones

Lakeview Road.

Minimum Setback Zone or Use Regulation Within Street From Centerline Which Special Setback Applies

Street Minimum Setback Zone or Use Regulation Within From Centerline Which Special Setback Applies

Parkside Street in Lakeside, between River and Vine Streets 30' All Zones Parkside Street (north side) in Lakeside, between Channel Road and River 40' All ZonesStreet River Street in Lakeside 40' All Zones San Diego County Hwy. Commission Route 8 in Lakeside between Vine 30' All Zones Street and Julian Avenue Mission Avenue in the Vista area, between East Vista Way & City of 70' All Zones Oceanside State Hwy. 78 (San Pasqual Valley Road) in the Escondido area, 62 Residential Zones between Birch Avenue & Summit Drive South Santa Fe Avenue in the Vista area, between a point 150 feet north-westerly of Montgomery Drive and a point 450 feet southerly of 70' Commercial & Industrial Zones Palmyra Drive Via de la Valle (north side), between Via del Canon and Camino Real 75' Commercial Zone Vine Street (westerly side) in Lakeside between Mapleview Street & 40' All Zones Woodside Avenue Vine Street in Lakeside, between Woodside Avenue & Los Coches Road 30' All Zones Vista Avenue in the Escondido area 70' All Zones

Willow Glen Drive in Dehesa between Dehesa Road & the south line 70' Commercial Zones of Section 16, T6S, R1E.

Minimum Setback Zone or Use Regulation Within Street From Centerline Which Special Setback Applies

Woodside Avenue in Lakeside, between Vine and River streets 30' All Zones All streets in Pine Hills zoned E1 as of January 1, 1978 50' All Zones Rancho Road and Date Lane in the Campo Del Dios subdivision (Map 40' RR.5 Nos. 1897, 1841, 1901, 1954, 2029) All streets in the Campo Del Dios subdivision (Map Nos. 1819, 1837, 25' (30' for garage 1841, 1901, 1954, 2029) with a 30 foot right-of-way, and the street RR.5 structures)opening that extends Grape Lane to Del Dios Highway.

• Minimum setback shall be consistent with the Main Building Setback regulations in the applicable Fallbrook Village Zone Regulations.

(Amended by Ord. No. 6268 (N.S.) adopted 4-14-82)

(Amended by Ord. No. 6543 (N.S.) adopted 3-2-83)

(Amended by Ord. No. 8166 (N.S.) adopted 10-21-92)

(Amended by Ord. No. 8482 (N.S.) adopted 11-30-94)

(Amended by Ord. No. 8897 (N.S.) adopted 3-18-98)

(Amended by Ord. No. 9620 (N.S.) adopted 12-10-03)

4817 FRONT YARD SETBACK WHEN CENTERLINE NOT ADOPTED.

When the centerline of the street fronting a lot or building site has not been officially adopted, the front yard setback shall be measured perpendicularly to the assumed centerline of the street, determined as a point in the street equally distant from each outer edge of the street.

4818 THROUGH LOTS TO HAVE TWO FRONT YARDS.

A through lot shall maintain a front yard adjacent to each street upon which it fronts and to which it has access rights. When access rights are relinquished to one of the abutting streets, that portion of the lot shall maintain the rear yard setback.

(Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

4819 RELATION TO BUILDING TYPE REGULATIONS.

Setbacks required by an applicable setback designator shall apply to all buildings except that semi-detached, duplex and attached building types permitted by an applicable building type designator shall not be subject to the interior side yard requirements of such setback designator along those interior side lot lines where buildings are attached.

4822 REQUIRED FRONT AND REAR YARD FOR LOTS OF SUBSTANDARD DEPTH.

Notwithstanding other provisions of these Setback Regulations, in any zone other than a commercial or manufacturing/industrial zone or the Fallbrook Village Zones any lot or parcel which existed prior to December 31, 1969, and which is 90 feet or less in depth shall have the following:

a. A minimum front yard setback of 40 feet measured from the centerline of the abutting street;

b. A minimum front yard setback of 20 feet measured from the front lot line; and

c. A minimum rear yard setback of 15 feet measured from the rear lot line.

(Amended by Ord. No. 9620 (N.S.) adopted 12-10-03)

4823 FRONT YARD REQUIREMENTS FOR CORNER LOTS HAVING RELINQUISHED ACCESS RIGHTS.

For corner lots where all access rights except for a private easement road have been relinquished to an abutting street, the required front yard setback shall be measured from the street which provides access. That portion of the lot abutting the street where access rights have been relinquished shall observe the required exterior side yard setback. For a lot with streets on three sides, that portion of the lot which is opposite and most distant from the street which provides access, shall observe the required rear yard setback if access rights have been relinquished to that abutting street.

(Added by Ord. No. 7306 (N.S.) adopted 5-20-87)

(Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

4825 YARD REQUIREMENTS INCREASED ON LOTS ABUTTING HALF STREETS.

A building or other structure shall not be erected or maintained on a lot or building site which abuts a street or alley having only a portion of its required width dedicated and where no part of such dedication would normally revert to said lot or building site if the street or alley were vacated, unless the yards provided and maintained in connection with such building or structure have a width or depth of that portion of the lot or parcel of land needed to complete the street or alley width, plus the width or depth of the yards required on the lot or parcel of land by an applicable setback designator. This section applies whether this ordinance requires yards or not. The Planning Commission, upon request, shall determine the required street or alley width.

4827 FRONT YARD REQUIREMENTS ON CUL-DE-SACS.

Except where the column of the Setback Schedule headed "Front Yard-Abutting Private Thoroughfare" applies, the front yard setback of any lot or building site at the end of any cul-de-sac shall be measured as follows:

a. Cul-de-Sac To Be Extended. Where provision has been made for the future extension of said cul-de-sac, then, for the purpose of determining the front yard setback, the centerline of said cul-de-sac shall be deemed to extend through the property reserved for such extension.

b. Cul-de-Sac Not To Be Extended and Turnaround Space Provided. Where no provision has been made for the future extension of said cul-de- sac, and the terminal portion of said cul-de-sac has been enlarged in such a way that the diameter thereof is greater than the width of the portion of the street adjoining such terminal portion, then, for the purpose of determining the front yard setback, the centerline of such terminal portion shall be deemed to be one of the following depending on the diameter of such terminal portion:

1. For any cul-de-sac with a terminal portion 80 feet or less in diameter, the point 1/2 of the width of said terminal portion distant from the intersection of said centerline of said cul- de-sac with the end of said cul-de-sac.

2. For any cul-de-sac with a terminal portion greater than 80 feet in diameter, the line equidistant from and 40 feet within the exterior right-of-way line of such enlarged terminal portion. c. Cul-de-Sac Not To Be Extended and Turnaround Space Not Provided. Where no provision has been made for the future extension of said cul-de-sac, and the terminal portion of said cul-de-sac has not been enlarged in the manner described in subsection "b" hereof, then, for the purpose of determining the front yard setback, the centerline of such terminal portion shall be deemed a point on the centerline of such cul-de-sac which point is 1/2 of the width of the cul-de-sac distant from the intersection of said centerline of said cul- de-sac with the end of said cul-de-sac.

4829 YARDS ADJACENT TO SERVICE ROADS.

For any lot or building site abutting a service road or street or outer highway contiguous to a main street or thoroughfare, front yard and exterior side yard setbacks shall be measured from the centerline of the service road or street or highway and not from the centerline of the main street or thoroughfare.

4830 YARDS ADJACENT TO INTERNATIONAL BORDER WITHIN MOUNTAIN EMPIRE SUBREGIONAL PLAN AREA

For any lot or building site located within the boundaries of the Mountain Empire Subregional Plan Area in the vicinity of the International Border, the applicable yard requirements shall be adjusted to provide 90 feet of open space northerly of the Public Reserve Boundary. This 90 feet of open space paralleling the International Border is intended to function along with the 60-foot wide Public Reserve Area as a view corridor and emergency access corridor to facilitate law enforcement and fire protection. The provisions of this section may be waived or modified through the Administrative Permit Procedure commencing at Section 7050 in cases where a hardship will be considered to exist if the remaining property (excluding the 90-foot wide Border setback) meets any of the following criteria:

1. Is less than 4,500 square feet in area;

2. is less than 45 feet deep;

3. has an average slope over 25%;

4. has unique characteristics which would render it unusable, such as rock outcroppings, drainage swales, or conflicting easements of record.

Such waivers of the Border setback as provided for herein shall not include waiver of setbacks otherwise required by zoning.

All requests for waiver or modification of the 90 foot Border setback will be referred to the local office of the Immigration and Naturalization Service (INS) subject to Section 7060(e).

(Added by Ord. No. 7246 (N.S.) adopted 12-10-86)

4832 FORMULA FOR MODIFYING YARD REQUIREMENT.

The Planning Commission may, by resolution, adopt a formula or establish standard practices by which to determine an appropriate and practical modification of required front, side and rear yard setbacks in all zones where geometric shape and dimensions and topography are such as to make the literal application of such required yard setbacks impractical. After the adoption of such formula or standard practices and the approval thereof by the Board of Supervisors, they shall be applied as an administrative act.

4835 EXCEPTIONS TO REQUIRED OPENNESS OF REQUIRED YARDS.

Every part of each required yard shall be open and unobstructed from finished grade to the sky except for buildings, structures and projections allowed in such yard by the following table. Any building, structure or projection not specifically allowed in a required yard by the following table is prohibited. These restrictions shall not apply to buildings, structures or projections located in yards or portions thereof which are not required by an applicable setback designator or by other provisions of these Setback Regulations. (Provisions of the County Building Code, County Fire Code, local Fire Protection District Fire Code or other applicable regulations may be more restrictive. Detached accessory buildings shall observe the most restrictive setbacks, including those prescribed by Section 4842.)

(Amended by Ord. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

(Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

CPERMITTED BUILDINGS, STRUCTURES AND PROJECTIONS IN REQUIRED YARDS

(Part of Section 4835)

Building, Structure or Interior Exterior Front Yard Rear Yard of Interior Lot Rear Yard of Corner Lot Projection Side Yard Side Yard

a. Detached accessory storage

buildings, work and hobby shops Permitted in agricultural, Permitted in agricultural, except: outdoor swimming pools, Permitted in residential and S92 use residential, and S92 use private garages, carports, stands, agricultural, regulations but may not regulations, but may not living units and other habitable Not permitted. residential, Not permitted. cover more than 50 percent cover more than 50 percent space; must meet setback per and S92 use of the required yard in of required yard in Section 4842. The combined area regulations. combination with all detachedcombination with all detached of all structures projecting (partially accessory structures. accessory structures. or wholly) into the setback shall not

exceed 1,000 sq. ft.

Permitted in agricultural, Permitted in agricultural, residential, and S92 use residential, and S92 useb. Outdoor swimming pools; If indoor Permitted in regulations but may not regulations, but may notor the only structure on a lot or agricultural, Not permitted. Not permitted. cover more than 50 percent cover more than 50 percentbuilding site, it must meet main residential, of the required yard in of the required yard inbuilding setbacks. and S92 use. combination with all detachedcombination with all detached accessory structures. accessory structures. Permitted in agricultural, Permitted in agricultural, Permitted inc. Private detached garages and residential, and S92 use residential, and S92 use agricultural and Permitted incarports; must meet setback per regulations, if detached, but regulations, if detached, but residential zones agricultural,Section 4842. The combined area of may not cover more than 50 may not cover more than 50 only if in residential, Not permitted.all structures projecting (partially or percent of the required yard percent of the required yard conformancewith and S92 usewholly) into the setback shall not in combination with all in combination with all regulations at regulations.exceed 1,000 sq. ft. detached accessory detached accessory Section 4837. structures. structures.

Interior Exterior

Building, Structure or Projection Front Yard Rear Yard of Interior Lot Rear Yard of Corner Lot Side Yard Side Yard

d. Living units including guest living quarters, enclosed pool houses, art ---------------------------------------------------------------------------Not permitted.----------------------------------------------- or music studios and recreation ------------- rooms. Permitted where stands are ------------------------------------------------------------------Not permitted.----------------------------------- e. Stands allowed by --------------

Permitted in all zones but Permitted in all zones but Permitted in all Permitted in all may not exceed 12 feet in may not exceed 12 feet in zones but not Permitted in allzones but not height nor cover more than height nor cover more than f. A Photovoltaic Solar Energy more than 30 zones but may more than 30 50 percent of the required 50 percent of the required System inches above not exceed 12inches above yard in combination with all yard in combination with all grade. feet in height. grade. detached accessory detached accessory structures. structures. Permitted in all zones if in conformance with Fencing and Landscaping Regulations commencing at g. Fences Section 6700.

Permitted in commercial and manufacturing/industrial zones only if in conformance with regulations at

h. Outdoor area lighting on poles. Section 6324. Tennis court lighting permitted pursuant to regulations in Sections 6324 and 6708. i. Roofed, open sided patios which Permitted in all zones but may not cover more than 50 are attached and part of main percent of the required yard in combination with all building or roofed, open sided patios ----------------Not permitted.------------------------- detached accessory structures and must be set back from which are detached, less than 12 feet - the rear lot line a distance equal to the required interiorin height and less than 1,000 square feet in area. side yard.

Interior Exterior

Building, Structure or Projection Front Yard Rear Yard of Interior Lot Rear Yard of Corner Lot Side Yard Side Yard

j. Sidewalk arcades and similar Permitted by architectural features of buildings ---------------------------------------------------------------------Not permitted.-------------------------------- Minor Use containing principal commercial use -------- Permit. types. k. Uncovered, unenclosed balconies, extending above the ------------------------------------------------------------------------Not permitted.------------------------------------------------- level of first floor with exterior --- access of building. l. Uncovered, unenclosed Permitted in all zones but may not cover more that 50porches, platforms or landing percent of the required yard in combination with all places not extending above level --------------------Permitted in all zones------------ detached accessory structures and must be set back from of first floor with exterior access of -------- the rear lot line a distance equal to the required interior side building and not more than 30 yard. inches above grade.

m. Cornices, eaves, belt courses, ------------------------------Permitted in all zones but may not extend more than 2 feet into yard.--------------------water tables, sills, buttresses, capital, ------------------------bases, fireplaces and garden windows. n. Open unenclosed stairways, Not Permitted in all zones but may not extend or project more than 3 feet into the required and fire escapes, not covered by a permitted. yard. roof or canopy and open beneath. Permitted if the required Permitted in side yard is o. Bay and architectural windows all zones but provided floor area is not increased, may not not less than not exceeding 24 square feet each in 10 feet and Permitted in all zones but may not extend more than 2 feet into required extend morewall opening area, and with a sill may not yard. height not less than 18 inches above than 2 feet extend more finished floor. into required than 2 feet yard. into required yard.

Interior Exterior

Building, Structure or Projection Front Yard Rear Yard of Interior Lot Rear Yard of Corner Lot Side Yard Side Yard

p. Uncovered, unenclosed pedestrian access deck, bridge, Permitted on single-family lots on downhill side of street but may not project more than 3 feet into any ramp or walkway to the level of the required yard. Must be open beneath. floor closest to the street level. q. Guard railings for safety protection around depressed ------------------- Permitted in all zones but may not be more than 42 inches in height. ----------------------- ramps, open-work fences, hedges, or landscape architectural features. r. Animal containments including pens, coops, aviaries, hutch, --------------------------See Animal Regulations commencing at Section3100----------------------------------- stables barns and corrals. s. Trees, shrubs, and flowers. Permitted in all Zones

t. Electric Vehicle Charging Station Permitted in commercial and industrial use regulations but must be a minimum of 3 feet from propertypedestals not more than 54 inches line.above grade

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 7576 (N.S.) adopted 1-11-89)

(Amended by Ord. No. 5933 (N.S.) adopted 11-19-80)

(Amended by Ord. No. 8166 (N.S.) adopted 10-21-92)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95)

(Amended by Ord. No. 6761 (N.S.) adopted 4-25-84)

(Amended by Ord. No. 8897 (N.S.) adopted 3-18-98)

(Amended by Ord. No. 6855 (N.S.) adopted 10-10-84)

(Amended by Ord. No. 9690 (N.S.) adopted 12-15-04)

(Amended by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Amended by Ord. No. 9935 (N.S.) adopted 4-23-08)

(Amended by Ord. No. 7110 (N.S.) adopted 4-2-86)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

(Amended by Ord. No. 7220 (N.S.) adopted 10-22-86)

(Amended by Ord. No. 10072 (N.S.) adopted 9-15-10)

(Amended by Ord. No. 7432 (N.S.) adopted 1-06-88)

(Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

(Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

4837 PRIVATE GARAGE PERMITTED IN REQUIRED FRONT YARD SUBJECT TO REGULATIONS.

Notwithstanding the requirements of Section 4835 referring to the permitted intrusion of private garages into required front yards, because of slope, a private garage accessory to a dwelling, may intrude into the front yard if it meets the following conditions, is not built closer than ten feet from any rear or side lot line; and the proposed garage location is the only practical one for the garage:

If the half of a lot that abuts a street from which garage access is taken has a slope of greater than one foot rise or fall over a seven foot

distance or the slope is such that this half of the lot is more than four feet above or below the established street elevation, the garage may be built to within ten feet of the front lot line.

The garage may be built to the front lot line if the slope of the lot meets the same requirements mentioned above and the Director finds that it would not be a hazard to pedestrian or vehicular traffic.

This Section 4837 is not intended to allow a garage to be located within the front yard setback if it replaces a pre-existing garage that has been converted, or is proposed to be converted, to another use nor to allow a second garage on property where there is an existing garage.

(Amended by Ord. No. 6134 (N.S.) adopted 7-22-81)

(Amended by Ord. No. 6855 (N.S.) adopted 10-10-84)

(Amended by Ord. No. 7576 (N.S.) adopted 1-11-89)

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95)

4838 WATER TANK FOR FIRE PROTECTION PERMITTED IN REQUIRED YARDS SUBJECT TO REGULATIONS.

Notwithstanding the requirements of Section 4835 referring to permitted location of accessory structures within required yards, a water storage tank for fire protection may encroach into required yards if it meets all the following criteria:

1. Is required by the County Fire Marshal or Fire District serving the property;

2. Is not built closer than 10 feet from any street line and 3 feet from any other property line;

3. Does not exceed 15 feet in height and 12 feet in diameter; and

4. Is the only practical location which would assure gravity flow to the serving fire hydrant(s) or standpipe(s).

These water tanks may encroach closer to street lines and/or property lines than specified above, provided the Director finds that the encroachment would not be detrimental to adjacent properties and/or vehicular or pedestrian traffic.

(Added by Ord. No. 8166 (N.S.) adopted 10-21-92)

(Amended by Ord No. 9690 (N.S.) adopted 12-15-04)

4840 REQUIRED DISTANCE BETWEEN DETACHED MAIN BUILDINGS.

No main building 2 stories or less in height shall be closer than 10 feet to any other main building to which it is not attached on the same lot or building site, and no main building exceeding 2 stories in height shall be closer than 15 feet to any other main building to which it is not attached on the same lot or building site.

4841 REQUIRED DISTANCE BETWEEN DETACHED ACCESSORY BUILDINGS AND MAIN BUILDINGS.

No detached accessory building walls shall be closer than 6 feet to any main building walls or other accessory building walls on the same lot or building site and no detached accessory building eaves shall be closer than 4 feet to any main building eaves or other accessory building eaves on the same lot or building site. When the distance between either the walls or the eaves of a detached accessory building and a main building or living unit are less than specified in this section, the buildings are deemed attached for the purpose of determining setbacks and both must meet the setbacks prescribed for a main building.

Exceptions to this section are:

1. More restrictive separation may be required by the Animal Enclosure Setbacks in Section3112.

2. There is no prescribed separation between chicken coops.

3. Swimming pools which do not extend more than 3 feet above the ground adjacent thereto.

(Amended by Ord. No. 6761 (N.S.) adopted 4-25-84)

(Amended by Ord. No. 7306 (N.S.) adopted 5-20-87)

(Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

4842 SETBACKS FOR DETACHED ACCESSORY BUILDINGS AND STRUCTURES.

a. No detached accessory building shall be located with walls closer than 3 feet or eaves closer than 2 feet from interior side or rear property lines.

b. No detached accessory building authorized by Section 6156.g exceeding 1,000 square feet in area shall be located within a required setback pursuant to Section 4810.

c. The combined area of all detached accessory buildings authorized by Section6156.g, having any portion within the required setback pursuant to Section 4810, shall not exceed 1,000 square feet.

(Added by Ord. No. 6761 (N.S.) adopted 4-25-84)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

(Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

4844 EXCEPTION TO SETBACK REQUIREMENTS FOR CERTAIN STRUCTURES DAMAGED OR DESTROYED BY NATURAL DISASTERS

The Director may grant an exception to the setback requirements to allow repair or replacement of a structure that was damaged or destroyed by a natural disaster that has been proclaimed by the Board of Supervisors as a local emergency, if he or she finds that there is no feasible way to rebuild in compliance with the required setbacks. The exception shall only allow repair or reconstruction of a structure which is substantially the same as that damaged or destroyed, or which more nearly conforms to the setback regulations.

(Added by Ord. No. 9658 (N.S.) adopted 6-23-04)

USABLE OPEN SPACE REGULATIONS

4900 TITLE AND PURPOSE.

The provisions of Section 4900 through Section 4999, inclusive, shall be known as the Usable Open Space Regulations. The purpose of these provisions is to promote the availability of outdoor areas for leisure and recreation throughout San Diego County by establishing requirements for minimum areas of usable open space for residential developments with three or more dwelling units per lot or building site.

4905 USABLE OPEN SPACE DESIGNATOR NOTATION.

Usable open space shall be indicated by a capital letter corresponding to one row of the Usable Open Space Schedule at Section4910 specifying the minimum square feet of private and group usable open space for each dwelling unit in a residential development with three or more dwelling units per lot or building site. A dash ("-") shall indicate that there is no useable open space requirement or that when used in conjunction with a Village Zone, regulations shall be specified in the applicable Village Zone Development Regulations.

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95)

(Amended by Ord. No. 10348 (N.S.) adopted 7-30-14)

4910 USABLE OPEN SPACE DESIGNATORS SCHEDULE.

Usable open space designators used within the development unit shall be limited to those in the followingSchedule D:

SCHEDULE D

USABLE OPEN SPACE SCHEDULE

USABLE OPEN SPACE PER DWELLING UNIT

(square feet)

DESIGNATOR PRIVATE GROUP

USABLE OPEN SPACE PER DWELLING UNIT

(square feet)

DESIGNATOR PRIVATE GROUP

A 0 0

B 0 150

C 0 500

D 0 800

E 100 0

F 100 150

G 100 500

H 100 800

I 350 0

J 350 150

K 350 500

L 350 800

M 600 0

N 600 150

O 600 500
P 600 800

4915 PRIVATE USABLE OPEN SPACE STANDARDS.

The purpose of these provisions is to prescribe standards for the development and maintenance of open areas, each of which is provided for the exclusive use of the occupants of one dwelling unit and which is intended to serve the needs of said occupants for a private, outdoor space avail- able for recreation and leisure activities. Each private usable open space shall conform to the following standards:

a. Surfacing. A surface shall be provided which allows convenient use for outdoor activities. Such surface shall be any practicable combination of lawn, garden, flagstone, wood planking, concrete, asphalt, or other serviceable, dustfree surfacing. Slope shall not exceed 10 percent. Off-street parking and loading areas, driveways and service areas shall not be counted as usable open space. Adequate guard railings or other protective devices shall be erected wherever necessary for space on a roof or balcony, but shall not be more than 4 feet high and shall conform to the requirements of any applicable height designator.

b. Location. The space may be located anywhere on the same lot as the dwelling unit it serves, except that above-ground-level space shall not be located within 5 feet of an interior side lot line. All spaces shall be adjacent to and not more than 15 feet above or below the floor level of the dwelling unit served.

c. Size and Shape. An area of contiguous ground-level space shall be of such size and shape that a rectangle inscribed within it shall have no dimension less than 10 feet. An area of above-ground-level space shall be of such size and shape that a rectangle inscribed within it shall have no dimension less than 5 feet. When space is located on a roof, the area occupied by vents or other structures which do not enhance usability of the space shall not be counted toward the above dimension.

d. Accessibility. The space shall be accessible to only one dwelling unit.

e. Openness. There shall be no fixed, immovable obstructions over ground-level space except for devices to enhance its usability, such as sun shades, patio covers and awnings, and except that not more than 50 percent of the space may be covered by a private balcony projecting from a higher story. Above ground-level space shall have at least one exterior side open and unobstructed, except for incidental railings or balustrades, for 8 feet above its floor level.

f. Enclosure. Ground-level space shall be screened from abutting lots, streets, alleys, and paths, from abutting private ways, and from

other open space areas on the same lot by a building wall, by dense landscaping not less than 5 feet high and not less than 3 feet wide, or by a solid or grille lumber or masonry fence or wall not less than 5 feet high, subject to the requirements of the Fencing and Landscaping Regulations commencing at Section 6700. However, when such screening would impair a beneficial outward and open orienta- tion of view, with no building located opposite and within 50 feet from such required screening, as measured perpendicularly therefrom a horizontal plane, the above-prescribed height may be reduced to 3 feet.

g. Maintenance. All required private usable open space shall be permanently maintained.

4917 GROUP USABLE OPEN SPACE STANDARDS.

The purpose of these provisions is to prescribe standards for the development and maintenance of open areas provided for the use of the occupants of dwelling units and intended to serve their needs for outdoor open space available for group recreation and leisure activities. The design of all group usable open space must be suitable for such group uses and shall conform to the following standards:

a. Surfacing. A surface shall be provided which allows convenient use for outdoor activities. Such surface shall be any practicable combination of lawn, garden, flagstone, wood planking, concrete, asphalt, or other serviceable, dustfree surfacing. Slope shall not exceed 10 percent. Off-street parking and loading areas, driveways, and service areas shall not be counted as usable open space. Adequate guard railings or other protective devices shall be erected wherever necessary for space on a roof, but shall not be more than

4 feet high and shall conform to the requirements of any applicable height designator.

b. Location. The space may be located anywhere on the same lot as the dwelling units it serves, within 20 feet of the nearest dwelling unit served, except that not more than 20 percent of the required area may be located on the roof of any building other than an attached garage or carport.

c. Size and Shape. An area of contiguous space shall be of such size and shape that a rectangle inscribed within it shall have no dimension less than 15 feet. Narrow strips of open space, such as landscaped strips, adjoining but projecting away from such a rectangle shall not be counted toward the usable open space requirement. When space is located on a roof, the area occupied by vents or other structures which do not enhance usability of the space shall not be counted toward the above dimension.

d. Accessibility. The space shall be accessible to all the dwelling units on the lot or building site.

e. Openness. There shall be no fixed, immovable obstructions above the space except for devices to enhance its usability, such as sun shades, patio covers, and awnings.

f. Screening. Ground-level space shall be screened from abutting lots, wall, by dense landscaping not less than 3 feet high and not

less than 3 feet wide, or by a solid or grille lumber or masonry fence or wall not less than 3 feet high, subject to the requirements of the Fencing and Landscaping Regulations commencing at Section 6700.

g. Maintenance. All required group usable open space shall be permanently maintained.

(Amended by Ord. No. 8247 (N.S.) adopted 5-19-93)

4920 LOCATION OF USABLE OPEN SPACE.

Usable open space areas shall not be located in any required front or exterior side yard.

PART FIVE: SPECIAL AREA REGULATIONS

GENERAL PROVISIONS

5000 GENERAL INTENT OF THE SPECIAL AREA REGULATIONS.

The provisions of Section 5000 through Section 5999, inclusive, shall be known as the Special Area Regulations. The purpose of these provisions is to set forth specialized regulations which have limited application within San Diego County and which assure that consideration is provided areas of special interest or unusual value.

5010 MODIFICATIONS IMPOSED BY SPECIAL AREA REGULATIONS.

The provisions of individual special area regulations shall be in addition to regulations imposed by the Use Regulations, Animal Regulations or Development Regulations. When more than one regulation is applicable to the same subject matter within a zone, the most restrictive regulation shall apply.

(Amended by Ord. No. 8166 (N.S.) adopted 10-21-92)

5015 APPLICATION AND DESIGNATION.

a. Application. A Special Area Regulation shall be deemed applicable when conditions or purposes specified within individual Special Area Regulations are found present within San Diego County and a Special Area Designator is included within a zone.

b. Location of Designator. Designators for Special Area Regulations shall follow the designators for the Development Regulations.

c. Notation. Special Area Regulations applicable within a zone shall be indicated by a letter pursuant to the table at Section5025.

d. Exemption. The following uses are exempt from Special Area Regulators that require a discretionary review.

1. Low Barrier Navigation Centers

2. Emergency Shelters

3. Supportive Housing Projects

4. Housing development projects that require ministerial approval pursuant to state law.

A dash ("-") shall indicate that there are no Special Area Regulations applicable to the property.

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95)

(Amended by Ord. No. 10858 (N.S.) adopted 7-19-23)

5020 USE PERMITS.

When Special Area Regulations require the issuance of a Minor Use Permit or a Major Use Permit, such permits shall only be issued when the proposed use satisfies all conditions and requirements of the Special Area Regulations and is found consistent with the intent and purpose of the applicable Special Area Regulations.

5025 LISTINGS OF DESIGNATORS.

The following shall be used as appropriate.

Designator Special Area Designator (See Section)

Designator Special Area Designator (See Section)

A Agricultural Preserve 5100-5110 B Community Design Review Area 5750-5799 C Airport Land Use Compatibility Plan Area 5250-5260 D Design Review 5900-5910 E Fault Displacement 5400-5406 F Flood Plain 5500-5522 G Sensitive Resource 5300-5349 H Historic/Archaeological Landmark or District 5700-5747 J Specific Historic District 5749 P Planned Development 5800-5806 R Coastal Resource Protection Area 5950-5957 S Scenic 5200-5212 T Unsewered Area 5960-5964 V Vernal Pool Area 5850-5856 W Flood Channel 5450-5472 FCI Former Forest Conservation Initiative Properties 5970-5972

(Amended by Ord. No. 5330 (N.S.) adopted 12-13-78)

(Amended by Ord. No. 6186 (N.S.) adopted 11-18-81)

(Amended by Ord. No. 6236 (N.S.) adopted 2-17-82)

(Amended by Ord. No. 6240 (N.S.) adopted 2-17-82)

(Amended by Ord. No. 6743 (N.S.) adopted 1-11-85)

(Amended by Ord. No. 7101 (N.S.) adopted 3-12-86)

(Amended by Ord. No. 7127 (N.S.) adopted 5-07-86)

(Amended by Ord. No. 7630 (N.S.) adopted 5-23-89)

(Amended by Ord. No. 8114 (N.S.) adopted 7-29-92)

(Amended by Ord. No. 8166 (N.S.) adopted 10-21-92)

(Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

(Amended by Ord. No. 10661 (N.S.) adopted 2-26-20)

5030 SPECIFIC PLANS.

If a Specific Plan has been adopted for property which is also subject to the S88 Specific Planning Area Use Regulations, any provisions of the Specific Plan relating to subjects contained in the Special Area Regulations in this part shall prevail over The Zoning Ordinance regulations to the extent of any conflict between them.

(Added by Ord. No. 8581 (N.S.) adopted 9-20-95)

AGRICULTURAL PRESERVE AREA REGULATIONS

5100 TITLE AND PURPOSE.

The provisions of Section 5100 through Section 5149, inclusive, shall be known as the Agricultural Preserve Area Regulations. The purpose of these provisions is to aid in the implementation of the California Land Conservation Act of 1965 (Government Code Sec. 51200 et seq.), intended to encourage the preservation of productive agricultural lands.

5102 APPLICATION OF AGRICULTURAL PRESERVES DESIGNATOR.

An agricultural preserve designator shall be applied to those lands in the County of San Diego which are subject to agricultural use regulations or the S80 Use Regulations and which have been designated as being within an agricultural preserve in accordance with the California Land Conservation Act of 1965.

5105 RESTRICTIONS ON USES.

a. Lands Under Contract. The uses of land subject to a Land Conservation Act contract shall be restricted to those uses as set forth in the contract.

A groundwater extraction operation which is a legal nonconforming use or approved by a major use permit shall be considered as a use authorized by a Land Conservation Contract.

b. Lands Not Under Contract. The uses of land not subject to a Land Conservation Act contract shall be as set forth in the applicable use regulations except that:

1. All uses subject to a Minor Use Permit or a Major Use Permit shall be approved only if a finding is made that the use complies with the provisions of Section 5110.

2. The Postal Services use type and the Parking Services use type are not permitted.

(Amended by Ord. No. 8050 (N.S.) adopted 4-8-92)

5110 REQUIRED FINDINGS.

No use permit shall be granted unless the following findings are made:

a. State Statute. The proposed use complies with all provisions of the California Land Conservation Act of 1965; and

b. Compatibility with Agricultural Use. The proposed use would not be incompatible with the continued agricultural use of any land within the agricultural preserve. This determination shall include a consideration of the following:

1. Possible increase in vandalism;

2. Possible damage from pets;

3. Possibility that use will lead to restrictions on agricultural spraying, noise or smell; and

4. Possible interference with the movement of farm machinery or agricultural products.

   SCENIC AREA REGULATIONS

5200 TITLE AND PURPOSE.

The provisions of Section 5200 through 5299, inclusive be known as the Scenic Area Regulations. The purpose of these provisions is to regulate development in areas of high scenic value both to assure exclusion of incompatible uses and structures and to preserve and enhance the scenic resources present in adjacent areas. These regulations constitute recognition of important social, recreational, and economic values obtained from preservation and enhancement of the scenic qualities of County areas for the benefit of residents and visitors.

5202 APPLICATION OF THE SCENIC AREA REGULATIONS.

The Scenic Area Regulations shall be applied to areas of unique scenic value including but not limited to scenic highway corridors designated by the San Diego County General Plan, critical viewshed and prime viewshed areas as designated on the Local Coastal Program Land Use Plan, and to areas adjacent to significant recreational, historic or scenic resources, including but not limited to Federal and State parks. Scenic area requirements and permitting relating to the Local Coastal Program Land Use Plan shall be regulated by the Local Coastal Program Implementation Plan.

(Amended by Ord. No. 6743 (N.S.) effective 1-11-85)

(Amended by Ord. No. 10697 (N.S.) adopted 11-18-20, effective 03-15-21)

5203 DESIGNATED AREA.

The area having unique scenic value and any adjacent areas having significant recreational, historic or scenic resources shall be known as the designated area for purposes of these regulations.

5204 LIMITATION ON USES.

Notwithstanding the provisions of the applicable use regulations and Enclosure Matrix (Section6816), all Use Regulations shall comply with the enclosure provisions of the Scenic Area Regulations.

5205 SITE PLAN REQUIRED.

No permit of any type shall be issued for any development, nor shall any outdoor commercial or industrial use be established, in areas subject to the Scenic Area Regulations until a Site Plan has been submitted and approved in accordance with the Site Plan Review Procedure commencing at Section 7150 unless a Site Plan permit exemption is granted pursuant to section5214. The following projects are exempt from the Site Plan requirements of the Scenic Area Regulations:

a. A one or two family dwelling on a single lot.

b. Attached accessory structures associated with a. above.

c. Detached accessory structures associated with a. above which are both 1,000 square feet or less in area and 12 feet or less in height.

d. Alterations to the interior of a structure which are not visible from the outside provided that there is no change in use.

e. Electrical, gas or other utility improvements where no associated discretionary permits are required, provided that any visible portion of such improvement does not exceed 24 inches in any dimension. The Director may require the applicant to submit an affidavit stating that the proposed utility improvement will not serve a use other than those uses presently occurring legally on the site.

f. Temporary improvements associated with construction activities authorized by building permit. Said improvements shall include, but

not be limited to, trailers, fences, and signs which do not require discretionary approval by other applicable sections of The Zoning Ordinance.

g. Temporary special purpose off-premise signs pursuant to Section 6207.

h. Exterior alteration or new construction not otherwise exempt under this section, which is not visible from any street, excluding alleys, within the designated scenic area. Eliminating said visibility through screening techniques such as landscape, walls, fences or grading shall not qualify such exterior alterations or new construction for this exemption. The Director shall determine if a project meets this exemption standard and may require any necessary information including drawings, photographs and/or other graphic exhibits.

i. Small antennas (i.e., satellite earth station receiving antennas or similar antennas for video programming and television signals) exempted by Federal Communications Commission rules from local design review regulations. This exemption applies to antennas that are one meter (39 inches) or less in diameter or diagonal measurement. Such antennas mounted on masts exceeding 12 feet in height are not included in this exemption.

Any decision by the Director to exempt a project pursuant to this section shall be final.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6543 (N.S.) adopted 3-2-83)

(Amended by Ord. No. 7740 (N.S.) adopted 3-28-90)

(Amended by Ord. No. 8236 (N.S.) adopted 5-5-93)

(Amended by Ord. No. 8897 (N.S.) adopted 3-18-98)

(Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

(Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

5206 CONTENT OF SITE PLAN.

The required Site Plan shall include such maps, plans, drawings, and sketches as are necessary to show:

a. View Points. An accurate representation of the development as viewed from at least 3 separated and critical points exterior to the development site and which show the treatment of the scenic resources present on the site as related to those resources which are adjacent to the site. The 3 exterior view points shall be proposed by the developer and approved by the Director prior to the preparation and submission of the Site Plan

This proposal shall include photographs of the development site taken from each of the proposed view points and a map showing the location of these view points with respect to the development site. At his discretion, the Director may require additional view points to be included in the Site Plan;

b. The placement, height and physical characteristics of all existing and proposed buildings and structures located on the development site;

c. The existing vegetation and all proposed landscaping with heights at maturity indicated.

d. The location and dimensions of existing and proposed ingress and egress points, interior road and pedestrian walkways, parking and storage area;

e. The size and location of existing and proposed utilities;

f. The existing and finished topography of the development site, including the existing natural drainage system and its proposed

treatment;

g. The number, size, location and design of existing and proposed signs; and

h. The exterior lighting plan, the interior lighting of buildings and structures which will have a visual impact on the exterior appearance of the development.

(Amended by Ord. No. 6743 (N.S.) effective 1-11-85)

(Amended by Ord. No. 10697 (N.S.) adopted 11-18-20, effective 03-15-21)

5210 SITE PLAN REVIEW CRITERIA.

The general criterion of site plan review is that the proposed development shall not, to the maximum extent feasible, interfere with or degrade those visual features, natural or man-made, of the site or adjacent sites which contribute to its scenic attractiveness, as viewed from either the scenic highway or the adjacent scenic, historic, or recreational resource. In addition, consideration shall be given to any scenic preservation goals, policies or recommendations set forth in the applicable Community or Subregional Plan. In applying this general criterion, the following specific criteria shall be evaluated when they are applicable.

a. Building Characteristics. All development shall be compatible with the topography, vegetation and colors of the natural environment and with the scenic, historic and recreational resources of the designated areas.

b. Building and Structure Placement.

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

2. Refer to the Local Coastal Program Implementation Plan for prime viewshed areas designated on the Local Coastal Program Land Use Plan in the California Coastal Zone.

c. Landscaping. The removal of native vegetation, especially timber, shall be minimized and the replacement vegetation and landscaping

shall be compatible with the vegetation of the designated area. Landscaping and plantings shall be used to the maximum extent practicable to screen those features listed in subsections "d", "e", and "f" of this section. Landscaping and plantings shall not obstruct significant views, either when installed or when they reach mature growth.

d. Roads, Pedestrian Walkways, Parking and Storage Areas. Any development involving more than one building or structure shall

provide common access roads and pedestrian walkways. Parking and outside storage areas shall be screened from view, to the maximum extent feasible, from either the scenic highway or the adjacent scenic, historic, or recreational resource by existing topography, by the placement of buildings and structures, or by landscaping and plantings which harmonize with the natural landscape of the designated area.

e. Above Ground Utilities. Utilities shall be constructed and routed underground except in those situations where natural features prevent

undergrounding or where safety considerations necessitate above ground construction and routing. Above ground utilities shall be constructed and routed to minimize detrimental effects on the visual setting of the designated area. Where it is practical, above ground utilities shall be screened from view from either the scenic highway or the adjacent scenic, historic, or recreational resource by existing topography, by the placement of buildings and structures, or by landscaping and plantings which harmonize with the natural landscape of the designated area.

f. Grading. The alteration of the natural topography of the site shall be minimized and shall avoid detrimental effects to the visual setting

of the designated area and the existing natural drainage system. Alterations of the natural topography shall be screened from view from either the scenic highway or the adjacent scenic, historic, or recreational resource by landscaping and plantings which harmonize with the natural landscape of the designated area, except when such alterations add variety to or otherwise enhance the visual setting of the designated area.

g. Signs. Off-site signs shall be prohibited in areas subject to the Scenic Area Regulations. The number, size, location, and design of all

other signs shall not detract from the visual setting of the designated area or obstruct significant views. Subsequent to the Site Plan review and approval, any alteration to signs other than general maintenance shall be subject to an Administrative Permit.

h. Lighting. The interior and exterior lighting of the buildings and structures and the lighting of signs, roads and parking areas shall be

compatible with the lighting employed in the designated area.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6743 (N.S.) effective 1-11-85)

(Amended by Ord. No. 7935 (N.S.) adopted 6-19-91)

(Amended by Ord. No. 10697 (N.S.) adopted 11-18-20, effective 03-15-21)

5212 NONCONFORMING USE.

Any development which was permitted by or conformed to the requirements of the Zoning Ordinance in effect prior to the effective date of this section and which has not been subject to a Site Plan review as provided by the Scenic Area Regulations, shall be considered to be a nonconforming use subject to the provisions of the Nonconforming Use Regulations commencing at Section 6850, until such plan review has been secured and an approval given.

(Amended by Ord. No. 5786 (N.S.) adopted 6-4-80)

5214 SITE PLAN PERMIT EXEMPTION

An exemption from the requirement to process a Site Plan permit pursuant to this section may be granted by the Director under either of the following circumstances:

a. If it is determined, based upon substantial evidence, that the proposed project is not visible from any areas adjacent to significant recreational, historic or scenic resources, including but not limited to Federal and State parks and if it is determined that the Site Plan review process would not materially contribute to the attainment of the stated purpose or objectives of the Scenic Area Regulations to the subject property, or that all of the purposes and requirements of the Site Plan have been fulfilled by an existing approved discretionary permit. In making a decision on such a Site Plan permit exemption, the Director shall consider the recommendation of the applicable Community Planning Group or Sponsor Group. Site Plan permit exemption requests shall be transmitted by the Director to the Group using a form approved by the Director for that purpose. If no recommendation is received by the Director from the Group within 45 days following the Group's receipt of the request, the Director may make a decision without the Group's recommendation.

b. If all of the purposes and requirements of the Site Plan will be fulfilled by a concurrent discretionary permit which will be reviewed by
the applicable Community Planning Group or Sponsor Group.

No building permit or grading permit shall be issued for a project for which the Site Plan permit exemption has been granted except pursuant to plans bearing the Director's stamp granting such exemption. No deviation from aspects of such plans pertinent to the stated purpose or objectives of the Scenic Area Regulations to the subject property shall be permitted without prior recommendation of the appropriate Community Planning or Sponsor Group.

(Added by Ord. No. 10095 (N.S.) adopted 12-8-10)

(Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

(Amended by Ord. No. 10697 (N.S.) adopted 11-18-20, effective 03-15-21)

AIRPORT LAND USE COMPATIBILITY PLAN AREA REGULATIONS

(Added by Ord. No. 10162 (N.S.) adopted 8-3-11)

5250 TITLE AND PURPOSE.

The provisions of Section 5250 through Section 5270, inclusive, shall be known as the Airport Land Use Compatibility Plan Area Regulations. The purpose of these provisions is to regulate land uses within portions of the unincorporated territory of the County of San Diego located in Airport Influence Areas (AIAs) surrounding airports for which the San Diego County Regional Airport Authority (Authority) has adopted Airport Land Use Compatibility Plans (ALUCP or ALUCPs).

(Added by Ord. No. 10162 (N.S.) adopted 8-3-11)

(Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

5252 APPLICATION OF AIRPORT LAND USE COMPATIBLITY PLAN DESIGNATOR.

The Airport Land Use Compatibility Plan Area Regulations shall be applied to properties located in unincorporated County territory with AIAs set forth in the ALUCPs adopted for the following airports: Agua Caliente Airport, Borrego Valley Airport, Brown Field, Fallbrook Community Airpark, Gillespie Field, Jacumba Airport, Montgomery Field, Oceanside Municipal Airport, Ocotillo Airport, McClellan- Palomar Airport, MCAS-

Miramar, MCAS-Pendleton, Ramona Airport and San Diego International Airport.

(Added by Ord. No. 10162 (N.S.) adopted 8-3-11)

5254 USE OF AIRPORT LAND USE COMPATIBILITY PLANS

ALUCPs provide compatibility policies and criteria applicable to properties located within AIAs. New development, redevelopment, expansions, conversions and other uses of land located within the AIA of an adopted ALUCP for which County approval or permit are required shall be reviewed against the established criteria and policies of the ALUCP. Unless the property is already devoted to the proposed incompatible use or the ALUCP is overridden by the County in a manner which renders the use compatible with the ALUCP, the proposal, must comply with the established policies and criteria of the applicable ALUCP. ALUCPs are available at the Department of Planning and Development Services and from the Authority.

(Added by Ord. No. 10162 (N.S.) adopted 8-3-11)

(Amended by Ord. No. 10222 (N.S.) adopted 9-25-12. Opr. 11-26-12)

5256 PROJECTS SUBJECT TO AUTHORITY REVIEW

Land use actions within the scope of California Public Utilities Code (PUC) Sections 21661.5, 21664.4, 21676(c), 21675.1 and 21676.5 or any successor or supplementing statutes thereto must be submitted to the Authority. The PUC currently requires Authority review for the following actions:

(i) adoption or amendments to general and specific plans;

(ii) adoption or amendment of zoning, building, and other land use ordinances and regulations within the AIA;

(iii) adoption and amendment of Airport Master Plans;

(iv) construction plans for new airports;

(v) any airport expansion plans (including the construction of a new runway, the extension or realignment of an existing runway, and the acquisition of Runway Protection Zones);

(vi) all actions, regulations and permits when the Authority has not adopted an ALUCP for an airport; and

(vii) all actions, regulations and permits when a local agency has not modified a general or specific plan to bring it into conformance with an adopted ALUCP or overruled the Authority in the manner required by PUC Section 21676.5.

The County may, in its discretion, require submittal of projects to the Authority for review when review is not required by the PUC.

(Added by Ord. No. 10162 (N.S.) adopted 8-3-11)

5257 AIRPORT OVERFLIGHT NOTIFICATION REQUIREMENTS

All owners of properties within an Airport Overflight Notification Area, as shown on an adopted ALUCP, shall record an Overflight Agreement prior to issuance of a building permit for any new residential development, including new single-family dwellings, duplexes, multi-family dwellings and second dwelling units. Note: not all properties within an Airport Influence Area (AIA) are within an Airport Overflight Notification Area.

(Added by Ord. No. 10204 (N.S.) adopted 3-28-12)

5258 OVERRIDING AIRPORT COMPATIBILITY PLANS

The County consistent with the PUC may overrule land use policies and criteria in the adopted ALUCPs that would otherwise be applicable to unincorporated territory over which the County retains land use authority by taking the following steps:

(i) holding a public hearing;

(ii) making specific findings that the proposed action is consistent with the requirements of the State Aeronautics Act, PUC Section 21670, et seq; and

(iii) approval of the proposed action by a two-thirds vote of the County Board of Supervisors. (See, for example, PCC Section 21676 and 21676.5.)

(Added by Ord. No. 10162 (N.S.) adopted 8-3-11)

5260 DEVELOPMENT OF LAND DEVOTED TO INCOMPATIBLE USE

Land devoted to an incompatible use prior to approval of an ALUCP may be used in accordance with this pre-existing use even if inconsistent with the ALUCP. To ascertain whether or not an incompatible use was established prior to the adoption of an ALUCP requires a careful review of the status of development entitlements, the scope and nature of development or redevelopment, and Authority policies which may be applicable to infill, reconstruction and other activities that may be deemed an existing incompatible use. Incompatible use determinations are fact sensitive and will be made on a case by case basis by the Director, Department of Planning and Development Services, with input from the Authority when required.

(Added by Ord. No. 10162 (N.S.) adopted 8-3-11)

(Amended by Ord. No. 10222 (N.S.) adopted 9-25-12. Opr. 11-26-12)

SENSITIVE RESOURCE AREA REGULATIONS

5300 TITLE AND PURPOSE

The provisions of Sections 5300 through 5349, inclusive, shall be known as the Sensitive Resource Area Regulations. The purpose of these provisions is to increase the protection and preservation of the County's unique topography, ecosystems, and natural beauty, diversity, and environmentally sensitive lands and natural resources, including wetlands, floodplains, prehistoric and historic sites and sensitive habitat lands.

(Added by Ord. No. 7630 (N.S.) adopted 05-23-89)

5301 APPLICATION OF THE SENSITIVE RESOURCE AREA DESIGNATOR

The Sensitive Resource Area designator shall be applied based upon the presence of one or more of the following resources on the property: wetlands, wetland buffers, floodplains, significant habitat lands, and prehistoric and historic sites. The Sensitive Resource Area Designator shall also be applied to steep slope areas when at least one of the following criteria are met: 1) at least one of the resources in the preceding paragraph is also present on the site; or 2) it is required as a condition of a discretionary permit approval.

(Added by Ord. No. 7630 (N.S.) adopted 05-23-89)

5302 SITE PLAN REQUIRED

On property subject to the Sensitive Resource Area Regulations, a site plan shall be required for the following activities, unless expressly exempted by Section 5303:

a. The erection, construction, conversion, establishment, alteration, enlargement, or demolition of any building, improvement or portion thereof;

b. Excavation or grading of, or deposit of soil or other material upon, any lot or premises; or

c. Clearing and grubbing of any natural vegetation.

(Added by Ord. No. 7630 (N.S.) adopted 05-23-89)

5303 EXEMPTIONS

The following uses and activities are exempt from the Sensitive Resource Area Regulations:

a. Minor building permits, such as any of the following:

1. Demolition (except for a significant prehistoric or historic site);

2. Reinspection;

3. Plan changes, provided no increase in parking or floor area is involved;

4. Additions or alterations of not more than 1,000 square feet;

5. Accessory buildings of not more than 1,000 square feet;

6. Replacement of existing structures, provided no increase in parking is involved and no more than a 1,000 square foot increase in floor area is involved;

7. Interior remodels;

8. Residential garage conversions;

9. Fences and free standing walls;

10. Patios, patio covers, decks, balconies and stairs;

11. Electrical, plumbing, gas and mechanical permits;

12. Other minor permits as authorized by the Director.

b. Clearing for fire protection purposes within 100 feet of a dwelling unit and other permitted structures. Any additional clearing for fire prevention, control or suppression purposes is exempt when required in writing by a fire prevention or suppression agency. This exception does not apply in riparian habitats.

c. Limited clearing as necessary for the purpose of surveying, geotechnical exploration and access of percolation tests and wells.

d. Clearing and minor grading which does not require a grading permit, either or which conforms to the location, extent and purpose expressly authorized by an approved plan accompanying a discretionary development permit.

e. Limited clearing to provide access to property to perform activities that are listed in b through d above.

f. Any essential public facility or project, or community recreational facility, which includes public use, when the authority considering an application listed at Article III, Section 1 above makes the following findings:

1. The facility or project is consistent with adopted community or subregional plans;

2. All possible mitigation measures have been incorporated into the facility or project, and there are no feasible, less environmentally damaging, location, alignment or non-structural alternatives that would meet project objectives;

3. Where the facility or project encroaches into a wetland or floodplain, mitigation measures are required that result in any net gain in wetland and/or riparian habitat;

4. Where the facility or project encroaches into steep slopes, native vegetation will be used to revegetate and landscape cut and fill areas; and

5. No mature riparian woodland is destroyed or reduced in size.

g. Any project for which a final subdivision map has been recorded or a major use permit has been approved where such map or

permit bears the certification that all requirements of the Resource Protection Ordinance have been met.

h. Any project for which the Director has determined in writing that it can be seen with certainty that no environmentally sensitive lands exist on the property.

i. Any ongoing, existing agricultural operations, such as cultivation, growing and harvesting of crops and animals performed on the

site. Land left fallow for up to three years shall be considered to be existing agricultural operations.

j. Any project for which the Board of Supervisors has determined that application of these special area regulations would result in the

applicant being deprived of all reasonable economic use of property in violation of federal or state constitutional prohibitions against the taking of property without just compensation.

(Added by Ord. No. 7630 (N.S.) adopted 05-23-89)

(Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

(Amended by Ord. No. 10222 (N.S.) adopted 9-25-12. Opr. 11-26-12)

5304 CONTENT OF SITE PLAN

The Site Plan shall include such maps, plans, drawings and sketches as are necessary to show:

a. The placement and size of all existing and proposed buildings and structures located on the development site;

b. The dimensions of the following: exterior boundary, structures, setbacks of structures to property lines and between structures, parking areas and driveways;

c. The existing vegetation to be removed or retained and all proposed landscaping. Any existing non-agricultural trees with trunk dimensions of six inches (6") or greater shall be shown, and those that are proposed to be removed shall be labeled;

d. The location and dimensions of existing and proposed ingress and egress points, interior road and pedestrian walkways, parking and storage areas, contiguous streets and all easements;

e. The location of the 100 year floodplain as shown on both Department of Public Works 100 year Floodplain Maps and FEMA Flood Insurance Rate Maps;

f. The location of any natural drainage (including intermittent streams) and any proposed drainage systems;

g. All preliminary grading, including incidental grading related to site preparation; and

h. The slope categories for the entire property in acres, based on a slope analysis prepared pursuant to Section5305.

(Added by Ord. No. 7630 (N.S.) adopted 05-23-89)

(Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

5305 SLOPE ANALYSIS REQUIRED

A slope analysis shall be required for each application for a Site Plan. This analysis shall be completed by a qualified person such as a registered or licensed architect, landscape architect, engineering geologist, land surveyor, or civil engineer based upon a topographic map using ten foot contour intervals or less. The slope analysis shall show the slope categories for the entire property in acres, using the following categories:

(a) less than 15% slope

(b) 15% and greater up to 25% slope

(c) 25% and greater up to 50% slope

(d) 50% and greater slope

(Added by Ord. No. 7630 (N.S.) adopted 05-23-89)

5306 FINDINGS REQUIRED

Prior to the approval of the Site Plan, the following findings shall be made:

a. The site is physically suitable for the design and siting of the proposed development.

b. The proposed development will result in minimum disturbance of environmentally sensitive lands.

c. The proposed development conforms to the requirements contained in Section5307.

d. The proposed development is in conformance with the General Plan.

(Added by Ord. No. 7630 (N.S.) adopted 05-23-89)

5307 USE REGULATIONS AND DEVELOPMENT STANDARDS

In addition to any applicable use regulations, development standards and review criteria contained in The Zoning Ordinance or other County ordinances, the following regulations shall apply to development subject to the Sensitive Resource Area Regulations:

a. Wetlands.

1. Uses in wetlands shall be restricted to the following uses, not involving grading, filling, construction or placement of structures:

i. Aquaculture, provided that it does not harm the natural ecosystem.

ii. Scientific research, educational or recreational uses provided that they do not harm the natural ecosystem.

iii. Wetland restoration projects where the primary function is restoration of the habitat.

2. Wetland Buffer:

A buffer area of an appropriate size to protect the environmental and habitat values of the wetland shall be maintained around all identified wetland areas. Maps and supplemental information submitted as part of the application shall be used to determine the specific boundaries of the wetland and buffer. The California Department of Fish and Game and the United States Fish and Wildlife Service shall be consulted in such buffer determinations.

In the wetland buffer areas, permitted uses shall be limited to:

i. Access paths.

ii. Other improvements necessary to protect adjacent wetlands.

iii. All uses permitted in wetland areas.

b. Floodway. The development of permanent structures for human habitation or as a place of work shall not be permitted in a
floodway.

1. In the floodway, permitted uses shall be limited to:

i. Agricultural, recreational, and other such low intensity uses provided, however, that no use shall be permitted which will
substantially harm the environmental values of a particular floodway area; and

ii. Mineral extraction subject to an approved major use permit and reclamation plan, provided that mitigation measures
were required which produce any net gain in functional wetlands and riparian habitat, and that the reclamation plan
restores the site to its natural state, which would not create any increase in flood depths or velocities or changes in the
boundary from those of the floodway prior to the mineral extraction.

2. Modifications to the floodway must meet all of the following criteria:

i. Concrete or rip-rap flood control channels are allowed only where findings are made that completion of the channel is
necessary to protect existing buildings from a current flooding problem. Buildings constructed after enactment of this
ordinance shall not be the basis for permitting such channels.

ii. Modification will not unduly accelerate the velocity of water so as to create a condition which would increase erosion
(and related downstream sedimentation) or would be detrimental to the health and safety of persons or property or
adversely affect wetlands or riparian habitat.

iii. In high velocity streams where it is necessary to protect existing houses or other structures, minimize stream scour, or
avoid increase in the transport of stream sediment to downstream wetlands and other environmentally sensitive habitat
areas, grade control structures and other erosion control techniques, including the use of rip-rap, that are designed to be
compatible with the environmental setting of the river may be permitted.

c. Floodplain Fringe. All uses permitted by zoning and those that are allowable in the floodway are allowed in the floodplain fringe.
Prior to granting a site plan required by this section for development, including permanent structures, grading, fill, deposit of soil or other
material, or removal of natural vegetation within a 100-year floodplain fringe, all of the following criteria shall be met:

1. Fill shall be limited to that necessary to elevate the structure above the elevation of the floodway and to permit minimal
functional use of the structure (e.g., fill for access ramps and drainage). If fill is placed in the floodplain fringe, the new bank of
the creek shall be landscaped to blend with the natural vegetation of the stream and enhance the natural edge of the stream.

2. Any development below the elevation of the 100-year flood shall be capable of withstanding periodic flooding.

3. The design of the development incorporates the findings and recommendations of a site-specific hydrologic study to assure
that the development (a) will not cause significant adverse water quality impacts related to quality or quantity of flow or increase
in peak flow to downstream wetlands, lagoons and other sensitive habitat lands; and (b) neither significantly increases nor
contributes to downstream bank erosion and sedimentation of wetlands, lagoons, or other sensitive habitat lands.

4. The proposed development shall be set back from the floodway boundary a distance equal to 15 percent of the floodway
width (but not to exceed 100 feet) in order to leave an appropriate buffer area adjacent to the floodway. The setback may be
greater if required by Paragraph 5.

Following review of a site-specific flood analysis, the floodplain setback required by this paragraph may be reduced by the Director of

Planning and Development Services or the applicable hearing body, upon making all of the following findings:

i. Practical difficulties, unnecessary hardship, or results inconsistent with the general purposes of this Ordinance would

result from application of the setback; and

ii. The reduction in setback will not increase flood-flows, siltation and/or erosion, or reduce long term protection of the

floodway, to a greater extent than if the required setback were maintained; and

iii. The reduction in setback will not have the effect of granting a special privilege not shared by other property in the

same vicinity; and

iv. The reduction in setback will not be materially detrimental to the public health, safety, or welfare, or injurious to the

property or improvement in the vicinity in which the property is located; and

v. The reduction in setback will not be incompatible with the San Diego County General Plan.

5. In areas where the Director of Public Works has determined that the potential for erosion or sedimentation in the floodplain is significant, all proposed development shall be set back from the floodway so that it is outside the Erosion/Sedimentation Hazard

Area shown on County Floodplain Maps. Development will be allowed in the Erosion/Sedimentation Hazard Area only when the Director of Public Works approves a special study demonstrating that adequate protection can be achieved in a manner that is compatible with the natural characteristics of the river.

6. Where appropriate, flowage and/or open space easements shall be used to ensure future development will not occur in the
floodplain.

7. If the subject floodplain fringe land also constitutes wetlands, wetland buffer areas, sensitive habitat lands or significant
prehistoric or historic site lands, the use restrictions herein applicable to such areas shall also apply.

d. Steep Slope Lands. No development, grading, excavation, or deposit of soil or other material, on Steep Slope Lands shall be
permitted except as follows:

1. Project Design and Open Space to Protect Steep Slopes. In designing lot configuration on steep slope lands in all land use
designations, parcels shall be created in a manner which minimizes encroachment onto steep slopes. Where 10 percent or more
of a lot contains steep slope lands, that portion of the lot containing such lands shall be placed in an open space easement,
unless the lot is equal to or greater than 40 acres.

The open space easement shall not include any area of encroachment within the limits of the encroachment table at subparagraph (i) below. The terms of the open space easement shall provide for sufficient encroachments necessary for access, clearing, and all exceptions to the encroachment limitations identified at subparagraph (ii) below. New agricultural operations with approved grading or clearing permits will also be allowed in such open space easements, provided any other type of sensitive lands present are protected as required by the applicable sections of this Ordinance.

i. For all types of projects the maximum encroachment that may be permitted into steep slope areas shall be as set forth

in the following table. This encroachment may be further reduced due to environmental concerns or other design criteria.

Twenty-five Percent Slope Encroachment Allowance

Percent of Lot in Slopes of Twenty-five Percent Grade and Maximum Encroachment Allowance As Percentage of Area in Greater Slopes of Twenty-five Percent or Greater

75% or less 10% 80% 12% 85% 14% 90% 16% 95% 18% 100% 20%

ii. Notwithstanding the provisions of paragraph (i) above, the following types of development shall be allowed on steep

slopes and shall not be subject to the encroachment limitations set forth above:

a) All public roads identified in the Mobility Element of the County General Plan or adopted Community or Subregional Plans, provided that findings are made by the hearing body approving the application that no less environmentally damaging alternative alignment or non-structural alternative measure exists.

b) Local public streets or private roads and driveways which are necessary for access to the portion of the site to

be developed on slopes of less than twenty-five percent, provided no less environmentally damaging alternative exists. The determination of whether or not a proposed road or driveway qualifies for an exemption, in whole or in part, shall be made by the Director of Planning and Development Services based upon an analysis of the project site.

c) Public utility systems, provided that findings are made that the least environmentally damaging alignment has

been selected.

d) Areas with native vegetation, which are cleared or trimmed to protect existing or proposed structures in potential danger from fire, provided that the area of such clearance is the minimum necessary to comply with applicable fire codes or orders of fire safety officials and that such slopes retain their native root stock or are replanted with native vegetation having a low fuel content, and provided further that the natural landform is not reconfigured.

e) Trails for passive recreational use according to approved park plans.

f) A minimum disturbed area of (i) twenty percent of the entire lot, or (ii) sufficient area to accommodate 3,000

square feet of building footprint (whichever is greater) shall be permitted to provide for reasonable use of existing lots.

g) Any ongoing existing agricultural operation, such as the cultivation, growing and harvesting of crops and animals. Land left fallow for up to three years shall be considered to be existing agricultural operations.

2. Waiver of Open Space Easement. The steep slope open space easement requirement may be waived when the authority considering the site plan application makes the following findings: i. The slope is an insignificant visual feature and isolated from other land forms, or surrounding properties have been developed on steep slopes such that this project would be considered "infill;" and ii. The property is zoned for .5 acre lots or smaller at the time the application was made, or a concurrent rezone has been filed; and iii. The greater encroachment is consistent with the goals and objectives of the applicable community plan. iv. Site Plan review is required, to ensure consistency of design with these regulations.

   e. Sensitive Habitat Lands. Development, grading, grubbing, clearing or any other activity or use damaging to sensitive habitat lands

shall be prohibited. The Board of Supervisors may allow development when all feasible measures necessary to protect and preserve the sensitive habitat lands are required as a condition of permit approval and where mitigation provides an equal or greater benefit to the affected species.

f. Significant Prehistoric and Historic Sites. Development, trenching, grading, clearing and grubbing, or any other activity or use

damaging to significant prehistoric or historic site lands shall be prohibited except for scientific investigations with an approved research design prepared by an archaeologist certified by the Society of Professional Archaeologists.

(Added by Ord. No. 7630 (N.S.) adopted 05-23-89)

(Amended by Ord. No. 7967 (N.S.) adopted 9-11-91)

(Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

(Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

(Amended by Ord. No. 10222 (N.S.) adopted 9-25-12. Opr. 11-26-12)

FAULT DISPLACEMENT AREA REGULATIONS.

5400 TITLE AND PURPOSE.

The provisions of Section 5400 through Section 5449, inclusive, shall be known as the Fault Displacement Area Regulations. The purpose of these provisions is to regulate new development in areas subject to potential loss of life and property from earthquake fault displacement in order to mitigate such losses.

5402 APPLICATION OF FAULT DISPLACEMENT AREA REGULATIONS.

The Fault Displacement Area Regulations shall be applied to all those properties within San Diego County which are located within the special studies zones defined by State Geologist pursuant to the Alquist-Priolo Special Studies Zone Act. These regulations may be additionally applied to all those properties for which application is recommended by the Regional Seismic Safety Committee and approved by the Board of Supervisors.

5404 PROHIBITED DEVELOPMENT.

Development for the following uses is prohibited in areas subject to the Fault Displacement Area Regulations:

a. Uses Containing Structures With a Capacity of 300 Persons or More. Any use having the capacity to house, serve, entertain or otherwise accommodate 300 or more persons at any one time.

b. Uses With the Potential to Severely Damage the Environment or Cause Major Loss of Life. Any use having the potential to severely damage the environment or cause major loss of life if destroyed, such as dams, reservoirs, petroleum storage facilities, and electrical power plants powered by nuclear reactors.

c. Specific Civic Uses. Police and fire stations, schools, hospitals, rest homes, nursing homes, and emergency communication facilities.

5406 PERMITTED DEVELOPMENT.

Development for uses other than those listed in Section5404 shall be permitted in areas subject to the Fault Displacement Area Regulations, subject to the provisions of this section.

a. Major Use Permit. No permit of any type shall be issued for the construction or alteration of any building or structure, nor shall any person construct or alter a building or structure for which a permit is required unless pursuant to a major use permit approved in accordance with the Use Permit Procedure commencing at Section 7350.

b. Geologic Report Required. In addition to the documents required by Section7354.b, the application for a use permit shall include a soil and geologic report prepared by a registered soils engineer and registered geologist certified in engineering geology.

1. The soils and geologic report shall be directed to determining the presence or absence of an active known fault on the

development site and to determine appropriate structural design recommendations. Sub-surface exploration shall be required if a lack of distinguishable fault features in the vicinity prevents the geologist from determining by a site examination, review of available aerial photographs, or by other means that the fault trace does or does not underlie or exist within 50 feet of any structures proposed for the development site.

2. A more detailed and extensive investigation and report by the geologist may be required (as evidence to the absence of a

known active fault trace) for applications proposing development of Group A, E, I, H, and R-1 occupancies, and B occupancies over one story in height (such occupancies as set forth in the Uniform Building Code).

3. The geologic report may be waived, with the approval of the State Geologist, if the County determines that no active known fault exists on the development site or, in the case of applications for developments containing a maximum of 2 dwelling units, that sufficient information regarding the site is available from previous reports filed concerning the same development area.

c. Construction Limitations. No building or structure to be used for human occupancy shall be constructed over or within 50 feet of the trace of an active known fault. For the purpose of these regulations, a building or structure to be used for human occupancy is one that is regularly, habitually, or primarily occupied by humans. Buildings and structures shall be designed to resist the earthquake forces prescribed by the Uniform Building Code and to incorporate the design recommendations contained in the soils and geologic report required by subsection "b" of this section.

d. Exceptions to this Section. The provisions of this section shall not apply to:

1. Buildings and structures not intended or used for human occupancy.

2. Alterations or repairs to an existing structure provided that the aggregate value of the work performed does not exceed 50 percent of the value of the existing structure and does not adversely affect the structural integrity of the existing structure. 3. A single-family wood frame dwelling not exceeding 2 stories in height which is built or located as part of a development of less than 4 such dwellings. 4. A mobilehome whose body width exceeds 8 feet. 5. Swimming pools, decorative walls, fences, and minor work of a similar nature.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

FLOOD CHANNEL AREA REGULATIONS

5450 TITLE AND PURPOSE.

The provisions of Section 5450 through Section 5499, inclusive, shall be known as the Flood Channel Area Regulations. The purpose of these provisions is to protect the public health, safety and welfare by restricting the construction of buildings and structures within areas as set forth in Section 5452 until such time as adequate flood protection or control works or facilities are constructed to protect persons and property.

5452 APPLICATION OF FLOOD CHANNEL DESIGNATOR.

A flood channel designator shall be applied to those properties within San Diego County which are subject to inundation under 100-year frequency flood conditions. A determination of such flood conditions shall be reached by the Board of Supervisors after considering available reports of the Federal Government, appropriate State and County agencies and consultants. These regulations shall be applied only to watercourses, or portions thereof, for which the Board of Supervisors has, by resolution adopted after a public hearing, approved a plan for channelizing the watercourse or portion thereof by the construction of a flood control structure of facility, or because of existing construction and development, it has been determined by the Board of Supervisors that channelization is appropriate.

5454 REMOVAL OF FLOOD CHANNEL DESIGNATOR.

If the Director of Public Works determines, based on written certification from a registered civil engineer, that a parcel is no longer subject to inundation due to the construction of flood control structures or facilities in accordance with Section 5462 and any adopted flood control plan, the Director of Public works shall waive the application of Sections 5464 through 5472 as to that parcel.

(Amended by Ord. No. 9246 (N.S.) adopted 8-9-00)

5456 USES PERMITTED.

The following uses are permitted in areas subject to the Flood Channel Area Regulations:

a. Uses permitted by the Use Regulations.

b. Any irrigation structure; and

c. Flood control structures and facilities subject to the provisions of Section5462.

5458 RELATIONSHIP TO NONCONFORMING USE REGULATIONS.

In any case of conflict between the provisions of the Flood Channel Area Regulations and the provisions of the Nonconforming Use Regulations, the provisions of the Flood Channel Area Regulations shall apply.

5460 BUILDING AND STRUCTURES SUBJECT TO COUNTY CODE.

No building or structure shall be placed, erected or constructed within the area subject to the Flood Channel Area Regulations except in accordance with such regulations, all provisions of the San Diego County Code, including but not limited to the provisions of the Building Code (Chapter 1 of Title 5 of the San Diego County Code) applicable to areas subject to inundation, and Division 8 of Title 8 of the San Diego County Code applicable to drainage and watercourses.

5462 FLOOD CONTROL FACILITIES.

All flood control structures and facilities are subject to the following conditions:

a. Adopted Plan. Concrete flood control channels shall be constructed only in accordance with a plan adopted by the Board of Supervisors.

b. Construction Without Adopted Plan. If a plan for channelizing a watercourse has not been adopted, earth, sack cement, rip rap or similar flood control structures or facilities shall include plans satisfactory to the Director of Public Works, to connect to future compatible flood control structures or facilities upstream and downstream.

(Amended by Ord. No. 10035 (N.S.) adopted 1-27-10)

5464 REPAIR, RECONSTRUCTION OR IMPROVEMENT.

Repair, reconstruction or improvement to any existing building or structure within the floodway is permitted, provided such repair, reconstruction or improvement is not substantial improvement and would not result in any increase in flood levels during the occurrence of a 100-year flood.

5466 STRUCTURES FOR HUMAN HABITATION OR EMPLOYMENT.

Except as provided in Section 5464, no building or structure designed or used for human habitation, or as a place of work, or by the public

shall be constructed, erected, placed or maintained in a floodway.

5468 STANDARDS FOR APPROVAL OF OTHER STRUCTURES.

Except as provided in Section 5464, no building or structure may be placed, erected, constructed or expanded in a floodway unless the facility is not designed or used for human habitation or as a place of work or by the public and unless the Director of the Department of Public Works determines such building or structure will not adversely affect or unduly hinder, restrict or alter the water- carrying capacity of the floodway and will not result in any increase in flood levels during the occurrence of a 100-year flood.

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

5470 TEMPORARY STRUCTURES PERMITTED IN FLOODWAY.

The restrictions of Section 5466 and Section 5468 shall not preclude the Director from authorizing the construction, erection or placement and maintenance of a temporary structure within the floodway during the period from the beginning of May to the end of October.

(Amended by Ord. No. 7935 (N.S.) adopted 6-19-91)

5472 STORAGE OF MATERIALS IN FLOODWAY.

With the exception of parking operating motor vehicles incidental to residential or business use or except as may be specifically authorized by a use permit issued in accordance with the provisions of this ordinance, no materials, vehicles or equipment shall be stored within the floodway and outside of a building, except those materials that will not create a hazard to the health or safety of person or property in the event the storage area is inundated.

FLOOD PLAIN AREA REGULATIONS

5500 TITLE AND PURPOSE.

The provisions of Section 5500 through Section 5549, inclusive, shall be known as the Flood Plain Area Regulations. The purpose of these provisions is to protect the public health, safety and welfare and reduce the financial burden on the County and its inhabitants and property owners by eliminating or reducing the need for the construction of flood control channels, dikes, dams and other flood control improvements that would be required if scattered and unplanned development is permitted to occur.

5502 APPLICATION OF FLOOD PLAIN DESIGNATOR.

A flood plain designator shall be applied to properties within San Diego County not planned for channelization which are subject to inundation under 100-year frequency flood conditions. A determination of such flood conditions shall be reached by the Board of Supervisors after consideration of reports available from the Federal Government, appropriate State and County agencies, and consultants.

5504 REMOVAL OF FLOOD PLAIN DESIGNATOR.

Pursuant to a public hearing initiated by the County, the flood plain designator shall be removed from any property no longer subject to inundation as a result of grading, landscaping, clearing or the construction of flood control structures or facilities in accordance with the provisions of Section 5512. The floodway will be adjusted in accordance with any changes therein resulting from such construction.

5506 USES PERMITTED.

In addition to the uses permitted by the Use Regulations, any irrigation structure is permitted.

5508 RELATIONSHIP TO NONCONFORMING USE REGULATIONS.

In any case of conflict between the provisions of the Flood Plain Area Regulations and the provisions of the Nonconforming Use Regulations, the provisions of the Flood Plain Area Regulations shall apply.

5510 BUILDINGS AND STRUCTURES SUBJECT TO COUNTY CODE.

No building or structure shall be placed, erected, constructed, altered or enlarged within the area subject to the Flood Plain Area Regulations except in accordance with such regulations, with provisions of the San Diego County Code including but not limited to the Building Code (Chapter 1 of Title 5 of the San Diego County Code) applicable to areas subject to inundation, and Division 8 of Title 8 of San Diego County Code applicable to drainage and watercourses.

5512 FLOOD CONTROL FACILITIES.

No drainage or flood control channel or facility shall be placed, erected, constructed, reconstructed, altered or enlarged, provided, however, existing flood control structures or facilities may be repaired and maintained; and the following facilities may be placed, erected, constructed, reconstructed, altered or enlarged if such a facility would not unduly accelerate or increase the flow of water so as to create a condition which would be detrimental to the health or safety of persons or property.

a. Flood Control Channels and Levees. Natural grass-lined or similarly vegetated flood control channels.

b. Dams and Reservoirs. Dams and reservoirs designed primarily for water conservation, recreation, or debris control.

c. Erosion Control Works. Erosion control incidental to agricultural land use and natural resource extraction operations.

d. Ground Water Replacement Works. Ground water replenishment works, such as, but not limited to diversion dams, percolation beds, spreading grounds and injection wells.

e. Other Structures or Facilities. Any similar drainage or flood control structure or facility which the Director of the Department of Public

Works determines would not unduly accelerate or increase the flow of water so as to create a condition which would be detrimental to the health or safety of persons or property.

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

5514 REPAIR, RECONSTRUCTION OR IMPROVEMENT.

Repair, reconstruction or improvement to any existing building or structure within the floodway is permitted, provided such repair, reconstruction or improvement is not a substantial improvement and would not result in any increase in flood levels during the occurrence of a 100-year flood.

5516 STRUCTURES FOR HUMAN HABITATION OR EMPLOYMENT.

Except as provided in Section 5514, no permanent building or structure designed or used for human habitation or as a place of work or by the public shall be constructed, erected, or placed in a floodway.

5518 STANDARDS FOR APPROVAL OF OTHER STRUCTURES.

Except as provided in Section 5514, no building or structure shall be placed, erected, constructed or expanded in a floodway unless the facility is not designed to be used by human habitation or as a place of work or by the public and unless the Director of the Department of Public Works determines such buildings or structures will not adversely affect or unduly hinder, restrict or alter the water- carrying capacity of the floodway and will not result in any increase in flood levels during the occurrence of a 100-year flood.

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

5520 TEMPORARY STRUCTURES PERMITTED IN FLOODWAY.

The restrictions of Section 5516 and Section 5518 shall not preclude the Director from authorizing the construction, erection or placement and maintenance of a temporary structure within the floodway during the period from the beginning of May to the end of October.

5522 STORAGE OF MATERIALS IN FLOODWAY.

With the exception of parking operable motor vehicles incidental to existing residential uses except as may be specifically authorized by a use permit issued in accordance with the provisions of this ordinance, no materials, vehicles or equipment shall be stored within the floodway.

HISTORIC/ARCHAEOLOGICAL LANDMARK AND DISTRICT AREA REGULATIONS:

General Provisions.

5700 TITLE AND PURPOSE.

The provisions of Section 5700 through Section 5749, inclusive, shall be known as the Historic/Archaeological Landmark and District Area Regulations. The purpose of these provisions is to identify, preserve and protect the historic, cultural, archaeological and/or architectural resource values of designated landmarks and districts and encourage compatible uses and architectural design. To that end, the Board of Supervisors has appointed the San Diego County Historic Site Board for the purpose of advising the Director on historical/archaeological matters.

In addition, in certain specific historic districts, it is intended that resource values be protected through the use of specific design review criteria reviewed by a specific historic district review board appointed by the Board of Supervisors.

(Amended by Ord. No. 5330 (N.S.) adopted 12-13-78)

(Amended by Ord. No. 7101 (N.S.) adopted 3-12-86)

(Amended by Ord. No. 8114 (N.S.) adopted 7-29-92)

5703 APPLICATION OF HISTORIC/ARCHAEOLOGICAL AREA DESIGNATORS.

A historic/archaeological area designator shall be applied to properties or portions thereof in accordance with the stated purpose of the Historic/Archaeological Landmark and District Area Regulations at Section 5700. Designated areas indicated by the Historic/Archaeological Landmark or District (H) and the Specific Historic District (J) special area designators shall be subject to the regulations of Section 5700 through 5747, inclusive. Designated areas indicated by the Specific Historic District (J) area designator shall also be subject to the regulations applicable to the particular district as specified in Section 5749.

(Renumbered and amended by Ord. No. 5330 (N.S.) adopted 12-13-78. Formerly 5702)

(Amended by Ord. No. 7101 (N.S.) adopted 3-12-86)

(Amended by Ord. No. 8114 (N.S.) adopted 7-29-92)

5706 DESIGNATED LANDMARK AND DISTRICT.

Areas having historic, cultural, archaeological and/or architectural resource value that have been identified by the application of a historic/archaeological area designator, shall be known as designated historic and/or archaeological landmarks or districts for purposes of these regulations. Historic and/or Archaeological Landmarks and Districts shall be designated pursuant to the procedures found in Section 7550 of this Ordinance. Historic designators may be removed upon the making of findings found in Section7586 of this Ordinance.

(Renumbered and amended by Ord. No. 5330 (N.S.) adopted 12-13-78. Formerly 5705)

(Amended by Ord. No. 7101 (N.S.) adopted 3-12-86)

(Amended by Ord. No. 8114 (N.S.) adopted 7-29-92)

(Amended by Ord. No. 9702 (N.S.) adopted 10-31-01)

5708 LIMITATIONS ON USE AND CONSTRUCTION WITHIN DESIGNATED LANDMARKS AND DISTRICTS.

a. Archaeological Landmarks or Districts. No salvage mitigation, undergrounding of utilities, trench excavation, grading, clearing, grubbing, removal of archaeological features or artifacts, or any other activity or use potentially damaging to a designated Archaeological Landmark or District protected under this Ordinance shall be permitted, except by site plan review pursuant to Section 5709(c.) and/or 5710.

b. Historic Landmarks or Districts. No construction or alteration of any building or structure, grading, removal of historic features or artifacts, or any other activity or use potentially damaging to a designated Historic Landmark or District protected under this Ordinance shall be permitted, except by site plan review pursuant to Section 5709(a. or b.) and/or 5710.

Defacement, vandalism, or unauthorized disturbance of any designated Landmark or District is prohibited.

(Added by Ord. No. 8114 (N.S.) adopted 7-29-92)

5709 SITE PLAN REQUIRED.

a. Designated Historic District. No permit of any type shall be issued for the construction or alteration of any building or structure, or movement of earth nor shall any person construct or alter a building or structure in areas subject to these regulations until a site plan which conforms to the criteria established pursuant to these regulations has been submitted and approved in accordance with the Site Plan Review Procedure commencing at Section 7150.

b. Designated Historic Landmarks. No permit of any type shall be issued for any alteration to, or construction or earth movement on a parcel containing a designated historic landmark nor shall any person alter, or do any construction on a parcel containing a designated historic landmark until a site plan which conforms to the criteria and procedures established pursuant to these regulations has been submitted and approved in accordance with the Site Plan Review Procedure commencing at Section 7150.

c. Designated Archaeological Landmarks or Districts. No permit of any type shall be issued for the construction or alteration of any building or structure, or movement of earth, nor shall any activities described in Section 5708 occur, in areas designated as Archaeological Landmarks or Districts until a site plan which conforms to the criteria established pursuant to these regulations has been submitted and approved in accordance with the Site Plan Review Procedure commencing at Section 7150.

d. The following projects are exempt from the Site Plan requirements of the Historic/Archaeological Landmark and District Area Regulations:

1. Alterations to the interior of a structure which the Director finds do not degrade or distract from the historic, cultural, or architectural resource values which qualify the site as a designated landmark or district.

2. Electrical, gas or other utility improvements where no associated discretionary permits are required, provided that any visible portion of such improvement does not exceed 24 inches in any dimension, except that no excavation shall be exempted on sites designated with the Historic/Archaeological Landmark and District Area Regulations for archaeological resource values. The Director may require the applicant to submit an affidavit stating that the proposed utility improvement will not serve a use other than those uses presently occurring legally on the site.

3. Temporary improvements associated with construction activities authorized by building permit. Said improvements shall include, but not be limited to, trailers, fences, and signs which do not require discretionary approval by other applicable sections of The Zoning Ordinance.

Any decision by the Director to exempt a project pursuant to this section shall be final.

(Renumbered and amended by Ord. No. 5330 (N.S.) adopted 12-13-78. Formerly 5710)

(Amended by Ord. No. 7101 (N.S.) adopted 3-12-86)

(Amended by Ord. No. 8114 (N.S.) adopted 7-29-92)

(Amended by Ord. No. 8236 (N.S.) adopted 5-5-93)

5710 SITE PLAN PERMIT EXEMPTION- HISTORIC/ARCHAEOLOGICAL LANDMARKS AND DISTRICTS.

An exemption from the requirement to process a Site Plan permit pursuant to Sections5709, 5721 or 5724 may be granted by the Director under either of the following circumstances:

a. If it is determined that the nature of the proposed project is such that subjecting it to the Site Plan review process would not
materially contribute to district or landmark preservation objectives. In making a decision on such a Site Plan permit exemption due
consideration shall be given to the recommendation of the applicable Historic District Review Board or the San Diego County Historic
Site Board or both, as is specified in Section 5745. Such recommendation shall be in writing, signed by the Chairperson of said
Advisory Board, and shall be accompanied by a copy of the project plans upon which the recommendation was based. Site Plan permit
exemption requests shall be transmitted by the applicant to the Advisory Board using a form approved by the Director for that purpose.
If no recommendation is received by the Director from the Advisory Board within 45 days following the Advisory Board's receipt of the
request, the Director may make a decision without the Advisory Board's recommendation.

b. If all of the purposes and requirements of the Site Plan have been or will be fulfilled by another required discretionary permit which
has been or will be reviewed by the Historic Site Board or other applicable Historic District Board.

No building, grading or clearing permit shall be issued for a project for which the Site Plan permit exemption has been granted except pursuant to plans bearing the Director's stamp granting such exemption. No deviation from aspects of such plans pertinent to historic and/or archaeological preservation, such as materials, colors, architectural details, grading, excavation, paving, landscaping, and site design, shall be

permitted without prior recommendation of the appropriate Board and approval of the Director.

(Added by Ord. No. 7432 (N.S.) adopted 1-06-88)

(Amended by Ord. No. 8114 (N.S.) adopted 7-29-92)

(Amended by Ord. No. 8236 (N.S.) adopted 5-5-93)

(Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

5715 CONTENT OF SITE PLAN.

The Site Plan shall include such textual description and plans, sketches, and drawings as are necessary to show:

a. Use. The existing or proposed use and design of the premises, building or structure, including areas to be paved, graded, excavated, landscaped or otherwise improved or disturbed; and

b. Value. The historic, cultural archaeological or architectural resource value or significance of a building, structure or site based upon research of historic archives, archaeological and/or ethnographic data, photographs and other documents; and

c. Relationship to the designated landmark or district. The relationship of the proposed use, activity, building or structure to the historic, cultural, archaeological or architectural resources present at the designated landmark or in the surrounding designated district.

(Amended by Ord. No. 5330 (N.S.) adopted 12-13-78)

(Amended by Ord. No. 7101 (N.S.) adopted 3-12-86)

(Amended by Ord. No. 8114 (N.S.) adopted 7-29-92)

5718 CRITERIA FOR SITE PLANS AND OTHER APPLICATIONS.

The general criterion for review of site plans or other concurrent applications is that the construction, alteration, demolition, or relocation of any building or structure or earth movement shall enhance to the maximum extent feasible, and not interfere with, detract from or degrade the historic, cultural, architectural or archaeological resource values of the designated landmark or district. In applying this general criterion, the following specific criteria shall be evaluated when they are applicable.

a. Compatibility of Use. The use proposed for a building, structure, or parcel of land shall be compatible with the uses predominating in the designated area.

b. Compatibility of Design. All development demolitions, relocations, conversions, or other alterations occurring on designated landmark or district landmark properties shall be in keeping with the architectural style and scale characterizing the period of history in which the structure was built, including the landscaping features, and/or the archaeological features which caused the property to be so designated as a district or landmark. Restoration efforts shall be in keeping with details, materials, textures, colors, and landscape features common to the period of history when the designated landmark or district was constructed. Where necessary, alternative building regulations shall be applied pursuant to part 8 of title 24 of the California Administrative Code, entitled "The Historic Building Code." The Secretary of the Interior's Standards for Historic Preservation Projects shall be the basis for historic design review.

c. Compatibility with Archaeological Resources.

1. No Site Plan within a designated Archaeological Landmark or District shall be approved until protection of the archaeological resources onsite has been accomplished as follows:

i. The Director shall approve a research design and monitoring program prepared by an archaeologist certified by The Society of Professional Archaeologists (SOPA) with a field methodology to conduct test units, trenches, or shovel test/auger holes to demonstrate the maximum extent of the buried deposit that distinguishes the boundary of the archaeological landmark or district. The research design shall set a statistical measure for artifact/ecofact counts to quantify the boundary. The analyzed results shall contribute to the cumulative body of research as set forth in the County of San Diego Archaeology/History Report Procedures;

ii. Artifacts, ecofacts, negatives, slides, and site records shall be catalogued and conserved in a public repository

designated by the County, as required by the Standards of Research Performance of The Society of Professional Archaeologists (SOPA), and in perpetuity available for public educational purposes;

iii. Implementation of the approved research design test shall result in a scientific technical report in accordance with the

County of San Diego Archaeology/History Report Procedures and the report shall be submitted for review and approval by the Director;

iv. Obtain approval from the Director of a preservation plan, said plan to implement a six inch gravel and twenty-four inch soil cap, or equivalent, over buried archaeological resources that might be threatened by unauthorized intrusions. If

deemed necessary, the preservation plan shall include dedication of open space easement(s) over the identified landmark or district, or any part thereof, and over a perimeter buffer strip the width of which shall be determined by the Director;

v. The Site Plan shall require implementation of the approved preservation plan and installation of drought resistant native and/or historically appropriate landscaping as needed to retard erosion of any soil cap (landscaping requiring

permanent irrigation or fertilization shall be minimized);

vi. Establish a procedure for educational groups, traditional Native American groups, and/or archaeologists to apply for

permission from the property owner to view archaeological resources, conduct pilgrimages, or conduct scientific research contingent upon approval from the Director.

vii. If excavation is proposed within areas of an archaeological landmark or district believed to include Native American traditional values or cemetery remains, a Native American observer approved by the County shall be notified and invited to be present during said excavations to evaluate and make recommendations concerning recovered materials.

The Director may administratively waive or modify one or more of these requirements when circumstances or practical difficulties make their

strict application infeasible or unnecessary, and upon a finding that the waiver or modification is consistent with the purpose and intent of these regulations.

2. Site Plans shall require that uses allowed within any open space easement(s) or other delineated area over an archaeological landmark or district shall be consistent with terms of the open space easement and/or preservation plan approved by the Director. Uses may include, but not be limited to:

   i. Scientific investigations with a research design and monitoring program prepared by an archaeologist certified by The

   Society of Professional Archaeologists (SOPA) and approved by the Director of the Department of Planning and Development Services. ii. Native American traditional pilgrimages or observations, traditional vegetation harvest and processing, ritual preparation, astronomical solstice observation, by native people approved by elders of the appropriate local Native American community. iii. Public educational programs, docent tours and community exhibits by non- profit groups, civic organizations, or educational institutions. Exhibits of excavated features, rock-shelters or cave sites, rock art, milling features, and other elements of scientific or Native American traditional value may be developed with adequate security, conservation procedures, and an educational program.

   iv. Capping of buried archaeological sites with six inches of gravel and twenty- four inches of sterile topsoil, or

   equivalent, to protect resources from landscaping associated with passive recreational uses or native habitat restoration, in accordance with a plan approved by a SOPA certified archaeologist and, if necessary, a registered geologist or soils engineer, which has been approved by the Department of Planning and Development Services.

Earth disturbance, grading, well drilling, underground utilities, or construction, shall not be allowed within the buffered archaeological open space easement area unless authorized by terms of the open space easement and/or preservation plan approved by the Director.

(Renumbered and amended by Ord. No. 5330 (N.S.) adopted 12-13-78. Formerly 5720)

(Amended by Ord. No. 7101 (N.S.) adopted 3-12-86)

(Amended by Ord. No. 7703 (N.S.) adopted 12-20-89)

(Amended by Ord. No. 8114 (N.S.) adopted 7-29-92)

(Amended by Ord. No. 10222 (N.S.) adopted 9-25-12. Opr. 11-26-12)

5721 DEMOLITION OR RELOCATION OF DESIGNATED LANDMARKS OR DISTRICTS.

a. No person or organization shall demolish, destroy, or move all or any part of a designated historic landmark or district, nor shall any person or organization demolish, destroy or remove artifacts from all or any part of an archaeological landmark or district, nor shall any permit be issued which would allow such actions unless pursuant to a Major Use Permit. In lieu of a major use permit, a Site Plan may be approved pursuant to Section 5724 for such actions where the Director finds that the building, structure or site involved was not a contributing factor in the designation of the landmark or district, as supported in the documentation submitted to the Board of Supervisors when the site was designated.

b. A Major Use Permit for the above actions on all or any part of a designated landmark or district shall not be approved unless the Approving Authority finds that one or more of the following conditions exist:

1. The structure or site is a hazard to public health or safety, and repairs or stabilization are not physically possible.

2. The site is required for a public use which will be of more benefit to the public than the landmark or district and there is no alternative location for the public use.

3. Retention of such landmark or district, or portion thereof or structure thereon, would cause undue financial hardship to the owner; which is defined as a situation in which there is no use for which the premises can reasonably be utilized which would provide an overall economic benefit or income sufficient to maintain the site or structure. The possibility that another use could bring greater financial return to the owner is not sufficient ground to make this finding. An application for demolition or moving of all or any part of a designated landmark or district on grounds of financial hardship shall include information adequate to justify such hardship.

4. With respect to a Major Use Permit for the relocation of all or any part of a designated historic landmark or district, the relocation will not destroy the historic, cultural or architectural values of the landmark or district and the relocation is part of a definitive series of actions which will assure the preservation of the landmark or district.

c. A Major Use Permit for demolition of all or any part of a designated historic landmark or district shall not be approved unless the site or structure thereon cannot be moved or relocated.

(Added by Ord. No. 5330 (N.S.) adopted 12-13-78)

(Amended by Ord. No. 7101 (N.S.) adopted 3-12-86)

(Amended by Ord. No. 7703 (N.S.) adopted 12-20-89)

(Amended by Ord. No. 8114 (N.S.) adopted 7-29-92)

5724 DEMOLITION OR RELOCATION OF NONCONTRIBUTING BUILDINGS, STRUCTURES OR SITES.

a. Site Plan Required. Demolition or moving of structures, buildings or sites which are not designated historic landmarks but are within Specific Historic Districts, or are determined by the Director to be non-contributing elements of designated landmarks or districts pursuant to Section 5721, shall be permitted only upon approval of a Site Plan pursuant to Section5709.

b. Additional Criteria. The historic, cultural, architectural and/or archaeological resource value of an existing building, structure or site, or portion thereof, proposed for demolition or removal shall be evaluated to determine its relationship and contribution to these resource

values as they are present in the designated district or landmark. Such determinations shall be consistent with documentation submitted to the Board of Supervisors when the district was designated. When the demolition or removal of a building, structure or site would severely impair the resource values of the surrounding designated district, Site Plan approval shall not be granted unless the Director, after further investigation, finds that there is no reasonable alternative to the demolition or removal. Demolition of a building, structure or site which would impair the resource values of the designated district shall not be approved if the building, structure or site can be relocated. The time period for such investigation shall be limited to 90 days from the date of the submission of the Site Plan, except that such period may be extended by the Director with the concurrence of the applicant, or by the Board of Supervisors.

(Added by Ord. No. 5330 (N.S.) adopted 12-13-78)

(Amended by Ord. No. 7101 (N.S.) adopted 3-12-86)

(Amended by Ord. No. 8114 (N.S.) adopted 7-29-92)

5727 CONCURRENT REVIEW.

The Site Plan required by Sections 5709, 5721, or 5724, unless waived by the Director, or the Major Use Permit required by Section5721, and any concurrent Tentative Map, Tentative Parcel Map, Zone Reclassification or Major Use Permit applications shall be referred to the appropriate review board pursuant to Section 5745 for comment. The officer or body having jurisdiction over the concurrent application shall also have jurisdiction over the initial adoption of the related Site Plan, or Major Use Permit required by Section 5721.

(Added by Ord. No. 5330 (N.S) adopted 12-13-78)

(Amended by Ord. No. 7101 (N.S.) adopted 3-12-86)

(Amended by Ord. No. 8114 (N.S.) adopted 7-29-92)

5730 SIGN REGULATIONS.

Off-premise signs shall be prohibited in areas subject to the Historic and Archaeological Landmark and Historic District Area Regulations. Installation or alteration (other than routine maintenance) of other signs shall be subject to the site plan approval.

(Renumbered and amended by Ord. No. 5330 (N.S.) adopted 12-13-78. Formerly 5725)

(Amended by Ord. No. 7101 (N.S.) adopted 3-12-86)

(Amended by Ord. No. 8114 (N.S.) adopted 7-29-92)

5745 REVIEW JURISDICTION.

Discretionary permit applications concerning a historic/archaeological landmark or district shall be referred to the San Diego County Historic Site Board pursuant to Section 7157. If a Specific Historic District has been established (Section 5749 et seq.), discretionary permits concerning property within that district shall be referred to the applicable Specific Historic Review Board, instead of the Historic Site Board. In the event of an application involving both types of designations, it shall be referred to both the County Historic Site Board and the applicable Specific Historic Review Board.

(Added by Ord. No. 7101 (N.S.) adopted 3-12-86)

(Added by Ord. No. 8114 (N.S.) adopted 7-29-92)

(Amended by Ord. No. 8236 (N.S.) adopted 5-5-93)

5746 TRANSMITTAL OF HISTORICAL/ARCHAEOLOGICAL APPLICATIONS.

(Added by Ord. No. 7101 (N.S.) adopted 3-12-86)

(Amended by Ord. No. 8114 (N.S.) adopted 7-29-92)

(Repealed by Ord. No. 8236 (N.S.) adopted 5-5-93)

5747 REVIEW BOARD - ESTABLISHMENT, APPOINTMENT, ETC.

The establishment, appointment, duties, etc. of the San Diego County Historic Site Board and Specific Historic District Review Boards shall be pursuant to Section 396.5 and 396.9 respectively of the San Diego County Administrative Code.

(Added by Ord. No. 7101 (N.S.) adopted 3-12-86)

(Amended by Ord. No. 8114 (N.S.) adopted 7-29-92)

5749 SPECIFIC HISTORIC DISTRICTS.

The purpose of this section is to allow for the establishment of Specific Historic Districts having their own review boards and specific review criteria adopted by the Board of Supervisors.

a. Julian Historic District

1. Applicability. The regulations of this Section apply in the Julian Historic District (Designated "J") in addition to the requirements of Section 5700 through 5747, inclusive, excepting Sections 5708 and 5718(c).

2. Overall Design Criterion: Julian. The external appearance of structures shall resemble as closely as possible the appearance of buildings existing in Julian in the period 1870-1913, as defined in the design manual adopted pursuant to Paragraph "3".

3. Other Criteria. Site plans and concurrent applications shall conform to the Secretary of the Interior's Standards for Historic Preservation Projects criteria set forth in any specific plan adopted for the Julian Historic District, and in a design manual adopted

by the Director and approved by the Board of Supervisors.

Prior to submitting the manual (or amendments thereto) to the Board of Supervisors for approval, the Director shall submit the manual to the Julian Historic District Architectural Review Board for its review and shall forward the Review Board's recommendation to the Board of Supervisors.

4. Architectural Review Board. Site plans concerning property within the Julian Historic District shall be referred to the Julian Historic District Architectural Review Board pursuant to Section 7157. The Julian Historic District Architectural Review Board shall advise the Director as to the site plan's conformance with applicable ordinances, general and specific plans, and other regulations.

(Added as Sec. 5750 by Ord. No. 5330 (N.S.) adopted 12-13-78)

(Renumbered and amended by Ord. No. 7101 (N.S.) adopted 3-12-86)

(Amended by Ord. No. 7703 (N.S.) adopted 12-20-89)

(Amended by Ord. No. 8114 (N.S.) adopted 7-29-92)

COMMUNITY DESIGN REVIEW AREA REGULATIONS

5750 TITLE AND PURPOSE.

The provisions of Section 5750 through Section 5799, inclusive, shall be known as the Community Design Review Area Regulations. The purpose of design review is to evaluate site planning, architecture, landscape design, signage and lighting to ensure that new development is compatible with surrounding development and community goals. These regulations provide for the maintenance and enhancement of a Community's individual character and identity.

(Added by Ord. No. 7127 (N.S.) adopted 5-7-86)

(Amended by Ord. No. 10296 (N.S.) adopted 10-23-13)

5754 DESIGNATED AREA.

An area that has been identified by the application of a Community Design Review Area Designator shall be known as a designated area for the purposes of these regulations. Designated areas shall be subject to the Community Design Review Area Regulations of Section 5750 through 5799 inclusive. In addition, property subject to the Village 1 (FB-V1), Village 2 (FB- V2), Village 3 (FB-V3), Village 4 (FB-V4), or Village 5 (FB-V5) Zones in the community of Fallbrook shall be subject to these regulations, to the Fallbrook Design Guidelines, and to the Fallbrook Design Review Checklist.

In addition, property located within the Ramona Village Center Area, Village 1 (RM-V1), Village 2 (RM-V2), Village 3 (RM-V3), Village 4 (RM- V4), Village 5 (RM-V5), or Civic (RM-CD) Zones in the community of Ramona shall be subject to these regulations, to the Ramona Village Plan, and to the Ramona Village Plan Design Review Checklist.

Property located within the Alpine Village Core Area, Core (AL-V2), Edge (AL-V1), or Civic (AL- CD) Zones in the community of Alpine shall also be subject to these regulations, to the Alpine Village Plan, and to the Alpine Village Plan Design Review Checklist.

(Added by Ord. No. 7127 (N.S.) adopted 5-7-86)

(Amended by Ord. No. 9935 (N.S.) adopted 4-23-08)

(Amended by Ord. No. 10296 (N.S.) adopted 10-23-13)

(Amended by Ord. No. 10348 (N.S.) adopted 7-30-14)

5756 SITE PLAN PERMIT REQUIRED.

No building permit or discretionary approval pursuant to this ordinance shall be issued, nor shall any person construct or alter a building, structure, or parking area, nor shall any outdoor commercial or industrial use be established, on land subject to the Community Design Review Area Regulations until a plot plan which conforms to the criteria established pursuant to these regulations has been submitted and approved in accordance with the Site Plan Permit Review Procedure commencing at Section 7150. A Site Plan Permit is not required for any of the following:

a. Alterations to the interior of a structure which are not visible from the outside.

b. Zone Reclassifications, subdivisions of land, or other discretionary approvals not involving the design of buildings or structures, except that subdivisions in the I-15 Scenic Corridor shall not be exempt.

c. Electrical, gas or other utility improvements where no associated discretionary permits are required, provided that any visible portion of such improvement does not exceed 24 inches in any dimension. The Director may require the applicant to submit an affidavit stating that the proposed utility improvement will not serve a use other than those uses presently occurring legally on the site.

d. Temporary improvements associated with construction activities authorized by building permit. Said improvements shall include, but not be limited to, trailers, fences, and signs which do not require discretionary approval by other applicable sections of the Zoning Ordinance.

e. Signs exempt from the Zoning Ordinance pursuant to Section6203.

f. Temporary special purpose off premise signs pursuant to Section 6207.

g. Any use or development type which according to the applicable design guidelines is not subject to design review pursuant to the Community Design Review Area Regulations.

h. A grading permit pursuant to the Grading Ordinance, except in the I-15 Scenic Corridor.

i. The following types of projects which the Director determines comply with the applicable community design program objectives and design guidelines:

1. New on-premise signs, except in the I-15 Scenic Corridor, if existing on-premise signs which are under the control of the person requesting the exemption are also in full compliance with applicable Design Guidelines. The Director may require sufficient evidence in the form of drawings, photographs and/or other graphic exhibits.

2. Replacement, repair or minor modifications to exterior wall or roof finish materials on existing structures.

j. Exterior alteration or new construction not otherwise exempt under this section, which is not visible from any street, excluding alleys, provided the total lot coverage is not increased to more than 75 percent of the net lot area. Eliminating said visibility through screening techniques such as landscape, walls, fences or grading shall not qualify such exterior alterations or new construction for this exemption. The Director shall determine if a project meets this exemption standard and may require any necessary information including drawings, photographs and/or other graphic exhibits.

k. Small antennas (i.e., satellite earth station receiving antennas or similar antennas for video programming and television signals) exempted by Federal Communications Commission rules from local design review regulations. This exemption applies to antennas that are one meter (39 inches) or less in diameter or diagonal measurement. Such antennas mounted on masts exceeding 12 feet in height are not included in this exemption.

l. Certified Farmers’ Market pursuant to section 6122.

Any decision by the Director to exempt a project pursuant to this section shall be final.

(Added by Ord. No. 7127 (N.S.) adopted 5-7-86)

(Amended by Ord. No. 7576 (N.S.) adopted 1-11-89)

(Amended by Ord. No. 8236 (N.S.) adopted 5-5-93)

(Amended by Ord. No. 8407 (N.S.) adopted 5-18-94)

(Amended by Ord. No. 8897 (N.S.) adopted 3-18-98)

(Amended by Ord. No. 9958 (N.S.) adopted 12-10-08)

(Amended by Ord. No. 10296 (N.S.) adopted 10-23-13)

5757 SITE PLAN PERMIT EXEMPTION - COMMUNITY DESIGN REVIEW.

a. An exemption from the Site Plan Permit requirement of Section5756 may be granted by the Director under any of the following circumstances:

1. Existing Permit Exemption. All of the purposes and requirements of the Site Plan Permit process have been fulfilled by an existing approved discretionary permit.

2. Concurrent Permit Exemption. All of the purposes and requirements of the Site Plan Permit process will be fulfilled by a concurrent discretionary permit which will be reviewed the applicable Community Design Review Board.

3. Minor Project Exemption. The Director determines that a proposed project is minor in nature, as defined in Section7156(b) and that subjecting it to the Site Plan Permit review process would not materially contribute to the attainment of the community design objectives and guidelines as set forth in the applicable Design Guidelines. The applicable Community Design Review Board may recommend to the Director whether to grant a minor project exemption. The recommendation shall be in writing, signed by the Chairperson or other member of the Review Board who has been authorized by the Review Board to sign Site Plan Permit exemption requests, and shall be accompanied by a copy of the project plans upon which the recommendation was based.

4. Design Review Checklist Exemption. The Director determines that the project complies with the objective standards set forth in the Design Review Checklist for the applicable community in which the project is located. The applicable Community Design Review Board may recommend to the Director whether to grant a Design Review Checklist Exemption. The recommendation shall be in writing, signed by the Chairperson or other authorized member of the Design Review Board and shall be accompanied by a copy of the Design Review Checklist and stamped plot plans on which the recommendation was based.

b. A request for a Site Plan Permit exemption based on compliance with subsections5757 a.3 or 5757 a.4 shall be transmitted by the Director to the applicable Community Design Review Board using forms approved by the Director for that purpose. If no recommendation is received by the Director from the Review Board within 45 days following the Review Board's receipt of the request, the Director may make a decision without the Review Board's recommendation.

c. Notwithstanding the above, the Review Board may recommend a Site Plan Permit exemption of entire classes of projects, in which case the Director may exempt projects within these classes without obtaining recommendations from the Review Board on each individual case.

d. No building permit shall be issued for a project for which the Site Plan Permit exemption has been granted pursuant to subsections 5757 a.3 or 5757 a.4 unless the project’s plot plans bear the Director's stamp granting the exemption. No deviation from aspects of such approved plot plans pertinent to the Design Guidelines or the Design Review Checklist, such as materials, colors, architectural details, landscaping, and site design, shall be permitted without prior recommendation of the appropriate Design Review Board and approval of the Director incompliance with this Section.

(Added by Ord. No. 7229 (N.S.) adopted 11-05-86)

(Amended by Ord. No. 7432 (N.S.) adopted 1-06-88)

(Amended by Ord. No. 7740 (N.S.) adopted 3-28-90)

(Amended by Ord. No. 8105 (N.S.) adopted 7-15-92)

(Amended by Ord. No. 8185 (N.S.) adopted 12-16-92)

(Amended by Ord. No. 8236 (N.S.) adopted 5-5-93)

(Amended by Ord. No. 9690 (N.S.) adopted 12-15-04)

(Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

(Amended by Ord. No. 10296 (N.S.) adopted 10-23-13)

5758 CONTENT OF PLOT PLAN.

The plot plan shall include such textual descriptions and plans, sketches and drawings as are necessary to provide the information as required by the applicable Community Design Guidelines pursuant to Section 5799.

(Added by Ord. No. 7127 (N.S.) adopted 5-7-86)

(Amended by Ord. No. 10296 (N.S.) adopted 10-23-13)

5760 DEVELOPMENT STANDARDS AND REVIEW CRITERIA.

In addition to the development standards contained in the Zoning Ordinance and the County Code the standards and criteria contained in the applicable Community Design Guidelines or Design Review Checklist shall apply to any project subject to the Community Design Review Area Regulations.

(Added by Ord. No. 7127 (N.S.) adopted 5-7-86)

(Amended by Ord. No. 10296 (N.S.) adopted 10-23-13)

5761 SPECIAL PARKING PROVISIONS WITHIN DESIGNATED SPECIAL PARKING DISTRICTS.

a. Purpose and Intent. The intent of this section is to encourage economic revitalization and the maintenance and enhancement of existing zero front yard setback development patterns in certain traditional downtown commercial districts as specified herein, consistent with certain Community Design Guidelines adopted pursuant to the Community Design Review Area Regulations. To achieve this purpose, the design, location and number of automobile, bicycle and loading spaces within these districts may be determined on a case-by-case basis.

b. Special Parking Districts Designated. The following described areas are hereby designated as Special Parking Districts:

1. Parcels with frontage on Main Avenue in Fallbrook, from Mission Road to Elder Street; properties with frontage on Mission

Road from Main Avenue to Iowa Street; and Assessor Parcel Number 103-132-06, as said parcel was identified on the County Assessor's maps on June 17, 1994 and any other parcel located in Fallbrook Village Zone 1 or Fallbrook Village Zone 2.

2. Parcels with frontage on Maine Avenue in Lakeside from Mapleview Street to Los Coches Road.

3. Parcels with frontage on Main Street/Highway 67 in Ramona, from Tenth Street to Third Street; and Assessor Parcel

Numbers 281-251-01, 281-263-03, 281-444-02, and 281-443-15, as said parcels were identified on the County Assessor's maps on June 17, 1994.

c. Parking Requirements Within Special Parking Districts. Parking requirements for structures or uses located within a Special Parking District may be established in accordance with a Site Plan Permit approved pursuant to these regulations and the applicable Design Guidelines, provided the following conditions are met:

1. The project will not result in any driveway intersecting with the frontage street if the building site has public vehicular access available from an alley or side street, except that an existing driveway may be retained in the following situations: (1) where a structure is involuntarily damaged or destroyed and is reconstructed, repaired, or rebuilt in accordance with the Zoning Ordinance, or (2) where an existing structure is expanded or renovated in accordance with the Zoning Ordinance. If the building site has no public vehicular access available from an alley or side street, any proposed driveway shall be of minimum permitted width and serve on-site parking and/or loading at the rear of the lot or at such other location as may be approved in accordance with these regulations and the applicable Design Guidelines. 2. The number of spaces shall be determined in consideration of the parking generation characteristics of the proposed use and the physical limitations of the site. The number of spaces shall be as close as possible to the number which would be required if the Special Parking District did not exist, except that for buildings constructed pursuant to a building permit issued after June 17, 1994, the number of spaces shall not be reduced to less than 75 percent of the number which would be required if the Special Parking District did not exist. 3. Notwithstanding any other provision of this section, if a structure in a Special Parking District is damaged or destroyed, any nonconformity as to the applicable off-street parking for said structure may be resumed if the structure is reconstructed, repaired or rebuilt in accordance with the applicable Community Design Guidelines and all other applicable requirements. See also

(Added by Ord. No. 8407 (N.S.) adopted 5-18-94)

(Amended by Ord. No. 9620 (N.S.) adopted 12-10-03)

(Amended by Ord. No. 10296 (N.S.) adopted 10-23-13)

5762 CONCURRENT REVIEW.

The Site Plan Permit required by Section 5756 shall be submitted and reviewed concurrently with an application for a Tentative Map, Tentative Parcel Map, Major or Minor Use Permit or Zone Reclassification. Site Plan Permits and any concurrent applications shall be referred to the appropriate design review board pursuant to Section 5764. The officer or body having jurisdiction over the concurrent application shall

also have jurisdiction over the initial adoption of the related Site Plan Permit.

(Added by Ord. No. 7127 (N.S.) adopted 5-7-86)

(Amended by Ord. No. 10296 (N.S.) adopted 10-23-13)

5764 REVIEW JURISDICTION.

Site Plan Permits concerning property within a designated area shall be referred to the appropriate Community Design Review Board pursuant to Section 7157 or in areas where no such board exists, the Director may consider the input of the applicable Community Planning or Sponsor Group.

(Added by Ord. No. 7127 (N.S.) adopted 5-7-86)

(Amended by Ord. No. 8236 (N.S.) adopted 5-5-93)

(Amended by Ord. No. 8712 (N.S.) adopted 8-6-96)

(Amended by Ord. No. 10296 (N.S.) adopted 10-23-13)

5766 TRANSMITTAL OF SITE PLANS FOR REVIEW.

(Added by Ord. No. 7127 (N.S.) adopted 5-7-86)

(Repealed by Ord. No. 8236 (N.S.) adopted 5-5-93)

5798 COMMUNITY DESIGN REVIEW BOARD - ESTABLISHMENT, APPOINTMENT, AND DUTIES.

The establishment, appointment, and duties of the Community Design Review Boards shall be pursuant to Section396.10 of the San Diego County Administrative Code.

(Added by Ord. No. 7127 (N.S.) adopted 5-7-86)

5799 COMMUNITY DESIGN REVIEW AREAS.

a. Applicability. The requirements of Section 5750 through 5799, inclusive, apply to the areas that are designated Design Review Areas (Special Area Designator "B"), and to that property within the community of Fallbrook to which the Village 1 (FB-V1), Village 2 (FB- V2), Village 3 (FB-V3), Village 4 (FB-V4), or Village 5 (FB-V5) Zone has been applied and to area within the community of Ramona for which the Village 1 (RM-V1), Village 2 (RM- V2), Village 3 (RM-V3), Village 4 (RM-V4), Village 5 (RM-V5), or Civic (RM-CD) Zones has been applied; and to area within the community of Alpine for which the Core (AL-V2), Edge (AL-V1), or Civic (AL-CD) Zones has been applied. (see Section 8000)

b. Design Criteria. Site Plan permits and concurrent applications shall conform to criteria set forth in the applicable Design Guidelines Manual approved by the Board of Supervisors.

c. Design Review Boards. Site Plan permits concerning property within designated Design Review Areas shall be referred to the Community's Design Review Board for recommendation, if such a board exists for the area. The Design Review Board shall advise the Director as to the Site Plan permit’s conformance with the Community's Design Guidelines Manual. The Review Board's evaluation shall be limited to the design guidelines set forth in the manual, and the Review Board shall cite the specific guideline(s) in instances where a project may be inconsistent with the adopted design manual. The Director may consider the input of the applicable planning or sponsor group in areas where no design review board exists.

(Added by Ord. No. 7127 (N.S.) adopted 5-7-86)

(Amended by Ord. No. 8712 (N.S.) adopted 8-6-96)

(Amended by Ord. No. 9935 (N.S.) adopted 4-23-08)

(Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

(Amended by Ord. No. 10296 (N.S.) adopted 10-23-13)

(Amended by Ord. No. 10348 (N.S.) adopted 7-30-14)

PLANNED DEVELOPMENT AREA REGULATIONS

5800 TITLE AND PURPOSE.

The provisions of Section 5800 through Section 5849, inclusive, shall be known as the Planned Development Area Regulations. The purpose of these provisions is to insure the following: 1) the preservation of land areas within the unincorporated territory of San Diego County which possess unique characteristics and features of a geographical, geological, topographical, environmental, agricultural, scenic or historical nature; and/or 2) to permit a more creative and imaginative design for development of any area than is generally possible under conventional zoning regulations which will result in more economical and efficient use of land while providing a higher level of amenities associated with development in Village areas and greater preservation of open space in Rural areas.

(Amended by Ord. No. 8247 (N.S.) adopted 5-19-93)

(Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

5802 APPLICATION OF PLANNED DEVELOPMENT SPECIAL AREA REGULATIONS.

These regulations shall be applied where appropriate to achieve the purpose set forth in Section5800 and in accordance with the Planned

Development Standards in Section 6600.

(Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

5804 LIMITATION ON USE AND CONSTRUCTION.

No use or construction otherwise permitted is allowed on land subject to the Planned Development Area Regulations except as follows:

a. Development of a planned development in accordance with the Planned Development Standards in Section6600 is allowed pursuant to a Major Use Permit.

b. Civic Use Types are permitted provided that a Major Use Permit is granted for any Civic Use Type (other than Essential Services) for which a use permit is not otherwise required.

c. The Director may waive the application of this Section to a parcel of not more than 5 acres in area upon a finding that such waiver is consistent with the General Plan and the purposes of these regulations.

d. The Director may waive the application of this section for a parcel of 5 acres or more for the development of one single-family dwelling upon a finding that such waiver is consistent with the General Plan and the purposes of these regulations.

e. The decision of the Director pursuant to subsections c and d above may be appealed pursuant to Section7200 et seq.

For purposes of applying this section, the term "use" shall not include divisions of land into parcels each of which has a gross area of 40 acres or larger.

(Amended by Ord. No. 5786 (N.S.) adopted 6-4-80)

(Amended by Ord. No. 5787 (N.S.) adopted 6-4-80)

(Amended by Ord. No. 6506 (N.S.) adopted 1-5-83)

(Amended by Ord. No. 7191 (N.S.) adopted 9-10-86)

(Amended by Ord. No. 9676 (N.S.) adopted 9-22-04)

(Amended by Ord. No. 10035 (N.S.) adopted 1-27-10)

(Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

5806 INTERIM USES AND STRUCTURES.

The following are permitted on land subject to the Planned Development Area Regulations prior to development pursuant to Section5804:

a. Agricultural and Extractive use types otherwise permitted by the Use Regulations.

b. A Major Use Permit may be granted to authorize, for a specified period of time, any use not involving a significant investment in buildings, structures, or other improvements. Alternatively, a Major Use Permit may be granted for any use pursuant to a bonded agreement in an amount sufficient to ensure the removal of all buildings, structures, and other improvements within a specified time and/or under specified conditions when the decision-making body finds that such agreement will carry out the intent of this Ordinance and is enforceable by the County.

c. A Major or Minor Use Permit or Administrative Permit may be continued, modified, reinstated, or renewed for any use which, prior to the application of the Planned Development Area Regulations to the subject property, was permitted pursuant to a duly authorized use or Administrative Permit.

d. An Administrative Permit may be granted by the Director to authorize alteration or expansion of existing structures, or erection of accessory structures, other than those authorized in 5806(e), if such construction does not hinder the eventual development of the property as a planned development.

e. Alteration or expansion of existing one or two family dwellings, or their accessory structures, or addition of accessory structures.

(Amended by Ord. No. 5786 (N.S.) adopted 6-4-80)

(Amended by Ord. No. 8506 (N.S.) adopted 3-1-95)

(Amended by Ord. No. 8599 (N.S.) adopted 10-11-95)

VERNAL POOL AREA REGULATIONS

(Added by Ord. No. 6240 (N.S.) adopted 2-17-82)

5850 TITLE AND PURPOSE.

The provisions of Section 5850 through Section 5856, inclusive, shall be known as the Vernal Pool Area Regulations. The purpose of these provisions is to protect and preserve vernal pools which are rare, unique and of limited distribution by regulating development within or adjacent to these areas. Since an entire ecosystem is associated with vernal pool areas, these regulations are intended to protect the various rare, threatened, or endangered species of plants and animals. A typical example of the type of resource to be protected by these regulations is the mesa mint (Pogognye abramsi).

(Added by Ord. No. 6240 (N.S.) adopted 2-17-82)

(Amended by Ord. No. 6291 (N.S.) adopted 5-18-82)

5852 APPLICATION OF VERNAL POOL AREA REGULATIONS.

These regulations shall be applied where appropriate to achieve the purpose set forth in Section5850.

(Added by Ord. No. 6240 (N.S.) adopted 2-17-82)

(Amended by Ord. No. 6291 (N.S.) adopted 5-18-82)

5854 LIMITATION ON USE AND CONSTRUCTION.

On property subject to the "V" Vernal Pool Area Regulations, no use or activity is permitted unless authorized by a minor use permit. For purposes of this Section, "use" or "activity" means any activity which is likely to alter, modify, disturb, or destroy a vernal pool or its associated rare, threatened, or endangered species, including but not limited to:

a. Modifying or disturbing the soil surface or existing vegetation by grading (including agricultural grading), filling, ditching, plowing, tilling, cultivating, brushing, grubbing, clearing, burning, or applying any herbicide or other substance injurious to plant or animal life.

b. Draining or filling a vernal pool.

c. Placing an impervious covering on, over, or under the soil or water surface.

d. Construction, expansion, alteration, or installation of a structure.

(Added by Ord. No. 6240 (N.S.) adopted 2-17-82)

(Amended by Ord. No. 6291 (N.S.) adopted 5-18-82)

5856 PERMIT CRITERIA.

No use permit, or other required permit shall be granted for any use, activity, or construction in the area subject to the Ordinance unless the applicant demonstrates to the satisfaction of the officer or body having jurisdiction that:

a. The proposed use, activity, or construction will not have any significant, adverse effects on any identified vernal pool or an associated rare, threatened, or endangered species; or

b. Adequate mitigating measures will be provided to protect the vernal pool or its associated rare, threatened, or endangered species; or

c. There are social and economic benefits which override any adverse effects and there is no reasonably acceptable alternative site which would fulfill the purposes of the proposed use, activity, or construction.

The environmental review documentation prepared and submitted pursuant to Sections7610 and 7611 shall be used by the officer or body having jurisdiction to the maximum extent possible in administering the provisions of this Section.

(Added by Ord. No. 6240 (N.S.) adopted 2-17-82)

(Amended by Ord. No. 6291 (N.S.) adopted 5-18-82)

DESIGN REVIEW AREA REGULATIONS

(Added by Ord. No. 6186 (N.S.) adopted 11-18-81)

5900 TITLE PURPOSE.

The provisions of Section 5900 through Section 5949, inclusive, shall be known as the Design Review Area Regulations. The purpose of these provisions is to insure that future structures and development of a site will complement not only the site to be developed but also the surrounding areas and existing development.

(Added by Ord. No. 6186 (N.S.) adopted 11-18-81)

5902 APPLICATION OF DESIGN REVIEW DESIGNATOR.

The design review area designator shall be applied in accordance with the stated purpose of the Design Review Area Regulations at Section 5900. The ordinance applying said designator to particular property shall contain a statement of the objective(s) sought to be achieved and the standard(s) by which the required site plan will be judged.

(Added by Ord. No. 6186 (N.S.) adopted 11-18-81)

5905 SITE PLAN PERMIT REQUIRED.

a. No permit of any type shall be issued for any development in areas subject to the Design Review Area Regulations until a Site Plan
permit has been submitted and approved in accordance with the Site Plan Review Procedure commencing at Section 7150. A Site Plan
permit is not required if the Director determines that the proposed project is of such type or character that the stated objectives or
review criteria contained in the ordinance applying the design review designator would not be applicable to the proposed project. A Site
Plan permit is also not required if said ordinance applying the design review designator specifically exempts the Site Plan permit
requirement for the proposed project, and such an ordinance exemption shall be final.

b. The Site Plan permit shall not be required to contain more information than required to satisfy the stated concerns of the Board of
Supervisors at the time the design review area designator was applied.

c. An exemption from the requirement to process a Site Plan permit pursuant to this section may be granted by the Director under
either of the following circumstances:

1. If it is determined that the nature of the proposed project is such that subjecting it to the Site Plan permit review process
would not materially contribute to the attainment of the stated purpose or objectives of the ordinance which applied the Design

Review Area Regulations to the subject property, or that all of the purposes and requirements of the Site Plan permit have been fulfilled by an existing approved discretionary permit. In making a decision on such a Site Plan permit exemption, the Director shall consider the recommendation of the applicable Community Planning Group or Sponsor Group. Site Plan permit exemption requests shall be transmitted by the Director to the Group using a form approved by the Director for that purpose. If no recommendation is received by the Director from the Group within 45 days following the Group's receipt of the request, the Director may make a decision without the Group's recommendation.

Notwithstanding the above, the Community Planning or Sponsor Group may recommend a Site Plan permit exemption of entire classes of projects, in which case the Director may grant an exemption for projects within these classes without obtaining recommendations from the Planning or Sponsor Group on each individual case.

2. If all of the purposes and requirements of the Site Plan permit will be fulfilled by a concurrent discretionary permit which will
be reviewed by the applicable Community Planning Group or Sponsor Group.

No building permit shall be issued for a project for which the Site Plan permit exemption has been granted except pursuant to plans bearing the Director's stamp granting such exemption. No deviation from aspects of such plans pertinent to the stated purpose or objectives of the ordinance which applied the Design Review Area Regulations to the subject property shall be permitted without prior recommendation of the appropriate Community Planning or Sponsor Group.

(Added by Ord. No. 6186 (N.S.) adopted 11-18-81)

(Amended by Ord. No. 6761 (N.S.) adopted 4-25-84)

(Amended by Ord. No. 7432 (N.S.) adopted 1-06-88)

(Amended by Ord. No. 8105 (N.S.) adopted 7-15-92)

(Amended by Ord. No. 8185 (N.S.) adopted 12-16-92)

(Amended by Ord. No. 8236 (N.S.) adopted 5-5-93)

(Amended by Ord. No. 9690 (N.S.) adopted 12-15-04)

(Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

5906 CONTENT OF SITE PLAN.

The required Site Plan shall specify the dimensions, elevation, color and architectural design of the proposed buildings and structures necessary to be compatible with the architectural theme and character of adjacent developed parcels and the existing neighborhood. In addition, the required Site Plan may, when required pursuant to Section 5905b, include such maps, plans, drawings, and sketches as are necessary to show:

a. The placement, height and physical characteristics of all existing and proposed buildings and structures located on the development site;

b. The existing vegetation to be removed or retained and all proposed landscaping;

c. The location and dimensions of existing and proposed ingress and egress points, interior road and pedestrian walkways, parking and storage area;

d. The existing and finished topography of the development site, including the existing natural drainage system and its proposed treatment;

e. The number, size, location and design of existing and proposed signs; and

f. The exterior lighting plan, which could have a visual impact on the exterior appearance of the development.

(Added by Ord. No. 6186 (N.S.) adopted 11-18-81)

(Amended by Ord. No. 6761 (N.S.) adopted 4-25-84)

5910 SITE PLAN CRITERIA.

The statement by the approving authority as required by Section5902 shall be the general criterion for review of the site plan by the Director. The following specific criteria shall also be reviewed to achieve the objectives of the approving authority.

a. Building Characteristics. The dimensions, color, architectural design of the proposed buildings and structures shall be compatible and in keeping with those existing in the designated area.

b. Building and Structure Placement. The placement of buildings and structures shall not detract from the visual setting or obstruct significant views.

c. Landscaping. The removal of native vegetation shall be minimized and the replacement vegetation and landscaping shall be compatible with the vegetation of the designated area and shall harmonize with the natural landscaping. Landscaping and plantings shall be used to the maximum extent practicable to screen those features listed in subsections "d" and "e" of this section and shall not obstruct significant views, either when installed or when they reach mature growth.

d. Roads, Pedestrian Walkways, Parking and Storage Areas. Any development involving more than one building or structure shall provide common access roads and pedestrian walkways. Parking and outside storage areas shall be screened from view, to the maximum extent feasible, by existing topography, by the placement of buildings and structures, or by landscaping and plantings.

e. Grading. The alteration of the natural topography of the site shall be minimized and shall avoid detrimental effects to the visual setting of the designated area and the existing natural drainage system. Alterations of the natural topography shall be screened from view by landscaping and plantings which harmonize with the natural landscape of the designated area, except when such alteration add variety to or otherwise enhance the visual setting of the designated area.

f. Signs. The number, size, location, and design of all signs shall not detract from the visual setting of the designated area or obstruct significant views. Subsequent to the site plan review and approval, any alteration to signs other than general maintenance shall be subject to a new Site Plan or an Administrative Permit.

g. Lighting. The interior and exterior lighting of the buildings and structures and the lighting of signs, roads and parking areas shall be compatible with the lighting employed in the designated area.

(Added by Ord. No. 6186 (N.S.) adopted 11-18-81)

(Amended by Ord. No. 6983 (N.S.) adopted 7-03-85)

5950 COASTAL RESOURCE PROTECTION REGULATIONS

(Repealed by Ord. No. 10697 (N.S.) adopted 11-18-20, effective 03-15-21, see Coastal Zone Regulations, Section 9000-9500)

UNSEWERED AREA REGULATIONS

5960 TITLE AND PURPOSE.

The provisions of Section 5960 through Section 5964, inclusive, shall be known as the Unsewered Area Regulations. The purpose of these provisions is to regulate development in those locations that are planned and zoned for urban use but are not within a sewer district, recognizing that development of these areas without public sewers could have adverse impacts on the level and quality of the groundwater table, coastal bluff erosion, water quality of wetlands, and public health. Development of these areas without public sewers could also result in densities lower than those planned which could inhibit concentration of development and could also lead to increased pressure to develop less appropriate coastal area locations, such as agricultural lands.

(Added by Ord. No. 6743 (N.S.) effective 1-11-85)

5962 APPLICATION OF UNSEWERED AREA DESIGNATOR.

The Unsewered Area Regulations shall be applied to those areas without sewer service where appropriate to achieve the purpose set forth in Section 5960.

(Added by Ord. No. 6743 (N.S.) effective 1-11-85)

5964 LIMITATIONS ON USES AND DIVISIONS OF LAND.

Notwithstanding the provisions of the applicable use regulations, no divisions of land which create parcels or lots smaller than one acre, and no development or use of land that requires disposal of domestic waste water on parcels or lots smaller than one acre, shall be permitted unless public sewer is provided and utilized. Legal lots which existed prior to July 21, 1982, and tentative subdivision maps which were approved by the County prior to July 21, 1982, are exempt from these provisions.

(Added by Ord. No. 6743 (N.S.) effective 1-11-85)

FORMER FOREST CONSERVATION INITIATIVE PROPERTIES OVERLAY

5970 TITLE AND PURPOSE.

The provisions of Section 5970 through Section 5972 inclusive, shall be known as the Former Forest Conservation Initiative Properties Overlay. The purpose of these provisions is to implement the terms of the Settlement Agreement, dated February 26, 2019, between the County of San Diego and the Sierra Club, the Cleveland National Forest Foundation, and Save Our Forest and Ranchlands, and to provide notice to the public and County decision makers that these lands lie within the Cleveland National Forest Administrative Boundary.

5971 APPLICATION OF FORMER FOREST CONSERVATION INITIATIVE PROPERTIES OVERLAY.

The Former Forest Conservation Initiative Properties Overlay shall be applied to those non-Federal lands in the County of San Diego which were formerly designated “Forest Conservation Initiative” lands, and which are located outside of the Village and Rural Village boundaries, as of February 26, 2019.

5972 REQUIREMENTS.

The Board of Supervisors shall not approve any amendment of a General Plan land use designation for any project within the Former Forest Conservation Initiative Properties Overlay that would increase residential density beyond what the General Plan allows unless it undertakes the analysis and makes the findings as set forth in subsections (a), (b) and (c) below:

a. Analyze the consistency of the proposed project with the County’s Regional Housing Needs Assessment allocation and determine whether there is available development potential within the nearest Village or Rural Village boundary to accommodate the project’s proposed increase in residential density;

b. Find as follows:

1. The proposed project is supported by adequate access to water supply, consistent with the San Diego County Groundwater Ordinance;

2. The proposed project will not exacerbate wildfire risks;

3. The proposed project is compatible with the environmental resources of the National Forest and will not adversely affect the stability of land use patterns in the area;

4. The proposed project employs “carbon neutral” principles, such as integrating passive design strategies, specifying energy

efficient air handling systems, lighting and appliances; and installing on-site renewable energy; and

5. The proposed project will not constitute part of, or encourage a piece-meal conversion of a larger forest area to residential or other non-open space uses; and

c. Analyze whether there is capacity in the nearest Village or Rural Village to accommodate the project’s proposed increase in residential density. The Board of Supervisors may approve a proposed project, notwithstanding such capacity, provided an explanation is made as to why the project is being approved instead of utilizing such capacity.

These requirements shall be in addition to all other requirements of the General Plan Amendment Process.

(Amended by Ord. No. 10661 (N.S.) adopted 2-26-20)

PART SIX: GENERAL REGULATIONS GENERAL PROVISIONS

6000 TITLE AND PURPOSE.

The provisions of Section 6000 through Section 6999, inclusive, shall be known as the General Regulations. The purpose of these provisions is to set forth certain of the regulations which apply throughout the County or in several zones, and to clarify and amplify additional regulations applying within San Diego County

6005 APPLICATION.

The General Regulations apply to all zones and all uses of land unless otherwise stated. Violation of the General Regulations is a violation of the Zoning Ordinance.

6010 OFFICIAL ZONE MAP.

The boundaries of all zones shall be shown on an Official Zone Map maintained by the Director. Whenever the boundaries of zones are changed, or property is reclassified to another zone, the Director shall alter the Official Zone Map to reflect such changes.

6015 UNCERTAINTY OF BOUNDARIES.

Where uncertainty exists as to the boundaries of any zone, the following rules of construction shall apply:

a. Along Line. Where such boundaries are indicated as approximately following street and alley lines or lot lines, such lines shall be construed to be such boundaries.

b. Unsubdivided Property. Where a zone boundary divides a lot, or parcel, the location of such boundaries, unless the same are indicated by dimension, shall be determined by the use of the scale appearing on said zoning map.

c. Vacated or Abandoned Street or Alley. Where a public street or alley is officially vacated or abandoned, the area of comprising such vacated street or alley shall acquire the classification of the property to which it reverts.

d. Realigned Rights-of-Way in Certain Subdivisions. Where a proposed public street or alley shown on a tentative map forms a zone boundary, and such street or alley is realigned on the final map for the subdivision, the zone boundary shall be deemed to be the centerline of the street or alley as shown on the approved final map.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

6020 RIGHTS-OF-WAY UNCLASSIFIED.

Areas of dedicated street or alley rights-of-way other than such as are designated on the zoning map as being classified in one of the zones provided in this ordinance shall be deemed to be unclassified and such unclassified streets shall be used only for purposes lawfully allowed.

6025 SPECIFIC PLANS.

If a Specific Plan has been adopted for property which is also subject to the S88 Specific Planning Area Use Regulations, any provisions of the Specific Plan relating to subjects contained in the General Regulations in this part shall prevail over The Zoning Ordinance regulations to the extent of any conflict between them.

(Added by Ord. No. 8581 (N.S.) adopted 9-20-95)

TEMPORARY USE REGULATIONS

6100 TITLE AND PURPOSE.

The provisions of Section 6100 through 6149, inclusive, shall be known as the Temporary Use Regulations. The purpose of these regulations is to establish permitted temporary uses and standards and conditions for regulating same.

6102 IDENTIFICATION OF PERMITTED TEMPORARY USES.

The following temporary uses shall be permitted as specified by these regulations:

a. Circus, Carnival, or Other Outdoor Entertainment Event. The temporary gathering of people for a circus, carnival, or other outdoor entertainment event.

b. Antique or Art Show on Public Property. The temporary use of public property for antique or art shows.

c. Civic, Fraternal or Religious Assembly. The temporary gathering by an organization listed in Section1348 on public or private

property that is not the regular gathering place for that organization.

d. Construction Support. Temporary building and structures supporting residential development and major construction.

e. Reversible Uses of Future Highway Rights-of-Way. Temporary uses on land required for a future County or State Highway.

f. Travel Trailer Park. The temporary operation of a travel trailer park.

g. Uses in New Subdivisions. Temporary uses in new subdivisions and other residential developments which support the sale of dwellings and lots within the same subdivision or residential development.

h. Use of Trailer Coach. Temporary use of a trailer coach for certain purposes.

i. Use of Public School Sites. Temporary use of a public school site for certain specified purposes.

j. Certified Farmers’ Market. Temporary use of certain public or commercial property for a Certified Farmers’ Market.

k. Meteorological Testing (MET) Facility. Temporary use of a Meteorological Testing (MET) Facility permitted in accordance with Section 6123.

l. Temporary Outdoor Sales. Temporary outdoor sales, incidental to the existing commercial uses on a site, in certain commercial or

industrial zones.

m. Commercial Filming. Temporary use of public or private property (not including public road rights-of-way) for commercial motion picture production, television production, still photography and related activities.

n. Mobile Butchering. Temporary use of commercial, industrial, agricultural or special purpose zoned private property for butchering of livestock on a limited basis.

o. Fishermen’s Market. Temporary use of certain public or commercial property for a Certified Fisherman’s Market.

p. Temporary Cannabis Event. An event of limited duration, and located in a specific area, which allows the on-site sale and/or consumption of cannabis at the event, in compliance with California Business and Professions Code Section 26200(e) and Section 21.2501 et seq. of the San Diego County Code of Regulatory Ordinances.

(Amended by Ord. No. 7693 (N.S.) adopted 11-29-89)

(Amended by Ord. No. 9958 (N.S.) adopted 12-10-08)

(Amended by Ord. No. 9971 (N.S.) adopted 02-25-09)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

(Amended by Ord. No. 10035 (N.S.) adopted 1-27-10)

(Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

(Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

(Amended by Ord. No. 10463 (N.S.) adopted 4-14-17)

(Amended by Ord. No. 11015 (N.S.) adopted 8-19-26)

6104 TEMPORARY USES SUBJECT TO CONTROLS.

Temporary uses shall be subject to all regulations as would be applied to a permanent principal or accessory use located in the same zone, except as otherwise provided by these regulations.

6106 CIRCUS, CARNIVAL, OR OTHER OUTDOOR ENTERTAINMENT EVENT.

The temporary gathering of people for a circus, carnival, or other outdoor entertainment event may be permitted by the Sheriff pursuant to Title 2, Division 1, Chapter 8 and Chapter 24 of the County Code through the issuance of a license pursuant to the Uniform Licensing Procedure of the County Code and in compliance with the following provisions:

a. Location. A circus, carnival or other outdoor entertainment event may be permitted in any zone except zones subject to the RS, RD, RM, and RV Use Regulations. Notwithstanding this subsection, a circus, carnival or other public outdoor assembly event may be permitted in any zone, including the RS, RD, RM and RV Use Regulations on properties with a valid Major Use Permit subject to the requirements of this section.

b. Duration. The period of operation of the circus, carnival or other outdoor entertainment event shall not exceed five consecutive days, no more than six events per year on the same property. There shall be a minimum of 14 consecutive days between events. Events exceeding these limitations shall be considered Participant Sport and Recreation Use type.

c. Noticed Hearing Not Required. The Sheriff may issue a license pursuant to this section without notice or public hearing.

d. Community Events pursuant to Title 2, Division 1, Chapter 2 of the County Code shall be under the authority of the Department of Environmental Health. Community Events may be permitted in any zone except zones subject to the RS, RD, RM, and RV Use Regulations and are permitted on properties with a valid Major Use Permit subject to the Department of Environmental Health requirements. However, a temporary event or any aspect of an event that is specifically prohibited by the Use Permit conditions shall not be allowed by this Section.

(Amended by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

(Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

(Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

6107 ANTIQUE OR ART SHOW ON PUBLIC PROPERTY.

The temporary gathering of people for an antique or art show and sales event may be permitted in compliance with the following provisions:

a. Location. An antique or art show and sales event may be permitted in any zone provided such event is held on property owned by or under the control of a public agency and which is held pursuant to a permit, license, or leave approved by the governing board of said public agency, which permit, license or lease contains specific authorization for said event. As used in this section, "public agency" includes counties, cities, municipal corporations, political subdivisions, public districts and other public agencies of the State of California.

b. Duration. The period of operation of the antique or art show and sales event shall not exceed 3 consecutive days, and there shall be no more than six events per year.

(Amended by Ord. No. 6937 (N.S.) adopted 4-10-85)

(Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

6108 CIVIC, FRATERNAL OR RELIGIOUS ASSEMBLY.

The temporary gathering by an organization listed in Section 1348 on public or private property that is not the regular gathering place for that organization may be permitted in compliance with the following provisions:

a. Location. An assembly may be permitted in any zone except zones subject to the RS, RD, RM, and RV Use Regulations.

b. Duration. The period of operation of the assembly shall not exceed 8 consecutive days. There shall be a minimum of 14 consecutive days between events.

c. Recurrence. Events recurring more than four times in a calendar year are not considered temporary.

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

(Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

6110 CONSTRUCTION SUPPORT.

Temporary buildings for commerce or industry incidental to residential development, and temporary structures for the housing of tools, equipment, building assembly operations and supervisory offices in connection with major construction projects shall be permitted in any zone; provided such temporary buildings or structures are located within or adjacent to the development or construction site to which they are incidental.

6112 REVERSIBLE USES ON FUTURE HIGHWAY RIGHTS-OF-WAY.

Any temporary use, not involving any significant investment in buildings, structures, or other improvements may be permitted through the issuance of a Major Use Permit on a lot or parcel of land provided the Director, Department of Public Works or the District Director of the California Department of Transportation has determined that said lot or parcel will be required in its entirety at some future date for a County Highway or a State Highway. Alternatively, a Major Use Permit may be granted for any use pursuant to a bonded agreement in an amount sufficient to ensure the removal of all buildings, structures, and other improvements within a specified time and/or under specified conditions when the decision-making body finds that such agreement will carry out the intent of this Ordinance and is enforceable by the County.

(Amended by Ord. No. 8506 (N.S.) adopted 3-1-95)

6116 USES IN NEW SUBDIVISIONS.

Certain temporary uses as specified herein may be established within a subdivision for which a final map has been recorded, or in a proposed subdivision for which a tentative map has been approved and a final map thereof filed for approval by the Director of Public Works; or in conjunction with an individual multiple dwelling or multiple dwelling complex; solely for the marketing of dwellings, and/or lots, in the same residential development.

a. Permitted Uses. The following temporary uses may be permitted in conformance with the following standards:

1. Model homes in a number not to exceed that necessary to provide one example of each dwelling type being offered in the residential development. Reversed floor plans and exterior facade variations will not be considered as separate dwelling types. Each model home shall be erected on an individual site which conforms to a lot shown on the recorded final map or on the final

map filed for approval with the Director of Public Works; meet all setback requirements of the applicable zone or, in the case of provisional reclassification, of the zone to which the property has been provisionally reclassified; and qualify in all respects for sale and residential occupancy upon termination of its use as a model home.

2. Real estate sales office facilities for the purpose of promoting the sale or rental of dwellings and/or lots, which are located only within the same residential development or proposed subdivision. The foregoing provisions of this section notwithstanding, a temporary real estate sales office facility may be located adjacent to the residential development to which it is incidental in compliance with all other provisions of this section.

3. Off-street parking facilities.

4. Children's play areas, landscaping and landscape features such as walkways, pools, benches, walls, fencing, and similar appurtenant features of a noncommercial nature.

NOTE: See Section 6268 (c.2. & e.) for related temporary on-site signage allowances and requirements, and County Code Section86.701 et seq. for Water Conservation in Landscaping.

b. No use authorized by this section will be located, installed or operated in a manner that will have an unnecessarily adverse effect on the use and enjoyment of any property on which an occupied dwelling is located, or may be located during the duration of such authorized use.

c. Building Permits. Prior to the issuance of building permits for the temporary uses in "a" above, the following conditions shall be met:

1. When the residential development for which such temporary uses are to be constructed would constitute a subdivision, a tentative subdivision map must be approved and the final map thereof recorded; or if a final map has not been recorded, a final

map must be filed with the Director of Public Works for approval and approved by said Director as to conformance to the tentative subdivision map and mathematical accuracy.

2. Appropriate zoning must be in effect for the property encompassed by the subdivision or proposed subdivision or other residential development, to accommodate the lot sizes shown on the final map and the proposed uses thereof; provided, however, that where subject property has been provisionally reclassified, lot sizes and proposed uses may conform to the zone to which such property has been provisionally reclassified.

3. Necessary sanitary facilities must be provided as required by the Director of Environmental Health.

4. The property owners shall execute and file with the County and acknowledged agreement (notarized) assuming all risks inherent in construction prior to recordation of a final map and agreeing to abide by all conditions set forth in this Section prior to the sale of any model home; further agreeing that all temporary uses permitted by this section shall be terminated not later than 30 months after issuance of building permits therefore, unless a written request for extension of time has been submitted to and approved by the Director prior to the expiration of said 30 months, and within 30 days of the expiration of said 30 months or extension thereof, all temporary uses and related improvements other than model homes, shall be completely removed from the premises and all model homes shall be restored to a condition suitable for sale for residential occupancy, including reconversion of any garage to a condition suitable for the storage of private vehicles or the provision by other means of required off-street parking spaces. In the case where the final subdivision map has not been recorded, the property owner shall further agree that in the event of a final map which includes the property whereon uses authorized by this section are located is not recorded prior to expiration of the Tentative Map, all uses and related improvements, including model homes, shall be completely removed from the premises and the site restored to a clean and safe condition within 90 days from the date of expiration of the Tentative Map. Each agreement shall also contain a statement signed by the property owner agreeing that if all uses and related improvements are not removed as herein required, they may be removed or demolished, and the site restored by the County without further notice. Prior to the erection of any model home, the property owner shall post with the Director a bond in an amount satisfactory to the Director sufficient to defray any expense incurred by the County in either the restoration or conversion of the model homes to a condition suitable for sale for residential occupancy, or in the complete removal or demolition of said uses and improvements and site restoration. The bond shall be released to the property owner or person legally entitled thereto upon satisfactory removal or conversion of the concerned facilities.

(Amended by Ord. No. 5786 (N.S.) adopted 6-4-80)

(Amended by Ord. No. 6506 (N.S.) adopted 1-5-83)

(Amended by Ord. No. 7110 (N.S.) adopted 4-2-86)

(Amended by Ord. No. 8157 (N.S.) adopted 10-14-92)

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95)

(Amended by Ord. No. 8897 (N.S.) adopted 3-18-98)

(Amended by Ord. No. 9690 (N.S.) adopted 12-15-04)

(Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

6118 USE OF A TRAILER COACH.

The temporary use of a trailer coach for the following purposes may be permitted in compliance with the following conditions:

a. Business Uses.

1. Business office for a financial institution or public utility which is required, as a condition of a franchise granted by the United States, the State or a public agency, to maintain a place of business at a location at which no permanent structure suitable for the purpose is available. 2. Business office incidental to and located on a site on which a temporary carnival, circus, amusement center, Christmas tree sales or similar temporary or seasonal business is being lawfully conducted. 3. Business office or sales facility on or adjacent to a site on which construction of a permanent business office or sales facility for use of the permittee is being diligently pursued. 4. Construction office on or adjacent to any site on which a building or construction project is being diligently pursued; or for temporary offices on a site used for a borrow pit, quarry, asphalt paving plant, concrete batch plant, or mining operation for which a major use permit has been granted. 5. Political campaign office located on private property for a period not to exceed one year provided, however, such trailer shall be removed within 15 days following the next general election held after such trailer is sited. 6. Real estate sales office when the trailer coach is located on a lot or parcel of land adjacent to or within a proposed subdivision for which a Tentative Map has been approved and a final map thereof submitted to the Department of Public Works for checking to which such real estate office is incidental. Such permit may be issued to expire six months after completion of all sales but not exceed a period of three years.

2. Business office associated with the production and distribution of agricultural or horticultural products grown on the premises in zones subject to the A70, A72, S90, and S92 Use Regulations upon issuance of an Administrative Permit for a period of not to exceed five years.

   8. Government service uses in accordance with the provisions of Section 6120.

b. Residential Uses.

1. Dwelling to accommodate visiting relatives for a period not to exceed thirty (30) calendar days in any calendar year on land owned or leased by the host and on which there is located a permanent dwelling occupied by the host.

2. Dwelling on land owned by the applicant on which the applicant is diligently pursuing construction under a valid building permit for the first permanent dwelling provided that the trailer coach shall maintain all setbacks required for the main building except that the Director may waive meeting the rear yard setback otherwise required by this ordinance provided such waiver is necessary to prevent interference with construction activities and the trailer will be located no closer to the rear lot line than the required interior side yard setback. However, the Director may allow an ETOP (pursuant to subsection 7) converting to a temporary occupancy permit (TOP) to remain in its previously permitted location.

   3. A dwelling for temporary health care on a lot where there is a permanent single family dwelling is permitted subject to the requirements set forth below. This trailer is exclusively for temporary occupancy by either: (a) providers of health care or administration of health services which are required by an occupant of the main dwelling, or (b) relatives of an occupant of the main dwelling who require health care directed by a health services provider.

   The following are requirements for health care trailer approval:

   a) The health care unit shall be a trailer or mobile home not exceeding 800 square feet measured from the interior

   surface of the exterior walls, with adequate facilities for living, sleeping, cooking, eating, and sanitation for one or more persons.

   b) The trailer shall meet main building setbacks.

   c) The trailer shall be connected to existing utility systems or required expansion of said systems on site whenever possible. Where there is no connection to public sewer, prior to the issuance of the building permit, a connection to an onsite wastewater treatment system (OWTS) shall be evaluated and meet the standards of the Local Agency

   Management Program.

   d) Prior to issuance of a building permit for a health care trailer, a Certificate of Need signed by a physician licensed to practice medicine in the State of California shall be submitted to and approved

   by the Director. The Certificate shall be renewed upon expiration of the permit. Initial permits and subsequent renewals shall be active for a time period determined appropriate by the licensed physician signing the Certificate of Need, with a minimum period of one year and a maximum period of five years.

   e) When the health care need no longer exists, the unit shall be removed. Failure tocomply is a violation of The Zoning Ordinance and may result in any or all remedies or penalties specified in the Enforcement Procedures

   commencing with Section 7700, including a $1,000 fine per day or six months jail sentence or both.

f) If the applicant complies with the terms of the temporary occupancy permit, then, upon removal of the trailer coach by the applicant, the full amount of any previously furnished deposit shall be refunded or security released.

4. Dwelling for security personnel on or adjacent to any site on which construction of a major residential, commercial, industrial or public works project is being diligently pursued and for which security personnel are employed.

5. Dwelling for security personnel on any site on which construction of a residential, commercial, industrial or public works project has been completed and for which security personnel are employed pending construction of permanent dwelling facilities for such security personnel.

6. Dwelling for security personnel on a site used for a borrow pit, quarry, asphalt paving plant, rock rushing plant, concrete batch plant, or mining operation for which a Major Use Permit has been granted.

7. Dwelling for displaced residents or security personnel on a site where the principal dwelling has been rendered unoccupiable by reason of an officially declared disaster or emergency relating to fire, wind, flood, earthquake or other similar circumstance. An emergency temporary occupancy permit (ETOP) for such a temporary dwelling shall expire at such time as a building permit for the repair or replacement of the principal dwelling has been issued (at which time the ETOP shall be converted to a temporary occupancy permit (TOP) pursuant to subsection b.2), or one year after the declaration date of the event causing the damage or destruction of the principal dwelling, whichever is earlier.

Prior to the expiration of the ETOP, the Director may grant one or more extensions of up to one year each upon making all of the following findings:

a) That the granting of the extension will not be detrimental to the public health, safety and welfare;

b) That there is a special circumstance or a hardship to the displaced residents;

c) That the special circumstance or hardship is not the result of the residents own actions.

c. Termination of Use.

1. When use of a trailer coach is related to a use authorized by a use permit or Administrative Permit, occupancy or use of the trailer coach shall terminate with the expiration, abandonment or revocation of the related use permit and thereafter said trailer coach shall be removed from subject property.

2. When use of a trailer coach is related to the construction of a related permanent facility, occupancy or use of the trailer coach shall terminate upon completion of construction of the permanent facility and thereafter said trailer coach shall be removed from

subject property.

d. Compliance with County Code. The use and occupancy of any trailer coach shall comply with the provisions of Chapter 2, of Division 5, Title 5, of the County Code or Regulatory Ordinances relating to trailer coaches.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 5684 (N.S.) adopted 1-16-80)

(Amended by Ord. No. 6082 (N.S.) adopted 6-10-81)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

(Amended by Ord. No. 6761 (N.S.) adopted 4-25-84)

(Amended by Ord. No. 6983 (N.S.) adopted 7-03-85)

(Amended by Ord. No. 7109 (N.S.) adopted 4-02-86)

(Amended by Ord. No. 7110 (N.S.) adopted 4-02-86)

(Amended by Ord. No. 7220 (N.S.) adopted 10-22-86)

(Amended by Ord. No. 7306 (N.S.) adopted 5-20-87)

(Amended by Ord. No. 7468 (N.S.) adopted 5-04-88)

(Amended by Ord. No. 7482 (N.S.) adopted 5-18-88)

(Amended by Ord. No. 7640 (N.S.) adopted 7-03-89)

(Amended by Ord. No. 8205 (N.S.) adopted 2-03-93)

(Amended by Ord. No. 8555 (N.S.) adopted 7-14-95)

(Amended by Ord. No. 8962 (N.S.) adopted 9-23-98)

(Amended by Ord. No. 9690 (N.S.) adopted 12-15-04)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

(Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

(Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

(Amended by Ord. No. 10974 (N.S.) adopted 2-11-26)

6120 GOVERNMENT SERVICE USES.

The temporary use of buildings on private land to provide government service uses classified as Major Impact Services and Utilities may be permitted through the issuance of an Administrative Permit in compliance with the following provisions:

a. Occupancy. The temporary occupancy of buildings for government service uses shall be by the United States, the State or other governmental agency which is otherwise exempt from regulation by The Zoning Ordinance when utilizing their own property.

b. Location. Government service uses may be permitted in zones subject to the C36, C37, C38 or C40 Commercial Use Regulations.

c. Duration. The period of operation of government service uses shall not exceed five years.

d. Noticed Hearing and Findings Required. No Administrative Permit for temporary government service uses may be issued unless notice has been given in accordance with the provisions of Section 7605b. and the findings made as set forth in Section7358.

(Added by Ord. No. 7109 (N.S.) adopted 4-02-86)

6121 TEMPORARY USE OF PUBLIC SCHOOL SITES FOR COMMUNITY RECREATION, PARK AND PLAYGROUND PURPOSES.

Property owned by a public school district and designated by the district as a school site may, prior to construction of actual school facilities, be used on a temporary basis for park and playground purposes provided the following conditions are met:

a. Types of Uses. Uses shall be limited to athletic and recreational activities, particularly for children, whether or not such activities are organized.

b. Term of Allowed Temporary Use. The temporary use of a public school site shall not exceed four years unless a major use permit has been approved for such use. The four year period shall run continuously from the first commencement of use under this section.

c. Hours of Operation. Activities, including setup and preparation, shall not begin prior to 8:00 a.m. nor shall they continue later than 8:00 p.m. Monday through Saturday, and 9:00 a.m. till 6:00 p.m. on Sunday.

d. Parking. Adequate off-street parking and/or alternative means of transportation shall be provided, such that allowed activities do not result in a need for on-street parking.

e. Operation and Maintenance. The school district owning or controlling the site in question shall be responsible for operating and maintaining the site and its facilities so that there are no adverse impacts on the public health, safety or neighborhood character. The District shall keep the site clean and well maintained at all times.

f. Permanent Structures. No building permits shall be issued for permanent structures for the accommodation of any temporary uses,

except for fences or restroom facilities that comply with the other requirements of this ordinance.

g. All activities at the site shall comply with the County Code of Regulatory Ordinances regarding Noise Control. No amplified sound shall be allowed.

h. District Rules. The public school district shall adopt policies, rules and regulations concerning use of this section, prior to permitting any use pursuant to this section.

(Added by Ord. No. 7693 (N.S.) adopted 11-29-89)

6122 CERTIFIED FARMERS’ MARKET

A Certified Farmers’ Market is allowed on a legal lot provided the following conditions are met:

a. Location. A Certified Farmers’ Market shall be located on public property, property owned by a school district which is developed with a school use, within the C31, C32, C34, C35, C36, C37, C40 or C42 use regulations, or within the S88 use regulations and designated commercial in the Specific Plan. A Certified Farmers’ Market shall not be located within a private road easement or on vacant or unimproved land.

b. Duration. A Certified Farmers’ Market shall not operate on more than two days per week.

c. Hours of Operation. No activities, including setup, preparation, sales and close up, shall begin before 6:30 a.m. or continue after than 10:00 p.m. on Monday through Saturday. On Sunday the applicable hours shall be 7:30 a.m. and 6:00 p.m. respectively.

d. The sales area shall not disrupt the flow of traffic onto and off of the site.

e. The market shall have a current Certified Farmers’ Market Certificate issued by the County Agricultural Commissioner and shall comply with all applicable laws, including the applicable provisions of the Food and Agricultural Code, the applicable regulations of the California Department of Food and Agriculture and the applicable ordinances of the County.

(Added by Ord. No. 9958 (N.S.) adopted 12-10-08)

(Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

6123 METEOROLOGICAL TESTING FACILITY

A Meteorological Testing (MET) Facility is permitted as a temporary use if the following requirements are met:

a. An Administrative Permit must be obtained in accordance with the Administrative Permit Procedure commencing at Section7050 except as specified in subsection 6123.l below. The following findings must be made prior to approval of an Administrative Permit:

1. The location, size, design, and operating characteristics of the proposed use will be compatible with adjacent uses, residents, buildings, or structures, with consideration given to: i. Harmony in scale, bulk, coverage and density; ii. The availability of public facilities, services and utilities; iii. The harmful effect, if any, upon desirable neighborhood character; iv. The generation of traffic and the capacity and physical character of surrounding streets; v. The suitability of the site for the type and intensity of use or development which is proposed; and to vi. Any other relevant impact of the proposed use; 2. The impacts, as described in paragraph "a.1" of this section, and the location of the proposed use will be consistent with the San Diego County General Plan; and 3. The requirements of the California Environmental Quality Act have been complied with. b. Location. A MET Facility is prohibited on property subject to the S81 Use Regulations. c. Notification. Notice shall be provided pursuant to Section7060c. d. Setback. The MET Facility shall be set back from all property lines and roads by a minimum of the distance equal to the height of structure (tower, equipment, etc.) or the applicable setback requirements of the zone, whichever is greater. The setback requirements of the zone shall apply to all components of the MET Facility including, but not limited to, a tower, guy wires, guy wire anchors and any other related equipment. e. Minimum Spacing. The MET Facility shall be located at least 500 feet from any other MET Facility. f. Area of Disturbance. The MET Facility shall not disturb an area more than is necessary for the base of a tower, the guy wire anchors, other authorized equipment for the Facility and/or an access road. The equipment may include sonar equipment. The entire area of disturbance shall be clearly shown on the plans.

   g. Size. The MET Facility may include one temporary structure other than a tower or a sonar equipment trailer. The temporary structure is limited to 120 square feet in size including fencing and noise attenuation walls and may be used to store equipment for the

   MET Facility.

   h. Illumination. No exterior lights are allowed on a MET Facility except as required by the Director, the Federal Aviation Administration or other government agency.

   i. Height. The MET Facility shall be less than 200 feet in height.

j. Duration. The MET Facility shall not operate for more than three years from the date of approval of the Administrative Permit unless the Director grants an extension. The Director may grant an extension of time upon the applicant submitting written justification for the continued use of the facility and filing for a modification of the Administrative Permit pursuant to Section 7072. A MET Facility approved by a Use Permit may operate for the time period specified in the Use Permit. The MET Facility shall be removed within 30 days of the

expiration of the three-year period specified in the Administrative Permit or the time period specified in the Use Permit.

k. Security. The operator shall provide security in the form and amount determined by the Director to ensure removal of the MET Facility. The security shall be provided to PDS prior to building permit issuance. Once the MET Facility has been removed from the property pursuant to a demolition permit to the satisfaction of the Director, the security may be released to the operator of the MET Facility.

l. A MET Facility that complies with the height designator in the height schedule of the zone in which the facility is located, is allowed

with a Zoning Verification Permit if the facility meets the requirements of subsections b, d, e, f, g, h, and k of this section. The MET Facility shall be removed within three years of the Zoning Verification Permit approval date.

m. A MET Facility shall comply with all applicable fire code requirements. If a provision of section6123 is inconsistent with an applicable fire code requirement, the fire code requirement shall take precedence.

(Added by Ord. No. 9971 (N.S.) adopted 02-25-09)

(Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

(Amended by Ord. No. 10261 (N.S.) adopted 5-15-13)

(Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

6124 TEMPORARY OUTDOOR SALES.

Temporary outdoor sales, incidental to the existing commercial uses on the site, may be allowed in compliance with all of the following provisions:

a. Seasonal sales of pumpkins or Christmas trees. The establishment of a temporary sales lot for the seasonal sale of pumpkins or Christmas trees associated with a recognized holiday is allowed subject to all of the following:

1. Location. The sales lot area shall be located on a paved site with an existing commercial or industrial development within the C34, C35, C36, C37, C40, C42, M52, M54, M58 Use Regulations, or in designated commercial developments in planned developments or specific plans, unless otherwise prohibited. Sales lots are not allowed on vacant properties.

2. Duration. The period of operation shall be between October 1 and October 31 for the sale of pumpkins and between Thanksgiving and December 26 for Christmas trees. The facility shall be removed and the premises cleared of all debris and restored to the condition prior to the establishment of the sales event within 10 days after the required end of the sale.

3. Size. The sales lot area shall not exceed 10 percent of the parking area or 10,000 square feet, whichever is less and shall be located most distant from the existing commercial buildings on the property when feasible, to maintain customer parking closest to the buildings. No handicap accessible parking spaces shall be obstructed.

4. Fencing. Temporary fencing up to six feet in height around the sales lot area is allowed, providing the fencing location complies with the Section 6708.

5. Temporary Power. A permit for temporary power shall be obtained, as required by the Building Division, for sales lots requiring electrical service.

6. Lighting. All outdoor lighting, including temporary lighting, shall be in compliance with Section6300 and with the Outdoor Lighting Regulations of the County Code.

7. Site Plan Modification, Minor Deviation or Site Plan Permit Exemption Not Required. For properties that are subject to Sections 5200, 5750, 5800 or 5900, a Site Plan Modification, Minor Deviation or a Site Plan permit exemption will not be required for temporary outdoor sales that comply with all provisions of this subsection.

8. Additional Limitations.

   a) The seller shall obtain any required licenses or permits from the Sheriff pursuant to the Uniform Licensing Procedure of the County Code.

   b) The sales lot area shall comply with the fire prevention standards as approved and enforced by the local Fire Protection District.

   c) Temporary sanitation facilities shall be provided.

   d) The temporary sales lot area shall not be used for the sale of any merchandise not directly associated with pumpkins or with Christmas trees and holiday decorations.

   e) The sale of food and beverages is prohibited.

This subsection shall not authorize activities otherwise regulated pursuant to Section6106.

b. Vehicles, Trailers or Boats. The establishment of a temporary sales lot for the sale of motorized vehicles (including new or used automobiles and recreational vehicles), trailers or boats is allowed, subject to all of the following:

1. Location. The sales lot may be located on any paved site with an existing commercial or industrial development within the C34, C35, C36, C37, C40, M54, M56 and M58 Use Regulations, or in designated commercial developments in planned developments or specific plans where Automotive and Equipment: Sales and Rentals, Light Equipment are a permitted use. Sales lots are not allowed on vacant properties. 2. Duration. The period of operation of the temporary outdoor sales shall not exceed three consecutive days every 3 months, not to exceed 12 days in a calendar year. Facilities for the temporary sale may be set up one day prior to, and taken down one day following, the three day sales period. 3. Size. The sales lot area shall occupy only the parking spaces that are in excess of the minimum number required for the existing uses on the property and shall be located most distant from the existing commercial buildings on the property, when

feasible. No handicap accessible parking spaces shall be obstructed.

4. Temporary Power. A permit for temporary power shall be obtained, as required by the Building Division, for sales lots requiring electrical service.

5. Temporary Lighting. All outdoor lighting, including temporary lighting, shall be in compliance with Section6300 and with the Outdoor Lighting Regulations of the County Code.

6. Site Plan Modification or Minor Deviation Required. For properties that are subject to the provisions of Section7150, a Modification or Minor Deviation to an existing Site Plan will be required for temporary outdoor sales pursuant to this subsection, unless a Site Plan permit exemption is granted pursuant to Section 7156.

7. Additional Limitations.

   a) The temporary outdoor sales event shall conform to all applicable provisions of state law, including all requirements of the Department of Motor Vehicles.

   b) The sales lot area shall comply with the fire prevention standards as approved and enforced by the local Fire Protection District.

   c) Temporary sanitation facilities shall be provided.

   d) Sales of vehicle parts or accessories, food and beverages, or any other items are prohibited.

(Added by Ord. No. 10035 (N.S.) adopted 1-27-10)

(Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

(Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

6125 COMMERCIAL FILMING

Temporary commercial motion picture production, television production (including commercials), still photography and related activities on public or private property (excluding public road rights- of-way), for occasional commercial filming on location, subject to the following:

a. All commercial filming activities shall be conducted under the auspices of the Chief Administrative Office. A Certificate of Insurance indemnifying the County of San Diego as an additional insured, shall be provided.

b. Prohibited activities:

i. Any filming activity that creates a substantial risk of injury to persons, damage to property or a significant degradation of the

environment or that is contrary to the public health, safety or welfare, including but not limited to, disruption of emergency access to surrounding properties.

ii. Any filming activities that violate any applicable County codes including, but not limited to, the Grading Ordinance, Noise Ordinance or

Resource Protection Ordinance.

c. Limitations. On properties where commercial filming activities are the principal use of the property or structures, the use shall not be considered temporary and shall be subject to all applicable provisions of the Zoning Code.

d. Exempted activities. The filming, videotaping or production of current news which includes reporters, photographers or cameramen employed by a newspaper, news service, broadcasting station or similar entity engaged in on-the-spot broadcasting of news events, or the filming or videotaping of motion pictures solely for private family use, shall be exempt from these provisions.

(Added by Ord. No. 10095 (N.S.) adopted 12-8-10)

(Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

6126 MOBILE BUTCHERING

a. Location.

1. Mobile Commercial Butchering operations shall be located within commercial, industrial, agricultural or special purpose zones where either the Food and Beverage Retail Sales use type is allowed or where the Packing and Processing: Limited or General use types are allowed.

2. Mobile Custom Butchering operations shall be located on a property where the livestock was raised, or another nearby property under the same ownership, where the Packing and Processing: Limited or General use types are allowed.

b. Setback. The trailer or vehicle where the mobile butchering occurs shall be located outside the setback requirements of the zone or at least 25 feet from the nearest property line, whichever is greater.

c. Duration. Mobile butchering shall not operate on more than 6 times per year and not more than 3 consecutive days on the same property or property within 1 mile of another property used for mobile butchering by the same owner.

d. Hours of Operation. No activities, including setup, preparation, and slaughtering or butchering shall begin before 7 a.m. or continue later than 8:00 p.m. on Monday through Saturday. On Sunday the applicable hours shall be 9 a.m. and 6:00 p.m., respectively.

e. The Mobile Butchering operation shall be registered with the USDA and shall comply with all applicable federal and state laws and/or guidelines.

f. All remains (carcasses, blood, etc.) of animals slaughtered shall be disposed of off-site in compliance will all applicable state and

local laws. No accumulation of animal matter in which fly larvae exist or any accumulation of filth or source of foulness hazardous to health or comfort of people is allowed.

(Added by Ord. No. 10463 (N.S.) adopted 4-14-17)

6128 FISHERMEN’S MARKET

A Fishermen’s Market is allowed on a legal lot provided the following conditions are met:

a. Location. A Fishermen’s Market shall be located on public property, property owned by a school district which is developed with a school use, within the C31, C32, C34, C35, C36, C37, C40 or C42 use regulations, or within the S88 use regulations and designated commercial in the Specific Plan. A Fishermen’s Market shall not be located within a private road easement or on vacant or unimproved land.

b. Duration. A Fishermen’s Market shall not operate on more than two days per week.

c. Hours of Operation. No activities, including setup, preparation, sales and close up, shall begin before 6:30 a.m. or continue after than 10:00 p.m. on Monday through Saturday. On Sunday the applicable hours shall be 7:30 a.m. and 6:00 p.m. respectively.

d. The sales area shall not disrupt the flow of traffic onto and off of the site.

e. The market shall comply with all applicable laws, including the applicable provisions of the Food and Agricultural Code and the Health and Safety Code, and all applicable requirements of the Department of Environmental Health.

f. A Fishermen’s Market may operate at the same time and location as a Certified Farmers’ Market, provided each Market meets all

applicable requirements of state codes and local ordinances.

(Added by Ord. No. 10463 (N.S.) adopted 4-14-17)

6129 TEMPORARY CANNABIS EVENT

a. a. Temporary cannabis events shall comply with Title 2, Division 1, Chapter 25 of the San Diego County Code of Regulatory Ordinances and may be allowed subject to all application and license requirements in Section 21.2534 relating to Temporary Cannabis Events.

b. Location. Temporary cannabis events may be held on private property in C35, C36, C37, C38, C40, M50, M52, M54, M56, and M58 zones. Temporary cannabis events must be setback 600 feet from residential zones, and cannabis sensitive uses as defined in Section 6995.e.4.i. Temporary cannabis events shall not be allowed at a cannabis facility.

c. Duration. A temporary cannabis event license shall only be issued for up to four consecutive days, consisting of no more than two days of operation and two days for set-up and breakdown/cleanup. The hours of operation for the event shall be no earlier than 10 a.m. and no later than 10 p.m.

d. Allowed Number of Events. A maximum of six temporary cannabis events shall be allowed per calendar year on each legal lot that is approved to host a temporary cannabis event.

(Added by Ord. No. 11015 (N.S.) adopted 8-19-26)

ACCESSORY USE REGULATIONS

6150 TITLE AND PURPOSE.

The provisions of Section 6150 through 6199, inclusive, shall be known as the Accessory Use Regulations. The purpose of these provisions is to establish the relationship among the principal and accessory uses and the criteria for regulating accessory uses.

6152 ACCESSORY USES ENCOMPASSED BY PRINCIPAL USE.

In addition to the principal uses expressly included in the Use Regulations, each zone subject to such Use Regulations shall be deemed to include such accessory uses which are specifically identified by these Accessory Use Regulations; and such other accessory uses which are necessarily and customarily associated with, and are appropriate, incidental and subordinate to, such principal uses. When provided by these regulations, it shall be the responsibility of the Director to determine if a proposed accessory use is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to the principal use, based on the Director's evaluation of the resemblance of the proposed accessory use to those uses specifically identified as accessory to the principal uses and the relationship between the proposed accessory use and the principal use. Such determinations which are made by the Director shall be subject to the Administrative Appeal Procedure commencing at Section 7200. It shall be unlawful to establish or maintain any accessory use and/or accessory structure on any lot where there is no lawfully established principal use on the same lot.

(Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

6154 ACCESSORY USES SUBJECT TO CONTROLS.

Accessory uses shall be controlled in the same manner as the principal uses within each zone, except as otherwise provided by these regulations.

6156 RESIDENTIAL AND AGRICULTURAL USE TYPES.

Subject to the restrictions and limitations specified, the following accessory buildings and uses shall be permitted in zones where Residential and Agricultural Use Types are permitted:

a. Attached Private Garages and Carports, Storage Buildings, Workshops, Hobby Shops, and other similar non-habitable uses.

1. The total area allowed on a lot shall be limited to 25% of the living area of principal residence, or as follows, whichever is greater:

Lot Size (gross) Att. Accessory Structure area

< 1 ac 1,000 sf

1 ac - <2 ac 1,500 sf

2 ac - <4 ac 2,000 sf
4 ac or larger 3,000 sf

2. If the portion of the structure in which the attached garage or carport is located is more than one story in height, that portion
not used for the shelter or storage of vehicles shall be designed and used as an integral part of the principal residence or
approved habitable use such as guest living quarters.

3. Additional area may be permitted by issuance of an Administrative Permit with notice provided pursuant to Section7060c.
and findings pursuant to Section 7358, subsections a. 1, 3, 5, and 6.

4. For properties on which more than one detached residence is allowed per legal lot pursuant to Section4310 (not including a Second Dwelling Unit pursuant to subsection x.), the total attached garage area, based upon lot size, per a.1 above, shall be allowed for each residence.

   b. Detached Poolhouses, Art or Music Studios, and Recreation Rooms. One detached poolhouse, art or music studio, or recreation room is permitted, provided the structure meets main building setbacks and is not designed for use as a guest living quarters or commercial use, unless permitted by the applicable requirements of the Use Regulations. Only one electric service drop and one electric meter to serve both the main dwelling and structure allowed by this subsection will be permitted. The size of detached Poolhouses, Art or Music Studios, and Recreation Rooms shall be combined with the total allowable square footage of detached private garages and carports, storage buildings, workshops, hobby shops, and other similar non-habitable structures for purposes of size limitations specified in paragraph g below.

   c. Children's Playhouses, Patios, Porches, Gazebos, etc. Structures which are permitted to encroach into required yards per Section

   4835 are limited to 12 feet in height.

   d. Radio and Television Receiving Antennas, Dish Antennas.

   e. Greenhouse. In the RR, A70 and A72, and S92 Use Regulations a greenhouse is allowed. In all other Residential Use Regulations, and the S88 Use Regulations where residential uses occur, a greenhouse is limited to 500 square feet unless an Administrative Permit is approved to increase the size. A greenhouse proposed in the S88 Use Regulations shall conform to the requirements of any applicable Specific Plan. A greenhouse in any of the Use Regulations listed above shall comply with the applicable setback and Building Code requirements. The building official shall determine if a building permit is required for a greenhouse.

   f. Silos, Windmills and Tank Houses.

   g. Detached Private Garages and Carports, Storage Buildings, Workshops, Hobby Shops, Barns, Agricultural Buildings and other similar non-habitable uses (non business purposes). Only one electric service drop and one electric meter to serve both the main dwelling and structure allowed by this subsection will be permitted. The combined area of all such structures, together with the structures authorized by subsection b above, shall be limited as follows:

   1. The total area of all detached accessory structures shall be limited to 25% of the living area of the principal residence, or as follows, whichever is greater:

Lot Size (gross) Det. Accessory Structures in all Res, Ag & S92 Zones (formerly 6156.g and 6156.h)

Lot Size (gross) Det. Accessory Structures in all Res, Ag & S92 Zones (formerly 6156.g and 6156.h)

1,450 sf

< 1/2 ac (only in zones subject to a Residential Use Regulation and in the S88 Use Regulations where residential uses occur) < 1 ac 2,000 sf 1 ac - <2 ac 3,000 sf 2 ac - <4 ac 4,000 sf 4 ac - <8 ac 5,600 sf 8 ac - <12 ac 6,400 sf 12 ac - <16 ac 7,200 sf 16 ac or more 8,000 sf

(Note that detached accessory structures are subject to setbacks specified in Section4842. Buildings not meeting the setback requirement of Section 4842 are limited to a combined area of 1000 square feet). Buildings proposed in the S88 Use Regulations shall conform to the requirements of any applicable Specific Plan.

2. Limited to one story not to exceed 12 feet maximum height. May have 2 stories and a height not exceeding 24 feet if the accessory structure meets the main building setbacks. If the structure is more than one story in height, that portion not used for the shelter or storage of vehicles shall be designed and used as habitable space defined by Section 6156.b or other approved use such as a guest living quarters. However, a one story accessory structure designed to store a recreational vehicle (RV) may exceed 12 feet in height, not exceeding 16 feet, if the accessory structure meets the main building setbacks.

3. Additional height may be permitted if in compliance with height/story limit specified by the applicable height/story designator, and additional area may be permitted by issuance of an administrative permit.

4. For properties on which more than one detached residence is allowed per legal lot pursuant to Section4310 (not including an Accessory Dwelling pursuant to subsection x.), the total attached garage area, based upon lot size, per a.1 above, shall be allowed for each residence.

h. Barns and Agricultural Storage Buildings: see 6156.g.

i. Offices. Offices are permitted only in zones subject to the A70, A72, S90, and S92 Use Regulations.

j. Coops and Aviaries. Any enclosure or structure where poultry or birds are kept outside a dwelling, subject to the limitations of Section 3100. Coops and aviaries shall meet the setbacks for Animal Enclosures pursuant to Section3112 and shall be included in the total square footage allowed pursuant to subsection h.

k. Guest Living Quarters. In the A70, A72, RR, RS, RV, RU, RRO, S88, S90 and S92 Use Regulations, one guest living quarters is allowed on a legal lot. Guest living quarters are not permitting in other zones. Guest living quarters shall comply with all of the following requirements:

(i). The total floor area of a guest living quarters shall not exceed thirty percent (30%) of the square footage of the primary dwelling up to

a maximum of 600 square feet. Additional area, up to 50% of the square footage of the primary dwelling, may be permitted with the approval of an Administrative Permit.

(ii). Only one electric meter to serve both the main dwelling and guest living quarters will be allowed.

(iii). Guest living quarters shall not be allowed on a lot or parcel having an accessory dwelling unit, junior accessory dwelling unit,

accessory apartment or accessory living quarters. Conversion of such a unit into guest living quarters is allowed provided all zoning and structural requirements are met. If said accessory unit was permitted by a discretionary permit, said permit shall be modified as required by the appropriate section of the Zoning Ordinance.

See subsection ii. for an illustrative matrix comparing Accessory Dwelling Units and Guest Living Quarters.

l. Accessory Living Quarters. Repealed.

m. Home Occupations. Home occupations, including in-home offices, shall be permitted in compliance with the following conditions:

1. There shall be no exterior evidence of the conduct of a home occupation.

2. A home occupation shall be conducted entirely within a dwelling, or an attached garage. However, a Cottage Foods Operation, as defined by Health and Safety Code Section 113758, shall be conducted only within a dwelling that contains the dwelling’s kitchen and shall not be allowed in a garage or other accessory building.

3. Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited.

4. The residents of the dwelling unit, and no more than one non-resident employee, may be engaged in the home occupation.

5. Limited indoor storage of goods or supplies (125 cubic feet maximum) may take place within no more than one room of the dwelling and/or in the attached garage (provided required parking on-site is maintained and properly located).

6. There shall be no on-premise sale of goods except as allowed for a Cottage Food Operation by Health and Safety Code Section 114365 and with a valid County of San Diego Cottage Food permit from Department of Environmental Health. Occasional transport of goods from the premises for off-site sale may occur. Internet sales are not considered on-premise sale of goods.

7. The establishment and conduct of a home occupation shall not change the principal character or use of the dwelling unit or property involved.

8. There shall be no signs identifying or advertising the home occupation other than those permitted by Section6252(d) of this ordinance. 9. The required residential off-street parking shall be maintained. 10. A home occupation shall not create vehicular or pedestrian traffic in excess of that which is normal for the zone in which it is located. 11. No more than six non-resident students at one time, and no more than 18 students during any one (1) day may be given tutoring in music, academics, dance, sports (such as swimming or tennis, not withstanding subsection 1 and 2 above), or other subjects at a residence. No students may be given instruction between the hours of 9:00 p.m. and 8:00 a.m. All provisions of Noise Abatement and Control, Section 36.401 et seq. of the County Code, shall apply.

   n. Dog, Cat and Pot-Belly Pig Keeping. The keeping of dogs and cats (but not including kennels) and the keeping of up to two pot- belly pigs, provided that the keeping of more than two pot-belly pigs shall be subject to Section 3100, Large Animal regulations.

   o. Day Care/Boarding. Day care, or boarding for 6 or fewer individuals, provided that no such day care or boarding facility may be owned, operated, managed, or leased by any person, as defined by these regulations, within one mile of any other such facility owned, operated, managed, or leased by the same person.

   p. Family Care Homes. A family care home, provided that no family care home (other than a foster family home or a residential care facility for the elderly as referenced in Section 1520.5(f) of the California Health and Safety Code) may be operated within 300 feet of any other such home, family care institution or group care facility.

   q. Roadside Sales of Agricultural Products. (see Section 6157.a)

   r. Wild Animal Keeping. The keeping of not more than one wild animal kept and maintained in conformance with State and local

   requirements.

   s. Earthworms or Vermiculture. The raising of earthworms or the practice of vermiculture provided that:

   1. No sales are advertised or made on the premises unless permitted by the use regulations.

   2. Odors and/or fly-breeding are not greater than customarily found at a well-maintained residence.

   3. The vermiculture area shall utilize household or garden waste or materials that are produced on the site. Importing of waste or other materials from another property shall be prohibited.

   4. The volume of raw or composted decomposable organic and bedding materials shall not exceed that which is reasonably necessary to the production of the worms raised on the site.

t. Retail Sales of Stable Gear. The retail sale of stable gear, provided that such sales are incidental and subordinate to the use of conforming public stables or equestrian facilities on the premises, and there is no exterior advertising of the accessory use. No such accessory use shall occupy more than 10 percent (10%) or not to exceed 1,000 square feet, whichever is less, of the total floor area of enclosed buildings permitted by right and devoted to such public stable or equestrian facility. Where such public stables or equestrian facilities are permitted by use permit, the total floor area of the accessory use shall be regulated by such permit.

u. Farm Employee Housing. (See 6157.f)

v. Horticultural Sales. (see also 6157.a) In all residential and S88 Use Regulations, the retail sale of horticultural and floricultural products and their related gardening items in conjunction with and upon the premises of a growing nursery is permitted upon issuance of a Minor Use Permit.

w. Accessory Apartments (Elderly/Handicapped/Family Member). Repealed.

x. Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU).

An ADU means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. Any structure designed for human habitation that is divided into two or more independent and attached living units on a single lot is considered a multifamily complex (such as duplex, triplex, stacked dwellings, etc.), for the purposes of this section. For the purpose of calculating allowable density under the General Plan, an ADU is not counted toward the density of a lot. ADUs are classified as accessory use.

A JADU means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. Additions and enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence, for purposes of this section. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure. For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit from the primary unit. No separate electric meter will be permitted for JADUs.

A. ADU Permit Approval. Approval of ADUs shall be subject to the following criteria:

1. For an ADU proposed in conjunction with a proposed or existing primary residence, the ADU is either attached to an existing primary residence or detached and on the same legal lot.

2. ADU may be rented but is not intended for sale separate from the primary residence, unless the lot is subdivided in conformance with qualifications for the ministerial approval of a two-lot subdivision creating a separate lot for each dwelling, or condominiums are created in conformance with requirements outlined under Section 6156.x.D. of the County’s Zoning Ordinance pertaining to the sale of ADUs, or the conditions pertaining to Nonprofits and tenancy in common agreements established under Section 66341 of the California Government Code are met. 3. The ADU shall not be rented for a term of less than 31 days. 4. The total floor area of an attached ADU shall not exceed 50% of the floor area of the primary residence, up to a maximum floor area of 1,200 square feet. The 50% square foot limitation is not applicable for attached ADUs up to 850 square feet or up to 1,000 square feet if it has more than one bedroom. 5. The total floor area of a detached ADU shall not exceed 1,200 square feet, independent of the square footage of the existing primary residence. 6. Applicants must provide mathematical computations of the "floor area" for both units on the plot plans, and these calculations must be taken from the exterior dimensions of the outside walls. 7. Total floor area of a proposed accessory structure attached to a detached ADU shall not exceed the allowable combined square footages per Section 6156.g of the Zoning Ordinance, or unless authorized by an approved Administrative Permit. 8. Any proposed accessory structure, attached to an ADU, exceeding 1,000 sq. ft. (combined with all other accessory structure per Section 6156.g) and/or more than 12’ in height, are subject to the main building setbacks and height regulations of the Zoning Ordinance. 9. An attached or detached patio, deck, and/or balcony is subject to Section 4835 of the Zoning Ordinance. 10. A detached ADU is limited to 25’ in height. 11. An existing and permitted accessory structure may be converted into an ADU. Such a conversion is not subject to any size requirements if it does not expand beyond the existing envelope of the permitted accessory structure. 12. An ADU may be attached to an existing and permitted, or proposed recreation room, if there is a defined fire and sound separation wall or floor between the ADU and recreation room. Any openings (doors, windows, or penetrations) are required to be fire rated. 13. No setbacks are required if an existing and permitted accessory structure, or a portion thereof is being converted into an ADU, except for fire safety, private wells, and installed septic systems.

3. A minimum setback of at least 4’ from the side and rear lot lines is required for an ADU that is being constructed above a permitted detached accessory structure. If corner lot, the exterior side yard setback must be at least 4’ from the edge of easement/street/and/or property line. The setbacks only apply to the added space above the accessory structure and the ADU can be constructed wholly or partly above the accessory structure, including extending beyond the accessory structure walls. 15. All newly constructed detached and/or attached ADU’s must comply with the required front yard setbacks and a minimum side and rear setback of at least 4’.

4. If corner lot, the exterior side yard setback must be at least 4’ from the edge of easement, street, and property line.

   17. A detached and/or attached ADU may encroach into the required front yard setbacks if it would otherwise prevent the construction of an ADU that is 800 sq. ft. or smaller.

   18. If the ADU is in the front yard setbacks, it cannot block the driveway, or access of the two required off-street parking spaces for the existing primary residence, unless two replacement off-street parking spaces have been provided.

   19. An accessory structure, or patio attached to an ADU must comply with the required exterior side yard setbacks.

   20. An ADU shall provide one parking space. The parking space may be located within the setbacks and in an existing driveway as tandem parking. Parking spaces don’t need to be replaced when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted into an ADU.

   21. A parking space is not required for the ADU in any of the following instances:

       a. The ADU is located within one-half mile of public transit.

       b. The ADU is located within an architecturally and historically significant historic district.

       c. ADUs that are part of the proposed or existing primary residence or an accessory structure.

       d. When on-street parking permits are required but not offered to the occupant of the ADU.

       e. When there is a car share vehicle located within one block of the ADU.

       f. When a permit application for an ADU is submitted with a permit application to create a new single-family

       dwelling or a new multifamily dwelling on the same lot, provided that the ADU or the parcel satisfies any other criteria listed in this subdivision

   22. Multiple detached single-family residences on the same lot are not considered a multifamily complex but the lot may qualify for one detached ADU, one ADU within the proposed space of a single-family dwelling or existing space of a single -family dwelling or accessory structure, and one JADU.

5. Properties that have an existing non-conforming primary residence and are in a zone that does not allow for a primary residence may qualify for one detached ADU, one ADU within the proposed space of a single-family dwelling or existing space of a single -family dwelling or accessory structure, and one JADU.

   24. A permit for an unpermitted ADU or unpermitted JADU constructed before January 1, 2020, shall not be denied due to violation of building standards or noncompliance with this section, unless correction of the violation is necessary to comply with Onsite Wastewater Treatment System (OWTS) standards specified in Section 68.301 et seq of the San Diego County Code of Regulatory Ordinances and/or Health and Safety Code standards specified in Health and Safety Code section 17920.3, or the building has been deemed substandard.

   25. A homeowner applying for a permit for a previously unpermitted ADU or JADU constructed before January 1, 2020, shall not be required to pay impact fees or connection or capacity charges except when utility infrastructure is required to comply with all applicable Health and Safety Code requirements. Necessary permits to correct noncompliance with health and safety standards shall be approved without penalty by the Planning and Development Services Department.

B. Ministerial ADU and JADU Permit Approval. Ministerial approval of qualifying ADUs and JADUs, within a residential or mixed-use zone, shall be subject to the following criteria, in accordance with California Law Government Code Section 66323 as detailed in this subsection:

1. Any of the following categories may be created, as allowed by the site and lot conditions, and may be combined. As such, a single-family lot may have at least one ADU constructed from existing space, one JADU, and one newly constructed detached ADU; or a multifamily lot may have at least one ADU constructed from existing non-livable space and up to 8 detached:

   a. Single-Family Converted ADUs and JADUs: One ADU and/or one JADU per lot with a proposed or existing single-family dwelling if all of the following apply:

   i. The ADU and/or JADU is within the proposed space of a single-family dwelling or existing space of a

   single -family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing dwelling or accessory structure. An expansion

   beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.

   ii. The space has exterior access from the proposed or existing single-family dwelling.

   iii. The side and rear setbacks are sufficient for fire and safety.

   iv. The JADU complies with the requirements set forth in this section.

b. Single-Family Detached ADUs: One detached, new construction, ADU, (which may be combined with a JADU), that does not encroach into the four-foot side and rear yard setbacks for a lot with a proposed or existing single- family dwelling with the following conditions:

i. The total floor area of a detached ADU approved under this subsection shall not exceed 800 square feet.

ii. The height of detached ADU approved under this subsection shall not exceed 18 feet.

c. Multifamily Converted ADUs: At least one ADU and not more than 25 percent of the existing number of multifamily dwelling units within an existing multifamily dwelling with the following conditions:

i. The ADU(s) are within the portions of an existing multifamily dwelling structure that are not used as

livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.

d. Multifamily Detached ADUs with Existing Multifamily Dwelling: At least one and not more than eight detached ADU(s) on a lot with an existing multifamily dwelling if the total number of detached ADUs do not to exceed the total number of existing units with the following conditions:

i. The height of detached ADU(s) approved under this subsection shall not exceed 18 feet.

ii. Construction of the ADU(s) does not result in side or rear yard setbacks of less than 4 feet.

iii. If the existing multifamily dwelling has a rear or side setback of less than four feet, any modification of
the existing multifamily dwelling will not be a required condition of approving the application to construct a
qualifying ADU.

e. Multifamily Detached ADUs with Proposed Multifamily Dwelling: At least one and not more than two detached
ADU(s) on a lot with a proposed multifamily dwelling with the following conditions:

i. The height of detached ADU(s) approved under this subsection shall not exceed 25 feet.

ii. Construction of the ADU(s) does not result in side or rear yard setbacks of less than 4 feet.

2. Ministerial approval of any ADU will be subject to the following conditions:

   a. No additional development standards such as maximum square footage, height, lot coverage, and setbacks are required if an existing and permitted detached or attached accessory structure is being converted into an ADU. Any new addition to the ADU must comply with the setbacks and height regulations outlined by this ordinance.

   b. The installation of fire sprinklers shall not be required in an ADU if sprinklers are not required for the primary residence. The construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling.

c. Any ADU approved in accordance with this subsection shall not be rented for a term of less than 31 days.

d. ADUs on any parcel that utilizes an onsite wastewater treatment system (OWTS) and/or water well must comply with requirements established by the County of San Diego Department of Environmental Health and Quality (DEHQ). An ADU that needs to connect to an OWTS will not be approved under this subsection unless approval has been granted by the DEHQ indicating that the OWTS for both the existing residence and proposed ADU meet all current local and State requirements for an OWTS. If the existing OWTS is not adequate for the project, then the OWTS may be upgraded and/or the number of bedrooms may be reduced to meet the wastewater demands of the property.

e. The correction of existing nonconforming zoning conditions is not a condition for ministerial approval of a permit application for the creation of an ADU or JADU.

3. Ministerial approval of any JADU will be subject to the following conditions:

   a. A deed restriction shall be recorded with the County Recorder's office, which shall include the pertinent restrictions and limitations of a JADU unit identified in this Section.

   i. The JADU shall not be sold separately from the primary residence;

   ii. The JADU is restricted to the maximum size allowed per the development standards;

   iii. The JADU shall be considered legal only so long as either the primary residence, or the ADU, is

   occupied by the owner of record of the property, except when the home is owned by an agency such as a land trust or housing organization in an effort to create affordable housing;

   iv. The restrictions shall be binding upon any successor in ownership of the property and lack of

   compliance with this provision may result in legal action against the property owner, including revocation of any right to maintain a JADU on the property.

   b. The JADU must be completely contained within an existing or proposed primary residence and its enclosed spaces which may include an attached garage.

   c. An entrance to the JADU that is separate from the main entrance to the primary residence is required.

   d. The JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.

   e. In instances where the JADU shares a bathroom with the primary residence, interior entry to the primary residence is required.

   f. The JADU shall include an efficiency kitchen, which shall include all the following:

   i. A cooking facility with appliances.

   ii. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the

   junior accessory dwelling unit

   g. If a JADU is to be attached to an ADU, ministerial review is unavailable.

h. When an existing garage, carport, or covered parking space is being demolished in conjunction with the construction of a JADU or converted into a JADU, any required off-street parking spaces for the lot must be replaced.

i. No additional parking space is required for a JADU.

j. JADUs, and/or additions for JADUs must comply with main building setbacks, including JADU additions for non-

conforming primary residences. Please see Section 6886 of the Zoning Ordinance for setback information on non-

conforming single-family dwellings.

k. The JADU shall not be rented for a term of less than 31 days, and is not intended for sale separate from the primary residence. Compliance with the owner-occupancy requirements of the deed restriction is required.

C. Sale of ADUs for or by a Nonprofit. Sale or conveyance of ADUs separate from the primary residence to a qualified buyer of low or moderate income, in accordance with California Law Government Code Sections 66340 and 66341, shall be allowed if all of the following apply:

1. The accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation.

2. There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.

3. The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:

   a. The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling that each qualified buyer occupies.

   b. A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the

ADU or primary dwelling if the buyer desires to sell or convey the property.

c. A requirement that the qualified buyer occupy the ADU or primary dwelling as the buyer’s principal residence.

d. Affordability restrictions on the sale and conveyance of the ADU or primary dwelling that ensure the ADU and primary dwelling will be preserved for low-income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified buyer.

e. The tenancy in common agreement shall also include all of the following:

i. Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall

agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant, provided that the latter cotenant’s obligations to each of the other cotenants have been satisfied.

ii. Delineation of each cotenant’s responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the property. This delineation shall only be binding on the parties to the agreement and their successors, and shall not supersede or obviate the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise established by law or by agreement with a third party.

iii. Procedures for dispute resolution among the parties before resorting to legal action.

4. A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in
the County. A Preliminary Change of Ownership Report shall be filed concurrently with this grant deed pursuant to Section
480.3 of the Revenue and Taxation Code.

5. If requested by a utility providing service to the primary residence, the ADU has a separate water, sewer, or electrical
connection to that utility.

D. ADUs Sold as Condominiums. Separate sale or conveyance of ADU(s) and the primary residence as condominiums shall be allowed if all of the following apply:

1. The condominiums shall be created pursuant to the Davis-Stirling Common Interest Development Act (Part 5 [commencing with Section 4000] of Division 4 of the Civil Code).

2. The condominiums shall be created in conformance with all applicable objective requirements of the Subdivision Map Act (Division 2 [commencing with Section 66410]), the County Code of Regulatory Ordinances related to the subdivision of land, and the County zoning ordinance Section 6156.x.

3. Before recordation of the subdivision map or condominium plan, the property owner or applicant shall submit to Planning and Development Services proof that final inspection of the ADU was conducted as evidenced either through a certificate of occupancy from the County or a housing quality standards report from a building inspector certified by the United States Department of Housing and Urban Development.

4. Lienholder Consent.

   (1) Neither a subdivision map nor a condominium plan shall be recorded with the County Recorder without each

   lienholder’s consent. The following shall apply to the consent of a lienholder:

   a. A lienholder may refuse to give consent.

   b. A lienholder may consent provided that any terms and conditions required by the lienholder are satisfied.

   (2) Prior to recordation of the initial or any subsequent modifications to the condominium plan, written evidence of

   the lienholder’s consent shall be provided to the County Recorder along with a signed statement from each lienholder that states as follows:

“(Name of lienholder) hereby consents to the recording of this condominium plan in their sole and absolute discretion and the borrower has or will satisfy any additional terms and conditions the lienholder may have.”

(3) The lienholder’s consent shall be included on the condominium plan or a separate form attached to the

condominium plan that includes the following information:

i. The lienholder’s signature.

ii. The name of the record owner or ground lessee.

iii. The legal description of the real property.

iv. The identities of all parties with an interest in the real property as reflected in the real property records.

v. The lienholder’s consent shall be recorded in the office of the County Recorder.

5. The County shall include the following notice to consumers on any ADU or JADU submittal checklist or public information issued describing requirements and permitting for ADUs, including as standard condition of any ADU building permit or condominium plan approval:

   “NOTICE: If you are considering establishing your primary dwelling unit and accessory dwelling unit as a condominium, please ensure that your building permitting agency allows this practice. If you decide to establish your primary dwelling unit and accessory dwelling unit as a condominium, your condominium plan or any future modifications to the condominium plan must be recorded with the County Recorder. Prior to recordation or modification of your subdivision map and condominium plan, any lienholder with a lien on your title must provide a form of written consent either on the condominium plan, or on the lienholder’s consent form attached to the condominium plan, with text that clearly states that the lender approves recordation of the condominium plan and that you have satisfied their terms and conditions, if any.

In order to secure lender consent, you may be required to follow additional lender requirements, which may include, but are not limited to, one or more of the following:

i. Paying off your current lender.

You may pay off your mortgage and any liens through a refinance or a new loan. Be aware that refinancing or using a new loan may result in changes to your interest rate or tax basis. Also, be aware that any subsequent modification to your subdivision map or condominium plan must also be consented to by your lender, which consent may be denied.

ii. Securing your lender’s approval of a modification to their loan collateral due to the change of your current

property legal description into one or more condominium parcels.

iii. Securing your lender’s consent to the details of any construction loan or ground lease.

This may include a copy of the improvement contract entered in good faith with a licensed contractor, evidence that the record owner or ground lessee has the funds to complete the work, and a signed statement made by the record owner or ground lessor that the information in the consent above is true and correct.”

6. Notification to Utility Providers. Applicants seeking to file a parcel map or final map for the creation of a condominium must notify providers of utilities, including water, sewer, gas, and electricity, of the condominium creation and separate conveyance.

7. Septic System and Water Well Requirements. Prior to approval by Planning and Development Services for the creation of a condominium, for any parcel that utilizes a water well and/or an onsite wastewater treatment system (OWTS) —including those proposing to allow for the separate sale of an ADU—applicants must obtain approval from the County of San Diego Department of Environmental Health and Quality (DEHQ) and meet the standards set forth by Health and Safety Code, County Code of Regulatory Ordinances, and the San Diego Regional Water Quality Control Board.

8. Fire Safety Requirements.

   (1) Before a condo map establishing an ADU as a condominium under this section may be recorded, the applicant must provide documentation of concurrence from the associated local fire district agency. The associated local fire district agency may require a secondary access if the ADU is located on a road that exceeds the maximum dead- end fire apparatus road length at the agency's discretion.

   (2) Setbacks in High Fire Risk Areas may be expanded to between 30 and 100 feet from any wildland urban interface (WUI) boundary, at the discretion of the local fire district agency.

   (3) Any easements that are in place must be designated as shared space identified on the condominium map and not assigned to any single unit. Access to any condo through any easement must remain unobstructed and maintained by the HOA.

9. Written Authorization for ADUs in Planned Developments.

   (1) The owner of a property or a separate interest within an existing planned development that has an existing association, as defined in Section 4080 of the Civil Code, shall not record a condominium plan to create a common interest development under Section 4100 of the Civil Code without the express written authorization by the existing association.

   (2) For purposes of this subdivision, written authorization by the existing association means approval by the board at a duly noticed board meeting, as defined in Section 4090 of the Civil Code, and if needed pursuant to the existing association’s governing documents, membership approval of the existing association.

10. Right of First Refusal. Each condominium owner must establish a Right of First Refusal (ROFR) contract with an active rent paying tenant or a condominium owner on the same lot, to be effective only while the affiliated occupancy or ownership on the lot is active, and to be reestablished with another occupant or owner if the original ROFR holder is no longer applicable. Before a condominium owner accepts a purchase offer, written notice of the offer must be provided to the ROFR holder, who shall have 30 days in which to execute a sales agreement which matches the original offer.

11. Owner Occupancy Statement. Each new buyer of an ADU condominium must sign an affidavit stating that either they themselves or a family member will occupy the unit as their primary residence for at least 1 year from the purchase

date.

12. Required Public Posting Period. Each new time an ADU condominium is listed for sale, the owner shall offer the

ADU through at least two publicly accessible real estate websites or databases that source listings directly from the MLS (Multiple Listing Service), for a minimum period of 30 days, with a disclosure stating that the ADU is being offered for at least 30 days to buyers intending to use the ADU as a primary residence for themselves or a family member. At the Director's discretion, this requirement may be waived based on a written statement from the seller explaining why the posting period represents an undue burden to the seller's marketing practices which adequately prioritize owner occupant buyers.

y. Family Day Care Home For Children, Large (9 to 14 children). A large family day care home for children is a permitted accessory use upon issuance of an Administrative Permit provided the following conditions are complied with:

1. No such large family day care home for children may be located closer than 500 feet from any other lot containing a large family day care home for children with an Administrative Permit approved by the County of San Diego. The 500-foot distance shall be measured in a straight line connecting the closest points on the lot lines and without regard for intervening structures.

2. The plot plan for a family day care home for children shall show sufficient information to determine the following:

   i. At least one on-site parking space will be available for any assistant provider or caregiver not a resident of the subject

   family day care home.

ii. Adequate provision will be made to reduce noise impacts on surrounding properties through measures or a combination of measures such as solid fencing six feet in height with or without landscaping around outside activity areas or location of an adequately sized outside activity area a suitable distance away from adjacent dwellings. Adequacy of outside activity areas shall be determined by considering the size of the area provided outside of the required sideyard setbacks and by considering the distance to noise sensitive receptors.

iii. There exists an adequate area on-site for temporary parking of a least two automobiles where children may be safely

loaded and unloaded, or such area will be provided. This designated loading and unloading area shall remain free and clear of parked cars during hours of operation of the large family day care home.

iv. The large family day care home meets the standards and requirements established by the State Fire Marshall as

enforced by the local fire authority having jurisdiction over the home.

3. Notice shall be provided pursuant to Section 7060 c. Notwithstanding the Administrative Permit Procedures at Section 7060.d, no hearing is required unless requested by the applicant or other affected person.

The applicant or other affected person may appeal the decision as provided by the Administrative Appeal Procedure commencing at Section 7200. The appellant shall pay the cost, if any, of the appeal.

4. Every Administrative Permit approved pursuant to this section shall contain a condition that no sound amplification device be permitted in outdoor activity areas.

5. For large family day care homes served by on-site wastewater systems the Director of Environmental Health shall certify the adequacy of the on-site wastewater system for the proposed use.

6. No Administrative Permit shall be required for a large family day care home which qualifies for exemption under Section 1596.792 of the State Health and Safety Code.

z. Small Wind Turbine. A small wind turbine shall be allowed in accordance with the Renewable Energy Regulations commencing at Section 6951.

aa. Bed and Breakfast Home. A bed and breakfast home is a permitted accessory use upon issuance of a Minor Use Permit provided the following conditions are complied with:

1. Located in a zone subject to the RR, A70, A72, S90 or S92 use regulations, or in a designated Historic District, or conducted within a structure which was constructed prior to 1936.

2. A maximum of five bedrooms shall be made available for rent. A bed and breakfast home having more than five bedrooms available for rent may be approved if the home is designated a Historic Landmark in accordance with the Historic Landmark Designation procedure commencing at Section 7550. 3. No bed and breakfast home shall be located on a lot closer than 500 feet from any other lot containing a bed and breakfast home. The 500 foot distance shall be measured in a straight line connecting the closest points on the lot lines and without regard for intervening structures. 4. The owner or lessee of the property shall operate the facility and reside in the home or other legal residence on the property. If the owner or lessee resides in a residence separate from the facility, instructions on how to contact the owner/lessee after hours for emergencies shall be posted in each room. 5. One off-street parking space for each room rented and each employee shall be provided in addition to the parking required for single-family occupancy. 6. Service shall be limited to the rental of rooms and the provision of breakfast for overnight guests. No food preparation or cooking for guests shall be conducted within any bedroom made available for rent. 7. Signs shall be limited to one on-premise sign not to exceed two square feet. 8. An adequate water well and sewage disposal system are available, satisfactory to the County Department of Environmental Health for use by the proposed Bed and Breakfast establishment, or letters from the appropriate water and sewer agencies indicating there is sufficient water supply and sewage treatment capacity for the proposed use are submitted by the applicant. 9. The primary access to the Bed and Breakfast establishment shall be via a publicly maintained road.

   bb. Host Home. A host home is a permitted accessory use upon issuance of an Administrative Permit.

3. Criteria. An application for a host home permit shall meet all of the following criteria:

   a) A maximum of two bedrooms may be made available for rent.

   b) The owner or lessee of the property shall operate the facility and reside in the home or other legal residence on the property. If the owner or lessee resides in a residence separate from the facility, instructions on how to contact the owner/lessee after hours for emergencies shall be posted in each room.

   c) One off-street parking space for each room rented shall be provided in addition to the parking required for single-

   family occupancy.

   d) Service shall be limited to the rental of rooms and the provision of breakfast for overnight guests. No food preparation or cooking for guests shall be conducted within any bedroom made available for rent.

e) Signs shall be limited to one on-premise sign not to exceed two square feet.

f) An adequate water well and sewage disposal system satisfactory to the County Department of Environmental Health

shall be available, or letters from the appropriate water and sewer agencies indicating there is sufficient water supply and

sewage treatment capacity for the proposed use shall be submitted by the applicant.

g) The primary access to the host home shall be via a publicly maintained road.

2. Affidavit Required. On a form provided by the Director, the owner shall file an affidavit agreeing to the conditions a. through g. above. The affidavit shall include provisions stating that 1) the owner consents to inspection of the premises by the Code

Enforcement Officer in order to verify compliance with said conditions, and 2) that the owner shall furnish a new affidavit to said Enforcement Officer upon request.

3. Notice Required. Notice shall be provided pursuant to Section7060 c.

4. Findings Required. The Director may grant the Administrative Permit if the above criteria are complied with, and a finding is

made that establishment of the host home will not adversely affect or be materially detrimental to existing neighborhood character, with consideration given to the generation of traffic and the suitability of the site for the type and intensity of the proposed use.

cc. Family Day Care Home For Children, Small (8 or fewer children) is a permitted residential use when located in a single-family residence.

dd. Poultry Manure Management. (see Section 6157.g)

ee. Water Vending By Machine. In the Agricultural and Special Purpose zones, except those areas subject to the S80 Open Space and S81 Ecological Resource Area use regulations, the sale of water from coin or otherwise automatic vending machines shall be allowed, provided the volume does not exceed 5,000 gallons per any consecutive seven day period.

ff. Recycling Collection Facility, Drop-off: Provided the total capacity of collection receptacle(s) shall not exceed 192 cubic feet per

legal parcel.

gg. Garage Sale. The sale of household articles or personal possessions incidentally accumulated during normal or conforming residential use of the property on which the sale is held is permitted, subject to the following restrictions:

1. Such sales shall not exceed three (3) consecutive days in duration;

2. No more than four (4) such sales shall be held during any calendar year;

3. No sale of vehicles (other than bicycles), industrial or commercial equipment, or items purchased for resale shall be permitted;

4. The sale of personal items belonging to persons not residing on the property where the sale takes place, e.g., neighbors, is permitted.

hh. Agricultural Homestay. (See 6157.c)

ii. The following matrix compares Guest Living Quarters and Accessory Dwelling Unit provisions. Complete regulations can be found in subsections k. and x.

Accessory Use Regulations

This Table is a summary only. For complete regulations see appropriate sections of the Zoning
Ordinance. In case of conflict between the provisions graphically represented in this table and the Guest Living Quarters Accessory Dwelling Unit

provisions set forth in the text of the Zoning Ordinance, the provisions of the Zoning Ordinance text shall (6156.k.) (6156.x.) apply.

This Table is a summary only. For complete regulations see appropriate sections of the Zoning
Ordinance. In case of conflict between the provisions graphically represented in this table and the Guest Living Quarters Accessory Dwelling Unit

provisions set forth in the text of the Zoning Ordinance, the provisions of the Zoning Ordinance text shall (6156.k.) (6156.x.) apply.

LOCATION AND SIZE

Applicable Use Types Residential · ·

Commercial - -

Industrial - -

Agriculture · ·

Special Purpose · ·

Net Lot Size Restrictions 1 Must meet minimum required by zoning - ·

Must be 20,000 sf or larger · ·

Administrative Permit Exceptions

May be less than 20,000 sf · -
Minimum zoning not met 2 but 1 acre or larger - -

Unit Size Restrictions Must be equal or greater than 400 sf 3 - ·

May not exceed 30% of primary dwelling 3 · -

May not exceed 600 sf 3 · -

May not exceed 1,200 sf 3 - ·

Administrative Permit Exceptions

Up to 50% of primary dwelling allowed · -

May not exceed 1,200 sf - -

DESIGN AND USE

Allowed Facilities Kitchen - ·

Wetbar - ·

Laundry - ·

Occupancy Employee · ·

Guests up to 30 days · ·

Guest more than 30 days - ·

Rental - ·

Attachment to Other Structures Primary Dwelling · ·

Detached garage/carport 480 sf or less · ·

Detached garage/carport greater than 480 sf · -

Other habitable space · -

Barn/agricultural storage building · -

Administrative Permit Exceptions

Detached garage/carport greater than 480 sf · -

Barn/agricultural storage building - -

Electric Metering Separate Meter Allowed - ·

PARKING

Off-Street Parking Requirements 4 1 space per bedroom or unit - ·

2 spaces for units equal or greater than 640 sf - -

· Applicable

• Not Applicable

Footnotes:

1. If lot is Groundwater dependent, the lot must be twice the minimum size required per Groundwater Ordinance Section 67.722 A.1.

2. Lot must have met the minimum net area required by zoning at the time the lot was legally created, pursuant to Policy G-3.

3. Ministerially approved, provided all criteria of PDS (including Zoning/Building/Fire) and other County Departments are met.

4. Required spaces may not be in tandem with required spaces for primary dwelling. May not encroach into front or exterior side setbacks.

   jj. Meetings or Gatherings. The temporary gathering of individuals on private property for a non-commercial event which may involve

   eating, drinking, studying, or other similar activities, is allowed in compliance with the following provisions:

   a. Use of the Property. The primary use of the property must be residential.

   b. Parking. All vehicles belonging to individuals attending the meeting or gathering shall be parked in compliance with all applicable laws and shall not impede the flow of traffic to and from the subject property or any other properties in the vicinity.

   c. Nuisance. The gathering shall not create a public nuisance to surrounding properties, including noise, vibration, traffic or other disturbance. This section can be enforced pursuant to Section 16.205 of County Code of Regulatory Ordinances.

   kk. Agricultural Tourism. (see Section 6157.b)

zz. Other Necessary and Customary Uses. Accessory uses and structures, in addition to those identified above, which are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to principal use, as determined by the Director.

aaa. Organic Materials Processing. Organic materials processing shall be allowed in accordance with Section6977 of the Zoning Ordinance.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 5786 (N.S.) adopted 6-4-80)

(Amended by Ord. No. 5912 (N.S.) adopted 10-22-80)

(Added by Ord. No. 5935 (N.S.) adopted 11-19-80)

(Amended by Ord. No. 5676 (N.S.) adopted 12-19-80)

(Amended by Ord. No. 6134 (N.S.) adopted 7-22-81)

(Amended by Ord. No. 6151 (N.S.) adopted & effective 8-25-81 - Urgency Ordinance)

(Amended by Ord. No. 6188 (N.S.) adopted 11-18-81)

(Amended by Ord. No. 6268 (N.S.) adopted 4-14-82)

(Amended by Ord. No. 6284 (N.S.) adopted 5-5-82)

(Amended by Ord. No. 6543 (N.S.) adopted 3-2-83)

(Amended by Ord. No. 6586 (N.S.) adopted 5-18-83)

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83)

(Amended by Ord. No. 6761 (N.S.) adopted 4-25-84)

(Amended by Ord. No. 6782 (N.S.) adopted 5-16-84)

(Amended by Ord. No. 6855 (N.S.) adopted 10-10-84)

(Amended by Ord. No. 6857 (N.S.) adopted 10-10-84. Opr. 1-1-85)

(Amended by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Amended by Ord. No. 6983 (N.S.) adopted 7-03-85)

(Amended by Ord. No. 7048 (N.S.) adopted 10-09-85)

(Amended by Ord. No. 7110 (N.S.) adopted 4-02-86)

(Amended by Ord. No. 7117 (N.S.) adopted 4-23-86)

(Amended by Ord. No. 7160 (N.S.) adopted 6-18-86)

(Amended by Ord. No. 7220 (N.S.) adopted 10-22-86)

(Amended by Ord. No. 7306 (N.S.) adopted 5-20-87)

(Amended by Ord. No. 7363 (N.S.) adopted 8-19-87)

(Amended by Ord. No. 7432 (N.S.) adopted 1-06-88)

(Amended by Ord. No. 7515 (N.S.) adopted 7-13-88)

(Amended by Ord. No. 7576 (N.S.) adopted 1-11-89)

(Amended by Ord. No. 7740 (N.S.) adopted 3-28-90)

(Amended by Ord. No. 7743 (N.S.) adopted 3-28-90)

(Amended by Ord. No. 7768 (N.S.) adopted 6-13-90)

(Amended by Ord. No. 7790 (N.S.) adopted 08-01-90. This ordinance will expire on August 31, 1993, unless extended in connection with GPA 93-02)

(Amended by Ord. No. 7817 (N.S.) adopted 9-26-90)

(Amended by Ord. No. 8050 (N.S.) adopted 4-8-92)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

(Amended by Ord. No. 8086 (N.S.) adopted 6-16-92)

(Amended by Ord. No. 8166 (N.S.) adopted 10-21-92)

(Amended by Ord. No. 8271 (N.S.) adopted 6-30-93)

(Amended by Ord. No. 8409 (N.S.) adopted 6-1-94)

(Amended by Ord. No. 8502 (N.S.) adopted 3-1-95)

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95)

(Amended by Ord. No. 8599 (N.S.) adopted 10-11-95)

(Amended by Ord. No. 8698 (N.S.) adopted 7-17-96)

(Amended by Ord. No. 8805 (N.S.) adopted 6-4-97)

(Amended by Ord. No. 8897 (N.S.) adopted 3-18-98)

(Amended by Ord. No. 9156 (N.S,) adopted 6-14-00)

(Amended by Ord. No. 9377 (N.S.) adopted 8-8-01)

(Amended by Ord. No. 9470 (N.S.) adopted 6-12-02)

(Amended by Ord. No. 9569 (N.S.) adopted 7-9-03)

(Amended by Ord. No. 9596 (N.S.) adopted 9-17-03)

(Amended by Ord. No. 9690 (N.S.) adopted 12-15-04)

(Amended by Ord. No. 9935 (N.S.) adopted 4-23-08)

(Amended by Ord. No. 9958 (N.S.) adopted 12-10-08)

(Amended by Ord. No. 9982 (N.S.) adopted 4-22-09)

(Amended by Ord. No. 10003 (N.S.) adopted 8-5-09)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

(Amended by Ord. No. 10073 (N.S.) adopted 9-15-10)

(Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

(Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

(Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

(Amended by Ord. No. 10222 (N.S.) adopted 9-25-12. Opr. 11-26-12)

(Amended by Ord. No. 10261 (N.S.) adopted 5-15-13)

(Amended by Ord. No. 10285 (N.S.) adopted 9-11-13)

(Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

(Amended by Ord. No. 10463 (N.S.) adopted 4-14-17)

(Amended by Ord. No. 10592 (N.S.) adopted 2-27-19)

(Amended by Ord. No. 10807 (N.S.) adopted 9-14-22)

(Amended by Ord. No. 10858 (N.S.) adopted 7-19-23)

(Amended by Ord. No. 10986 (N.S.) adopted 3-4-26)

(Amended by Ord. No. 11016 (N.S.) adopted 8-19-26)

6157 COMMERCIAL AGRICULTURE OPERATIONS

Subject to the restrictions and limitations specified, the following accessory buildings and uses shall be permitted in zones where Commercial Agriculture operations are permitted. The Commercial Agriculture use must be the principle use of the property.

a. On-Site Agricultural and/or Horticulture Sales. The on-site agricultural and horticultural sales use type is an accessory use on premises with a principle Commercial Agricultural operation where horticulture, tree crops, row and field crops are produced or animals raised for the production of milk, honey, wool, fleece or fur, and incidental retail or wholesale sales of the products produced on the premises or items related to the products raised are allowed, as specified herein:

1. Roadside Sales of Agricultural Products. Operation of an agricultural stand for the display and sale of agricultural products produced on the premises shall be permitted only as follows:

   a) Agricultural stands are permitted only in the RR Use Regulations on lots one acre or larger, and in the A70, A72, S88,S90 and S92 Use Regulations.

   b) Said stand shall be located no nearer than 15 feet from the edge of any street or highway right-of-way.

   c) Said stand shall be operated by the owner or tenant of the property upon which the stand is located,

   d) Agricultural products produced on other premises owned or leased by the same property owner or tenant may be displayed and sold from said stand.

   e) The total roofed area of said stand, including all areas used for display or storage for all products, shall not exceed

300 square feet.

f) No agricultural produce shall be sold from a motorized vehicle.

g) Cold storage shall be allowed only when accessory to the on-site farming operation and used only for storage of crops grown by the person(s) farming the parcel.

h) Incidental sale of items related to the sale or use of agricultural products (not to exceed 10% of the stand area), including horticultural products, may also take place provided any applicable health regulations are complied with.

i) No commodities other than those listed above may be sold from a produce stand except as allowed by Food and

Agricultural Code section 47050.

j). A produce stand may sell only those ornamental plants that are grown on the same lot as such stand is located.

2. Agricultural Store, Small. Operation of a Small Agricultural Store for the display and sale of horticulture or agriculture products produced on the premises shall be permitted, as follows:

   a) A Small Agricultural Store shall be permitted only in the RR Use Regulations on lots of 2 acres or larger, and in the A70, A72, S88, S90 and S92 Use Regulations. The Agricultural Store provisions shall not be used to increase the size of a production facility, tasting area and/or retail sales area of a Wholesale Limited Winery, Boutique Winery or Small Winery, as limited by Section 6910.

   b) The store shall be incidental to primary agricultural, horticultural or animal husbandry use, as follows:

i. At least 50 percent of the total gross area of the premises shall be suitable and available for agricultural, horticultural, animal husbandry or open space use;

ii. At least 50 percent of the area in a) above (i.e., 25 percent of the total gross area of the premises) shall be in

actual active agricultural, horticultural, or animal husbandry use. For operations with a total area greater than 200 acres, at least 40 acres must be actual active agricultural, horticultural, or animal husbandry use.

c) The store shall be operated by the owner or tenant of the property upon which the store is located. Agricultural products produced on other premises owned or leased by the same property owner or tenant may be displayed and sold.

d) Only one agricultural store shall be permitted per legal lot. A small store shall not be allowed on a lot with an existing Agricultural stand or Large Agricultural Store.

e) Building size: the floor area of the building and all open, roofed areas used for display of products for sale shall not exceed a total of 1,500 square feet. No other structures on the property shall be used for on-site sales. The structure shall conform to all setbacks pursuant to Section 4810. All areas accessed by the public shall be permitted and constructed in compliance with the applicable commercial building code and shall comply with all applicable requirements of the Department of Environmental Health.

f) Retail sales activities including sale of products related to the agricultural products produced, cut flowers, prepackaged

food, bottled or canned beverages, and sundries is allowed only in conjunction with the sale of produce, animal products and/or shell eggs raised on the property. All applicable regulations of the Department of Environmental Health and Department of Agriculture, Weights and Measures shall be met.

g) A retail sales area for items other than the agricultural products raised on the property shall be limited to a maximum of 200 square feet of the building area. This shall include any refrigeration cases for prepared foods,

h) Parking: A minimum of six parking spaces shall be provided for patrons using the Agricultural Store. The on-site parking area used for the Agricultural Store may be surfaced with Chip Seal, gravel, or an alternative surfacing material such as recycled asphalt suitable for lower traffic volumes. Any disabled access parking stalls, access aisles, and accessible routes provided shall be in compliance with California Building Code chapter 11B and shall be stable, firm and slip-resistant

i) Hours of operation: The store is allowed to operate to the public from 10 a.m. until legal sunset seven days a week.

j) Signage: One on-premise sign, not to exceed four square feet, is allowed.

k) Events, such as weddings or concerts, are prohibited. However, on site instruction related to the products produced or raised on the site is allowed.

3. Agricultural Store, Large. Operation of a Large Agricultural Store for the display and sale of products produced on the premises shall be permitted with an Administrative Permit, as follows:

   a). A Large Agricultural Store is permitted only in the RR Use Regulations on lots of 4 acres or larger, and in the A70,

   A72, S88, S90 and S92 Use Regulations. The Agricultural Store provisions shall not be used to increase the size of a production facility, tasting area and/or retail sales area of a Wholesale Limited Winery, Boutique Winery or Small Winery, as limited by Section 6910.

   b) The store shall be incidental to primary agricultural, horticultural or animal husbandry use, as follows:

   i. At least 50 percent of the total gross area of the premises shall be suitable and available for agricultural,

   horticultural, animal husbandry or open space use;

   ii. At least fifty percent of the area in a) above (i.e., 25 percent of the total gross area of the premises) shall be in

   actual active agricultural, horticultural, or animal husbandry use. For operations with a total area greater than 200 acres, at least 40 acres must be actual active agricultural, horticultural, or animal husbandry use.

   c) The store shall be operated by the owner or tenant of the property upon which the store is located. Agricultural products produced on other premises owned or leased by the same property owner or tenant may be displayed and sold.

   d) Only one agricultural store shall be permitted per legal lot or premises as specified in the Administrative Permit. A

large store shall not allowed on a lot with an existing Agricultural Stand or Small Agricultural Store.

e) Building size: the floor area of the building and all open, roofed areas used for display of products for sale shall not

exceed a total of 3,000 square feet. The structure shall conform to all setbacks pursuant to Section 4810. All areas accessed by the public must be permitted and constructed in compliance with the applicable commercial building code and shall comply with all applicable requirements of the Department of Environmental Health. No other structures on the property shall be used for on-site sales.

f) Retail sales activities including sale of products related to the agricultural products produced, cut flowers, sundries,

prepackaged food, bottled or canned beverages and freshly prepared food and beverages is allowed only in conjunction with the sale of produce, animal products and/or shell eggs raised on the property. All applicable requirements of the Departments of Environmental Health and Agriculture, Weights and Measures shall be met.

g) A retail sales area for items other than the agricultural products raised on the property shall be limited to a maximum of 30% of the floor area of the building area. This shall include any refrigeration cases, food service counters, and seating

areas for consumption of prepared foods.

h) On-Site Food Preparation area is allowed in addition to the retail sales area for the preparation of agricultural products or animals and preparation of those products at the farm location into food for retail sale or for onsite consumption may be

allowed. Typically the use type is related to organic farming, sustainable agriculture and community supported agriculture. The use type may include limited cooking related to the on-site agriculture.

i) Food preparation and kitchen areas are allowed within the Large Agricultural Store and shall conform to all applicable

requirements of the state Health and Safety Code, Food and Agriculture Code and Department of Environmental Health for a Retail Food Facility. The kitchen and food preparation areas are in addition to the square footage for the retail area.

j) Preparation of food grown on site which includes canning, bottling, or similar packaging and/or preservation shall be

subject to all applicable state regulations and permits, including a state Processor Permit and all applicable requirements of the Department of Environmental Health.

k) Seating area for patrons to consume products grown on the premises or the prepared foods shall be within the Large Agricultural Store area and shall not exceed 15% of the floor area of the structure.

l) Parking: The required number of parking spaces shall comply with the requirements for Commercial Retail pursuant to

Section 6762. The on-site parking area uses for the Agricultural Store may be surfaced with Chip Seal, gravel, or an alternative surfacing material such as recycled asphalt suitable for lower traffic volumes. Any disabled access parking stalls, access aisles, and accessible routes provided shall be in compliance with California Building Code chapter 11B and shall be stable, firm and slip- resistant.

m) A store may operate seven days a week. The hours of operation shall be specified in the Administrative Permit.

n) Signage: One on-premise sign, not to exceed four square feet, is allowed.

o) Events, such as classes, harvest related activities, and which are related to the agricultural operations on the site, are allowed as specified in the Administrative Permit.

p) An Administrative Permit is required and may be approved in accordance with the Administrative Permit Procedure commencing at Section 7050 if it is found:

i. That the location, size, design, and operating characteristics of the proposed use will be compatible with

adjacent uses, residents, buildings, or structures, with consideration given to:

(a) Harmony in scale, bulk, coverage and density.

(b) The availability of public facilities, services and utilities.

(c) The harmful effect, if any, upon desirable neighborhood character.

(d) The generation of traffic and the capacity and physical character of surrounding streets.

(e) The suitability of the site for the type and intensity of use or development which is proposed.

(f) Any other relevant impact of the proposed use.

ii. That the impacts, as described in paragraph "i" of this section, and the location of the proposed use will be

consistent with the San Diego County General Plan.

iii. That the requirements of the California Environmental Quality Act have been complied with.

q) A Large Agricultural Store shall demonstrate compliance with the emergency travel times specified in Safety Element, Table S-1.

r) Notice shall be provided pursuant to Section 7060.c. No hearing is required unless requested by the applicant or other

affected person pursuant to Section 7060.d.

b. Agricultural Tourism. Agricultural Tourism may be allowed as an accessory use to a Commercial Agriculture operation in the RR, A70, A72, S88, S90 and S92 Use Regulations provided the following criteria are met:

1. The Agricultural Tourism uses shall be incidental to primary agricultural, horticultural or animal husbandry use.

   a) At least 50 percent of the total gross area of the premises shall be suitable and available for agricultural, horticultural,

   animal husbandry or open space use;

   b) At least fifty percent of the area in a) above (i.e., 25 percent of the total gross area of the premises) shall be in actual active agricultural, horticultural, or animal husbandry use. For operations with a total area greater than 20 acres, at least 5

   acres must be actual active agricultural, horticultural, or horticultural use, and Temporary Agritourism Community Events.

2. Allowed activities. U-Pick operations, on-site tours, on-site agricultural instruction or demonstrations, lectures or classes about agriculture related topics and participation in agricultural operations on the premises.

3. Events, including but not limited to weddings and parties, are prohibited except as provided in this Section. An event, for purposes of this Section, is defined as the use of the site for organized activities or gatherings (other than the allowed activities specified in b.2, above), including any activities or gatherings that are advertised or promoted.

Pursuant to Section 6106 of the Zoning Ordinance, Community Events as defined in and as limited byChapter 2 of Division 1 of Title 2 of the San Diego County Code (sections 21.201 – 21.208) may be allowed and subject to all applicable licenses required by the Sheriff pursuant to Chapter 1 of Division 1 of Title 2 of the San Diego County Code (sections 21.101 – 21.117).

4. Temporary Agritourism Community Events are allowed as an accessory to Agricultural Tourism activities subject to the following limitations:

   a) A Temporary Agritourism Community Event is a publicly accessible, for- profit, organized activity or gathering that is advertised or promoted. Non- profit community events are subject to a Community Events Permit, administered by the Department of Environmental Health.

   b) Design and Operation Conditions. All Temporary Agritourism Community Events shall comply with the following design and operational conditions:

   i. Vendors. Food and goods vendors may be incorporated as part of the event, subject to all applicable permitting

   and licensing. A maximum of two goods vendors shall be permitted unless 51% of the total vendors at the event are related to agriculture products, then additional goods vendors shall be permitted.

   (a) Food Vendors. The California Health and Safety Code Section 114387 requires a Temporary Food Facility Permit of any person or organization providing food at a public event. All operators selling food, including existing restaurants, are required to apply for a Temporary Food Facility Permit when participating in a temporary event.

   (b) Goods Vendors. The Temporary Agritourism Community Event vendors may sell non-agriculture related

   goods in accordance with Chapter 5 Solicitations of the San Diego County Code of Regulatory Ordinances.

   ii. Attendees. Events shall be limited to a maximum of 350 guests. Events exceeding 350 people shall not qualify

   as a Temporary Agritourism Event and shall be subject to Temporary Use Regulations - Section 6100 and Sheriff licensing review.

iii. Number of Events. Temporary Agritourism Community Events shall occur in accordance with Section 113755 of the California Retail Food Code. The Number of events exceeding this code, shall be considered permanent and not qualify as a Temporary Agritourism Community Event.

iv. Hours of Operation. Temporary Agritourism Community Events, including setup and tear down, shall occur

between 8:00 a.m. and sunset.

v. All temporary components of the Temporary Agritourism Community Event must be removed within 24 hours of

the conclusion of the event(s).

vi. All areas accessed by the public must be permitted and constructed in compliance with the applicable

commercial building code, including the requirements of the Americans with Disabilities Act.

c) Other Applicable Approvals.

i. Necessary sanitation facilities, as defined in the California Retail Food Code Sections 114351, 114358, 114359,

must be provided as required by the Department of Environmental Health.

ii. No outdoor amplified sound is permitted. All operations shall comply with the provisions of Section36.401 et

seq. of the San Diego County Code of Regulatory Ordinances relating to Noise Abatement and Control.

iii. All vendors, organizers, and or property owners shall obtain all applicable licenses or permits from the

Department of Environmental Health and the County Sheriff Department pursuant to the Uniform Licensing Procedure of the County Code.

iv. The temporary sale of alcohol shall require an Alcoholic Beverage Control (ABC) license from the State with

review from County Sheriff’s Department. If the on-site agricultural operation has a permanent ABC license, the requirements of that license shall apply.

d) Exclusions.

i. Any other type of event such as weddings, corporate events, music concerts, festivals, and carnivals are not

considered an incidental use to primary agricultural, horticultural, or animal husbandry uses, and do not qualify as Agritourism Community Events, and are subject to Section 6100 et seq., Temporary Use Regulations.

ii. Pursuant to Section 6106 of the Zoning Ordinance, Non-profit Community Events as defined in and as limited

by Chapter 2 of Division 1 of Title 2 of the San Diego County Code (sections 21.201 – 21.208) may be allowed and subject to all applicable licenses required by the Sheriff pursuant to Chapter 1 of Division 1 of Title 2 of the San Diego County Code (sections 21.101 – 21.117).

5. Parking. Adequate off street parking shall be provided to accommodate all employee and customer parking needs on the premises, entirely outside of public rights-of-way other than designated parking spaces. No parking on private roads is allowed.

6. One on-premise sign, not to exceed four square feet, is allowed.

7. No outdoor amplified sound is permitted.

8. Agricultural tourism does not include uses that are otherwise regulated by this Ordinance.

c. Agricultural Homestay. An Agricultural Homestay is a permitted accessory use upon issuance of a Zoning Verification Permit provided all of the following criteria are met:

1. Located in a zone subject to the RR, A70, A72, S90 or S92 Use Regulations.

2. A maximum of five bedrooms in a farmer or rancher occupied residence shall be made available for rent. If a detached cabin is used in lieu of the ranch or farmhouse, it shall not exceed 500 square feet. Mobile homes and trailers are not permitted to be used for guest bedrooms. All guest rooms, detached cabins, areas used for the provision of meals or for use by the guests, shall be permitted and constructed in compliance with the applicable commercial building code and shall comply with all applicable requirements of the Department of Environmental Health.

3. The number of guests shall not exceed the maximum occupancy of the rooms as determined by the building code. However, in no case shall there be more than ten (10) adult guests, children accompanied by an adult guardian do not count as adult guests, but the total number of guests must not exceed fifteen (15) persons.

4. Lodging and overnight accommodations shall be for no more than 14 days, either with or without meals. Meals shall be provided to registered guests only, in compliance with California Retail Food Code section 113893.

5. The facility shall be on a working farm or ranch. Proof of a Commercial Agriculture operation on the property shall be provided to the satisfaction of the Department of Agriculture, Weights and Measures and the Department of Planning and Development Services. 6. The working farm or ranch shall be located on a parcel or adjoining parcels totaling at least four (4) acres in size and under the same ownership. The Agricultural Homestay activity shall cease if a subdivision or conveyance of land results in a reduction of the site to less than four (4) acres or if agricultural activity ceases. 7. No Agricultural Homestay shall be located on a site containing a Bed and Breakfast or Host Home operation. 8. The farmer or rancher shall reside on the site of the agricultural operation or on an adjoining parcel under the same ownership. 9. One off street parking space for each room rented shall be provided in addition to adequate off-street parking for the permanent residents and full-time employees. 10. Services shall be limited to the rental of rooms, activities traditionally associated with farms and ranches and the optional provision of meals for overnight guests. No food preparation or cooking for guests shall be conducted within any bedroom or cabin made available for rent. Activities that involve more than ten (10) adult guests of the homestay are prohibited. Events, including but not limited to weddings and parties are prohibited.

   However, pursuant to Section 6106 of the Zoning Ordinance, Community Events as defined in and as limited byChapter 2 of Division 1 of Title 2 of the San Diego County Code (sections 21.201 – 21.208) may be allowed and subject to all applicable licenses required by the Sheriff pursuant to Chapter 1 of Division 1 of Title 2 of the San Diego County Code (sections 21.101 – 21.117).

   11. Signs shall be limited to one on premise sign not to exceed four square feet.

   12. An adequate water well and sewage disposal system shall be available, satisfactory to the County Department of Environmental Health, for use by the proposed Agricultural Homestay or letters from the appropriate water and sewer agencies indicating there is sufficient water supply and sewage treatment capacity for the proposed use shall be submitted by the applicant.

   13. The owner of the facility shall keep records of the number of guests and lengths of stay and shall retain said records for five (5) years.

   d. Agricultural Microbrewery or Micro-Distillery

   1. Microbrewery or Micro-Distillery, Agricultural, Small. A Small Agricultural Microbrewery or Micro-Distillery accessory to a Commercial Agriculture operation may be allowed with a Zoning Verification Permit and shall comply with the following provisions:

a) Prior to the occupancy of the Microbrewery or Micro-Distillery structures and the production of beer or spirits, the Microbrewery or Micro-Distillery shall have a valid permit and bond issued by the U.S. Department of the Treasury Alcohol and Tobacco Tax and Trade Bureau, and shall comply with all applicable County of San Diego Department of Environmental Health permit requirements. A Microbrewery shall have a current Type 23 Small Beer Manufacturer license issued by the California Department of Alcoholic Beverage Control. A Micro-Distillery shall have either a current Type 04 Distilled Spirits Manufacturer or a current Type 74 Craft Distiller’s license issued by the California Department of Alcoholic Beverage Control. Licenses issued by the California Department of Alcoholic Beverage Control that allow other types of alcohol sales are prohibited.

b) Beer production or distilled spirit production shall not exceed more than 2,000 beer barrels or 62,000 gallons annually.

c) A minimum of one (1) acre of the premises shall be planted with hops, barley or other grain and/or shall be used for

the production of honey or other ingredients used in the on-site production of beer or planted with grains or vegetables used in the on-site production of distilled spirits.

d) Of the total ingredients used in brewing or distilling, at least 25 percent shall be grown within San Diego County, with

up to 75 percent may be grown outside of San Diego County.

e) The maximum floor area of non-residential structure(s) used to process the hops or other crops grown on the site and to produce beer or distilled spirits and store the beer or distilled spirits is limited to a maximum floor area of 2,000 square feet is allowed where the lot is up to two acres gross, and 3,000 square feet of floor area is allowed where the lot is two to four acres gross. Additional area is allowed on lots over four acres; however, the maximum floor area of structure(s)

combined shall not exceed 5,000 square feet. The structure(s) shall conform to all setbacks pursuant to Section 4810.

f) The structures permitted in Subsection e) above may contain one tasting/retail sales area in addition to the

Microbrewery or Micro-Distillery structures. The tasting/retail sales area shall be accessory to beer or spirits production,

and shall not exceed 30 percent of the total square footage of all permitted Microbrewery or Micro-Distillery production facility structures and shall comply with the following:

i. All areas accessed by the public must be permitted and constructed in compliance with the applicable commercial building code, including the requirements of the Americans with Disabilities Act;

ii. Barns and agricultural storage buildings on the premises which are not permitted, as part of the Microbrewery

or Micro-Distillery production facility shall not be included for purposes of calculating the allowed area of the tasting/retail sales area;

iii. For the purposes of this Section, a tasting/retail sales area is defined as a room, cave, trellis and/or outdoor

patio area (covered or uncovered) that is dedicated for beer or spirits tasting and sales of beer or spirits produced on-site and food related items;

iv. The California Retail Food Code and the food provisions of the County Code apply as provided in those codes.

v. Internet, phone and mail-order sales are allowed.

g) Parking. A minimum of six (6) parking spaces shall be provided for patrons visiting the Microbrewery or Micro- Distillery, and a minimum of three (3) spaces shall be provided for Microbrewery or Micro-Distillery operations and employees. No parking for a Microbrewery or Micro-Distillery shall be permitted off the premises.

h) The on-site driveway and parking area shall not be dirt. The on-site driveway and parking area may be surfaced with Chip Seal, gravel, or an alternative surfacing material such as recycled asphalt suitable for lower traffic volumes.

i) Signage: One on-premise sign, not to exceed four square feet, is allowed.

j) All operations shall comply with the provisions of Section 36.401 et seq. of the San Diego County Code of Regulatory

Ordinances relating to Noise Abatement and Control.

k) For properties which are reliant on groundwater, a groundwater study shall be submitted to demonstrate that there is

adequate groundwater at the site to support the agricultural and brewing operations on the site.

l) Events, including but not limited to weddings and parties, shall be prohibited except as provided in this Section. An

event, for purposes of this Section, is defined as the use of the site for organized activities or gatherings (other than beer or distilled spirits production, beer or distilled spirits sales, beer or distilled spirits tasting, agricultural instruction and educational tours), including any activities or gatherings that are advertised or promoted.

Pursuant to Section 6106 of the Zoning Ordinance, Community Events as both defined in, and as limited by,Chapter 2 of Division 1 of Title 2 of the San Diego County Code (sections 21.201 – 21.208) may be allowed and subject to all applicable licenses required by the Sheriff pursuant to Chapter 1 of Division 1 of Title 2 of the San Diego County Code (sections 21.101 – 21.117).

m) The California Retail Food Code and the food provisions of the County Code apply as provided in those codes. The sale and consumption of pre- packaged food is allowed on the premises. Refrigeration shall be permitted by the County of San Diego Department of Environmental Health (DEH). Catered food service is allowed by a DEH-permitted caterer, but no food preparation is allowed at a Small Microbrewery or Micro-Distillery, except as described below in this Section. Catered food service includes the provision of food that is ready to eat and that has been prepared off the Small Microbrewery or Micro-Distillery premises.

i. One mobile food facility may be allowed on the Small Microbrewery or Micro-Distillery premises, to serve the

patrons during the approved hours of operation;

ii. The mobile food facility shall not be parked in the required parking spaces for Microbrewery or Micro-Distillery

patrons or employees, nor shall it interfere with the safe ingress or egress to and from the premises;

iii. The mobile food facility shall have a valid Mobile Food Facility Health Permit from the Department of

Environmental Health and shall conform to all requirements applicable to a mobile food facility, including access to

a permitted commercial restroom.

n) An Agricultural Microbrewery or Micro-Distillery shall demonstrate compliance with the emergency travel times specified in Safety Element, Table S-1.

2. Microbrewery or Micro-Distillery, Agricultural, Large. A Large Agricultural Microbrewery or Micro-Distillery accessory to a Commercial Agriculture operation may be allowed with an Administrative Permit and shall comply with the following provisions:

1. Prior to the occupancy of the Microbrewery or Micro-Distillery structures and the production of beer or spirits, a Microbrewery or Micro-Distillery shall have a valid permit and bond issued by the U.S. Department of the Treasury Alcohol and Tobacco Tax and Trade Bureau, and shall comply with all applicable County of San Diego Department of Environmental Health permit requirements. A Microbrewery shall have a current Type 23 Small Beer Manufacturer license issued by the California Department of Alcoholic Beverage Control. A Micro-Distillery shall have either a current Type 04 Distilled Spirits Manufacturer or a Type 74 Craft Distiller’s license issued by the California Department of Alcoholic Beverage Control. Licenses issued by the California Department of Alcoholic Beverage Control that allow other types of alcohol sales are prohibited.

   b) A minimum of two acres of the premises must be planted with hops, barley or other grain, and/or shall be used for the production of honey or other ingredients used in the on-site production of beer or planted with grains or vegetables used in the on-site production of distilled spirits.

   c) Beer production or distilled spirit production shall not exceed 8,000 beer barrels or 248,000 gallons annually.

   d) Of the total ingredients used in brewing or distilling, a minimum of 25% shall be grown within San Diego County and a

   maximum of 75% may be grown outside of San Diego County.

   e) The production facilities, tasting area/retail sales area shall operate only during the days and hours specified in the Administrative Permit. All areas accessed by the public must be permitted and constructed in compliance with the applicable commercial building code, including the requirements of the Americans with Disabilities Act;

f) Parking. For the purposes of calculating parking, the brewing areas shall be considered manufacturing and the cold and warm storage shall be considered warehousing, pursuant to Section 6750. All required parking for employees and patrons shall be accommodated on the property, no off- site parking shall be permitted.

g) The on-site driveway and parking area shall not be dirt. The on-site driveway and parking area may be surfaced with Chip Seal, gravel, or an alternative surfacing material such as recycled asphalt suitable for lower traffic volumes.

h) For properties which are reliant on groundwater, a groundwater study shall be submitted to demonstrate that there is adequate groundwater at the site to support the agricultural and brewing operations on the site.

i) All operations shall comply with the provisions of Section 36.401 et seq. of the San Diego County Code of Regulatory

Ordinances relating to Noise Abatement and Control.

j) Events, including but not limited to weddings and parties, may be allowed as specified in the Administrative Permit upon the making of the findings in the Zoning Ordinance, Section 6157.d.2.m. Events shall comply with the requirements of Section 21.201 et seq. of the County Code.

Pursuant to Section 6106 of the Zoning Ordinance, Community Events as defined in and as limited byChapter 2 of Division 1 of Title 2 of the San Diego County Code (sections 21.201 – 21.208) are allowed and subject to all applicable licenses required by the Sheriff pursuant to Chapter 1 of Division 1 of Title 2 of the San Diego County Code (sections 21.101 – 21.117).

k) The sale and consumption of pre-packaged food is allowed on the premises. Refrigeration shall be permitted by the

County of San Diego Department of Environmental Health (DEH). Catered food service is allowed by a DEH-permitted caterer, but no food preparation is allowed at a Microbrewery or Micro-Distillery, except as described below in this Section. Catered food service includes the provision of food that is ready to eat and that has been prepared off the Microbrewery or Micro-Distillery premises.

i. One mobile food facility may be allowed on the Microbrewery or Micro-Distillery premises to serve the patrons of

the tasting room during the approved hours of operation as specified in b.8;

ii. The mobile food facility shall not be parked in the required parking spaces for Microbrewery or Micro-Distillery

patrons or employees, nor shall it interfere with the safe ingress or egress to and from the premises;

iii. The mobile food facility shall have a valid Mobile Food Facility Health Permit from the Department of

Environmental Health and shall conform to all requirements applicable to a mobile food facility, including access to a permitted commercial restroom.

l) Signage: One on-premise sign, not to exceed four square feet, is allowed.

m) An Administrative Permit is required and may be approved in accordance with the Administrative Permit Procedure commencing at Section 7050 if it is found:

i. That the location, size, design, and operating characteristics of the proposed use will be compatible with

adjacent uses, residents, buildings, or structures, with consideration given to:

1. Harmony in scale, bulk, coverage and density.

2. The availability of public facilities, services and utilities.

3. The harmful effect, if any, upon desirable neighborhood character.

4. The generation of traffic and the capacity and physical character of surrounding streets.

5. The suitability of the site for the type and intensity of use or development which is proposed.

   6. Any other relevant impact of the proposed use.

      ii. That the impacts, as described in paragraph "i" of this section, and the location of the proposed use will be

      consistent with the San Diego County General Plan.

      iii. That the requirements of the California Environmental Quality Act have been complied with.

      n) An Agricultural Microbrewery or Micro-Distillery shall demonstrate compliance with the emergency travel times specified in Safety Element, Table S-1.

      o) Notice shall be provided pursuant to Section 7060.c. No hearing is required unless requested by the applicant or other affected person pursuant to Section 7060.d.

   e. Creamery. The Creamery use type refers to an accessory use to a dairy on premises where cattle, goats, sheep or other animals

   are fed and kept for milking operations. The Creamery use may include the production of milk, butter, cream, cheese or other products made from milk or cream, for wholesale or on-site limited retail direct to consumers.

   A Creamery shall comply with the following provisions:

   1. A Dairy shall have a valid permit issued by the U. S. Department of Agriculture, and a current dairy license issued by the California Department of Food & Agriculture. The production and/or sale of any butter, cream, cheese or other products shall

   conform to all applicable requirements of the U.S. Department of Agriculture (USDA), California Food & Agriculture Code, Health & Safety Code, and shall obtain any other applicable permits.

   2. A minimum of 50 percent of the milk/cream used at creamery must be produced by the animals raised and milked on the

   premises.

   3. The maximum floor area of non-residential structure(s) used to for a creamery is limited to a maximum of 2,000 square feet

   where the lot is less than one gross acre. A maximum floor area of 3,000 square feet is allowed where the lot is one acre or more but less than two acres gross, and a maximum of 4,000 square feet of floor area is allowed where the lot is two to four acres gross. Additional area is allowed if the lot is over four acres. The structure shall conform to all setbacks pursuant to Section 4810. All areas accessed by the public must be permitted and constructed in compliance with the applicable commercial building

code and shall comply with all applicable requirements of the Department of Environmental Health. No other structures on the property shall be used for on-site sales.

4. One retail sales room is allowed for the sale of dairy and creamery products produced on the premises subject to all applicable permits required by the Department of Environmental Health and the California Department of Food and Agriculture. The retail sales room shall be accessory to the operation and shall not exceed 30% of the total square footage of the structure used for the Creamery. All areas accessed by the public must comply with all permitting requirements and shall be constructed in compliance with the applicable commercial building code, including the requirements of the Americans with Disabilities Act. 5. The sale of pre-packaged food is allowed on the premises. Refrigeration shall be approved by the County of San Diego Department of Environmental Health. Catered food service is not allowed. 6. A minimum of six parking spaces shall be provided for customers and a minimum of three spaces shall be provided for employees and operations. No parking for a Creamery is allowed off the premises. 7. The on-site driveway and parking area shall not be dirt. The on-site driveway and parking area may be surfaced with Chip Seal, gravel, or an alternative surfacing material such as recycled asphalt suitable for lower traffic volumes. 8. Signage: One on-premise sign, not to exceed four square feet, is allowed. 9. Amplified sound is not allowed outside any building. 10. All operations shall comply with the provisions of Section36.401 et seq. of the San Diego County Code of Regulatory Ordinances relating to Noise Abatement and Control. f. Farm Employee Housing. Farm employee housing consisting of five or more farm employees is an allowed use and requires approval of a building permit from Planning & Development Services and approval of a permit to operate from the State of California to operate an Employee Housing facility.

Farm Employee Housing of up to four farm employees requires approval of a building permit from Planning & Development Services and is an allowed accessory use to an on-going commercial agriculture operation on that same parcel on which the housing is located or on another parcel under the same ownership, provided that:

1. The number of living units is reasonably related to the number of farm employees required for commercial agriculture on the parcel on which the farm employee housing is located and, where applicable, on other land owned or leased and farmed by the applicant.

2. The location of Farm Employee Housing shall comply with the required main building setbacks.

3. Farm employee housing shall be occupied only by farm employees (and their families) engaged in Commercial Agricultural labor for an active Commercial Agricultural operation and shall not be otherwise occupied or rented.

4. Farm employee housing shall be removed or converted to another allowed use at such time as the commercial agriculture to which it relates ceases operation for more than twelve consecutive months following the date of occupancy on the building permit issued for the farm employee housing. g. Packing and Processing, General. In the A70, A72 and S92 Use Regulations, a Packing and Processing operation or facility, accessory to a Commercial Agriculture operation, may be allowed with an Administrative Permit and shall comply with the following provisions: 1. The operation shall be incidental to primary agricultural, horticultural or animal husbandry use, such that at least 50 percent of the total gross area of the premises shall be suitable and available for agricultural, horticultural, animal husbandry or open space use; 2. The packing and processing operation or facility may be conducted within a structure or outdoors as required by the Enclosure Regulations (Section 6800 herein). 3. For operations with a total area greater than 200 acres, at least 40 acres must be actual active agricultural, horticultural, or animal husbandry use. 4. Signage: One on-premise sign, not to exceed four square feet, is allowed. 5. Before an Administrative Permit may be granted or modified, it shall be found: i. That the location, size, design, and operating characteristics of the proposed use will be compatible with adjacent uses, residents, buildings, or structures, with consideration given to: 1) Harmony in scale, bulk and coverage; 2) The availability of public facilities, services and utilities; 3) The harmful effect, if any, upon desirable neighborhood character; 4) The generation of traffic and the capacity and physical character of surrounding streets; 5) The hours of operation and generation of noise of the proposed use; 6) The suitability of the site for the type and intensity of use or development which is proposed; and to 7) Any other relevant impact of the proposed use. ii. That the impacts, as described in paragraph "a" of this section, and the location of the proposed use will be consistent with the San Diego County General Plan iii. That the requirements of the California Environmental Quality Act have been complied with. iv. That notice shall be pursuant to Section 7060.c. No hearing is required unless requested by the applicant or other affected person pursuant to Section 7060.d.

h. Poultry Manure Management. Poultry manure management practices involving drying and disposal of manure produced on site or brought to a poultry ranch from another poultry ranch owned or operated by the same person(s), provided the receiving site is zoned with an animal regulations designator where the small animal raising animal use type is permitted without a limit on the number of poultry allowed.

i. Organic Materials Processing. Organic materials processing shall be allowed as accessory to a Commercial Agriculture operation in

accordance with Section 6977 of the Zoning Ordinance.

(Added by Ord. No. 10463 (N.S.) adopted 4-14-17)

(Amended by Ord. No. 10592 (N.S.) adopted 2-27-19)

(Amended by Ord. No. 10652 (N.S.) adopted 1-29-20)

(Amended by Ord. No. 10807 (N.S.) adopted 9-14-22)

6158 CIVIC, COMMERCIAL, INDUSTRIAL, OR EXTRACTIVE USE TYPES.

Accessory structures and uses necessarily and customarily associated with, and appropriate, incidental and subordinate to the principal civic, commercial, industrial or extractive uses shall be permitted where the principal civic, commercial, industrial or extractive uses are permitted. As provided for in Section 6152, the Director shall determine whether proposed accessory uses and structures conform to the Accessory Use Regulations, and said determinations are subject to appeal pursuant to the Administrative Appeal Procedure commencing at Section 7200.

Subject to the restrictions and limitations specified, the following accessory buildings and uses shall be permitted in zones where Civic, Commercial, Industrial, or Extractive Use Types are permitted:

a. Outdoor Café Seating and Sidewalk Cafés.

1. Outdoor Café Seating. Outdoor café seating accessory to the Eating and Drinking Establishments use type is permitted in the Fallbrook Village Regulations, C32, C34, C35, C36, M50 and M52 use regulations, and outdoor café seating accessory to the Food and Beverage Retail Sales use type is permitted in the Fallbrook Village Regulations, C32, C34, C35, C36 and M50 use regulations, subject to the following conditions:

   i. The outdoor seating area shall be limited in size as follows:

(a) In Eating and Drinking Establishments to no more than 200 square feet or 25 percent of the establishment's indoor floor area,

whichever is greater.

(b) In Food and Beverage Retail Sales uses (e.g., bakeries, markets, etc.) to no more than 25 percent of the establishment’s indoor

floor area or 1000 square feet, whichever is less. However, any such Food and Beverage Retail Sales use that otherwise qualifies under Section 6158 a.1. may have an outdoor seating area of 200 square feet.

ii. The outdoor seating area shall be located at least 50 feet from areas zoned with the RS, RR, RMH, or A70 use

regulations.

iii. Required zone setbacks shall be observed. Required parking and parking lot landscaping shall be provided for the

outdoor seating area.

iv. The outdoor seating area shall not be used as an entertainment area. Sound amplification devices shall be limited to devices that are necessary to provide low-level background music. Noise levels shall comply with the County Noise Ordinance. Any outdoor lighting shall comply with Section 6324 of The Zoning Ordinance.

v. If the seating area is proposed within the public right-of-way, then the requirements of Section6158a.2. below shall
also be met.

vi. When located in an area subject to the Community Design Review Area Regulations, or other applicable special area
regulations, the Site Plan review and all other requirements of those regulations shall apply to outdoor café seating.

vii Required Minor Use Permits, where applicable, shall be obtained and shall provide for accessory outdoor seating.

viii Outdoor café seating areas located adjacent to pedestrian thoroughfares shall leave a minimum width of eight feet completely open

at all times between the outdoor seating area and the edge of the pedestrian thoroughfare to accommodate pedestrian traffic.

Proposed outdoor seating for an Eating and Drinking Establishment or Food and Beverage Retail Sales use type in the Fallbrook Village

Regulations, C32, C34, C35, C36 or M50 use regulations or an Eating and Drinking Establishment use type in the M52 use regulations not qualifying under these provisions may apply for a Major Use Permit for an open enclosure pursuant to the Enclosure Regulations found in Section 6816.

2. Sidewalk Cafés Within the Public Right-of-Way. Sidewalk cafés within public right-of-way shall be a permitted accessory use upon issuance of an Administrative Permit provided the conditions listed below in this subsection are complied with. If the sidewalk café is proposed within the commercial and industrial zones listed in Section 6158a.1. above, then the conditions of that section shall also apply.

   i. The sidewalk café shall be conducted accessory to a legally established Food and Beverage Retail Sales or Eating and

   Drinking Establishment use type.

   ii. An encroachment permit for a sidewalk café shall be obtained from the Department of Public Works.

   iii. The operation of a sidewalk café shall meet applicable requirements of the Department of Environmental Health.

   iv. Notice shall be provided pursuant to Section 7060 c.

   v. The hours of operation shall be limited to the hours of operation of the associated Eating or Drinking Establishment or

Food and Beverage Retail Sales use.

vi. Notwithstanding Section 6158 a.1., no sound amplification device, musical instrument or sound reproduction device shall be operated or used with a sidewalk cafe within the public right-of-way and any outdoor lighting shall comply with Section 6324.

vii. A finding shall be made that the sidewalk cafe will not adversely affect the neighborhood nor be detrimental to

persons residing, visiting or working in the area.

b. Small Wind Turbine. A small wind turbine shall be allowed in accordance with the Renewable Energy Regulations commencing at Section 6951.

c. Mobilehome dwelling as a secondary use.

d. Community Use of Private Schools. Meetings or events shall be permitted as a use accessory to a private school unless otherwise expressly prohibited by a use permit authorizing the private school. Such meetings and events shall meet the following criteria:

(1) The meeting or event is conducted by a nonprofit organization from the community or neighborhood area in the vicinity of the school,

and

(2) Not more than three such meetings or events shall occur within any given week.

(3) Hours of operation. No meeting or event shall begin prior to 8:00 a.m. nor continue later than 10:00 p.m. when inside a building or

8:00 p.m. when outside a building.

(4) Parking. No onstreet parking shall be utilized, and attendance shall be limited to a number which is accommodated by offstreet

parking provided by the private school.

(5) Traffic. The meeting or event shall not increase congestion of nearby streets to the extent that normal traffic circulation is significantly

impeded.

(6) Noise. The meeting or event shall not cause noise in excess of the applicable noise standards contained in the County Code of

Regulatory Ordinances.

e. Recycling of salvaged concrete, asphalt and rock.

It has been recognized by the County of San Diego and the State of California that recycling of materials such as used concrete, asphalt and rock is essential to effective solid waste management and protection of public and private open space from illegal disposal of solid waste. Because of the high priority the public assigns to recycling of these materials, the following Accessory Use provision has been created to assist in the expansion of this activity in conjunction with related mining and processing land uses.

Persons having an approved Major Use Permit for a mining and processing land use, or having an established mining and processing land use that is legally nonconforming and located in a zone where it could be permitted by Major Use Permit, as of October 29, 2014 shall be allowed to recycle salvaged concrete, asphalt and rock in conjunction with mining and processing use types, where rock crushing, asphalt production and/or concrete batching are occurring, pursuant to the following:

1. All proposed operations shall conform to the restrictions and conditions of the use permit regulating the project site, if one is present, except as otherwise specified herein.

2. No increase in the size of the mining and processing site shall be authorized by this Section.

   3. The following increases or changes in operational limitations may be authorized in connection with the recycling operation:

      a) Additional average daily one-way truck trips up to 10 percent of the number authorized under the Major Use Permit, or when unspecified in the use permit or when there is no use permit, up to 10 percent of the average daily one-way truck trips of the existing operation;

      b) Additional onsite stockpiling of material of up to 25 percent of that authorized under the Major Use Permit, or when unspecified in the use permit or when there is no use permit, up to 25 percent of the amount typical to the existing operation; and

      c) Replacement or additional equipment, only as may be necessary to adapt the existing operation to the recycling function.

Any changes or increases in the existing authorized operations beyond those specified above shall require modification of the existing Major Use Permit or approval of a new Major Use Permit. The limitations specified in subsection 3, above shall not apply to a mining and processing use that has been recycling salvaged concrete, asphalt and rock as of October 29, 2014.

f. A Drop-off Recycling Facility shall be permitted as an accessory use in all zones where Civic, Commercial, Industrial or Extractive

Use Types are permitted.

g. A Small Recycling Collection Facility shall be permitted as an accessory use in all zones where Civic Use Types are permitted.

h. Columbarium with Religious Assembly.

1. A Columbarium may be a permitted accessory use to a Religious Assembly Use Type upon approval of a Major Use Permit for the Religious Assembly Use Type and the Columbarium in use regulations where a Major Use Permit is required for the Religious Assembly Use Type.

2. A Columbarium may be a permitted accessory use to a Religious Assembly Use Type upon approval of a Modification of the Major Use Permit that authorized the Religious Assembly Use Type.

3. A Columbarium may be a permitted accessory use to a Religious Assembly Use Type upon issuance of a Minor Use Permit in use regulations where a Religious Assembly Use Type is permitted by right, or by Site Plan approval.

i. Storage of Emergency Supplies for Disaster Preparedness. The storage of emergency supplies for disaster preparedness shall

comply with the following provisions:

1. Storage shall be allowed on properties that are owned by the County of San Diego or other public agency.

2. Storage area shall be secure and shall be in compliance with all applicable regulations of this Zoning Ordinance, including but not limited to Site Plan requirements (if applicable), setbacks and enclosure requirements.

3. Storage may be allowed within a cargo container which complies with the requirements of Section6162.

   j. Brewery or Microbrewery with an Eating and Drinking Establishment.

   1. An Eating and Drinking Establishment may be a permitted accessory use to a Brewery or Microbrewery upon issuance of an Administrative Permit, subject to applicable state and local regulations, and the following:

      a) In M52, M54 or M58 Use Regulations:

      i) The gross floor area of the brewery operation is a minimum of 12,000 sf.

      ii) No more than 25 percent of the floor area of the licensed premises shall be used for the Eating and Drinking

      Establishment use.

      iii) Brewery operator shall obtain Type 1 or Type 23 License from Alcoholic Beverage Control.

      b) In M56 Use Regulations:

   (a). The gross floor area of the brewery operation is a minimum of 12,000 sf. (b).

   ii) More than 15 percent of the floor area, up to a maximum of 25 percent of the floor area of the licensed

   premises may be used for the Eating and Drinking Establishment use.

   iii) Brewery operator shall obtain Type 1 or Type 23 License from Alcoholic Beverage Control.

A Tasting Room (no food service allowed) associated with a Brewery or Microbrewery shall be considered as “Food and Beverage Retail Sales” and is a separately regulated accessory use.

2. In Commercial use regulations C32, C34, C35 and C36, where Eating and Drinking Establishments are permitted, on-site brewing shall be permitted as part of a bona fide restaurant (Brewpub) subject to applicable state and local regulations, and the following:

   a) Up to of the 50% of the gross floor area of the licensed premises may be used for the brewery use.

   b) Brewpub operator shall obtain a Type 75 License from Alcoholic Beverage Control.

   c) Outdoor seating shall be subject to the provisions of 6158.a.

For other commercial use regulations where both Eating and Drinking Establishments and General Industrial Uses are permitted, these limitations shall not apply.

(Amended by Ord. No. 6134 (N.S.) adopted 7-22-81)

(Amended by Ord. No. 6855 (N.S.) adopted 10-10-84)

(Amended by Ord. No. 6857 (N.S.) adopted 10-10-84. Opr. 1-1-85)

(Amended by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Amended by Ord. No. 7117 (N.S.) adopted 4-23-86)

(Amended by Ord. No. 7692 (N.S.) adopted 11-29-89)

(Amended by Ord. No. 8034 (N.S.) adopted 2-26-92)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

(Amended by Ord. No. 8185 (N.S.) adopted 12-16-92)

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95)

(Amended by Ord. No. 9013 (N.S.) adopted 3-17-99)

(Amended by Ord. No. 9151 (N.S.) adopted 5-10-00)

(Amended by Ord. No. 9958 (N.S.) adopted 12-10-08)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

(Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

(Amended by Ord. No. 10222 (N.S.) adopted 9-25-12. Opr. 11-26-12)

(Amended by Ord. No. 10261 (N.S.) adopted 5-15-13)

(Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

6160 MANUFACTURING AND INDUSTRIAL ZONES.

Single-family dwellings or a single mobilehome shall be permitted as follows in zones subject to the M50, M52, M54, M58, and S82 Use Regulations:

a. Caretaker or Superintendent. On a lot or building site with a permitted industrial use, and occupied exclusively by a caretaker or superintendent of such industrial use and his family; or

b. Farm Owner or Operator. On a lot or building site which is being farmed with Commercial Agriculture, and occupied exclusively by the owner or operator thereof; or

c. Kennel Owner or Operator. On a lot or building site with a kennel, and occupied exclusively by the owner or operator thereof and his family.

(Amended by Ord. No. 10463 (N.S.) adopted 4-14-17)

6162 CARGO CONTAINERS.

a. No cargo container shall be allowed in any area designated as a Historic/Archaeological Landmark or District or an area designated
as a Special Historic District, except as provided in Section d and e below.

b. A cargo container may be allowed in areas zoned for residential and agricultural uses if it meets the following restrictions:

1. It is located on property so as to comply with all building setbacks.

2. It is only used for storage.

3. There is a legal primary use on the property where it is located.

4. There are no violations of the Zoning Ordinance or the San Diego County Code of Regulatory Ordinances on the property
where it is located

5. The exterior is painted a solid color pursuant to a list of colors approved by the Director and the color selected matches as
closely as possible with the surrounding natural environment.

6. The square footage of the cargo container when added to the square footage of accessory structures on the property does
not exceed the maximum allowable square footage for accessory structures under section 6156 g.

7. On sites where the primary use of the property is residential the following additional restrictions shall apply:

(i) A cargo container shall only be allowed if it is not visible from any roadway that runs along the parcel.

(ii) On sites of less than 2 acres of net lot area: (A) the footprint of a cargo container shall not exceed 320 square feet in
area, (B) only one cargo container is allowed and (C) the total time the site can have a cargo container located on it during
any 5 year period is 180 days.

c. A cargo container may be allowed in areas zoned for commercial and industrial uses for storage purposes only if there is a legal
primary use on the property where it is located and required parking is not impacted.

d. Cargo containers are allowed on private property in all zones temporarily to store building materials and/or construction tools during construction pursuant to an active building permit.

e. Notwithstanding Section 6852, a cargo container that was lawfully on private property before April 18, 2007 may be allowed to continue as a nonconforming use for two years. This section shall not be construed to authorize any cargo container that was illegally placed, maintained or used before the effective date of this paragraph.

f. Cargo containers are allowed on County-owned property and property owned by a public agency when used exclusively for the

storage of emergency supplies for disaster preparedness, pursuant to Section 6158.i. Cargo containers must conform to the requirements of paragraph b.5, above.

(Added by Ord. No. 9844 (N.S.) adopted 4-18-07)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

OFF-PREMISE SIGN REGULATIONS

6200 TITLE AND PURPOSE.

The provisions of Section 6200 through Section 6249, inclusive, shall be known as the Off-Premise Sign Regulations. It is the purpose of these provisions to establish a comprehensive system for the regulation of off-premise signs. It is intended that these regulations impose reasonable standards on the number, size, height and location of off-premise signs, and sign structures and facilitate the removal or replacement of nonessential off-premise signing, in order to prevent and relieve needless distraction and aesthetic clutter resulting from excessive and confusing sign displays; to promote traffic safety; to safeguard and enhance property values; and to promote the public safety and general welfare. It is further intended that these regulations provide one of the tools essential to the preservation and enhancement of the environment, thereby protecting an important aspect of the economy of the County which is instrumental in attracting those who come to visit, vacation and trade. In communities subject to community design review, scenic and/or historic preservation programs, these sign regulations are intended to enhance such programs.

The provisions contained within these sections have been determined to be the least burdensome that will satisfy the intended purposes of the Off-Premise Sign Regulations.

(Amended by Ord. No. 6691 (N.S.) adopted 11-30-83)

(Amended by Ord. No. 8028 (N.S.) adopted 1-15-92)

6203 OFF-PREMISE SIGNS EXEMPT FROM THESE REGULATIONS.

The following types of off-premise signs shall be exempt from these regulations except that signs pertaining to a time, event or purpose shall be considered abandoned signs upon termination of the event or purpose for which installed and shall be abated pursuant to Section 6214:

a. Directional, warning or informational signs required or authorized by law that are erected by federal, state, county or municipal officials.

b. Official notices issued by a court or public body or office and posted in the performance of a public duty.

c. Danger signs, railroad crossing signs and signs of public utility companies indicating danger and aids to service or safety.

d. In areas where street or residential neighborhood identification or house numbering is inadequate, not more than 2 signs not over four square feet, or for a neighborhood, not over 18 square feet, providing directional and/or address information to property, residences, or neighborhoods.

e. Flags, emblems and insignia of a nation or political subdivision.

f. Commemorative signs or plaques of historical organizations.

g. Signs on public transportation vehicles regulated by a political subdivision, including but not limited to buses and taxicabs.

h. Signs on licensed commercial vehicles.

i. Signs that are not intended to be viewed from public streets and are not legible therefrom nor from adjacent properties, such as

signs in interior areas of shopping centers, commercial buildings and structures, ball parks, stadiums, race tracks, and similar uses of a recreational or entertainment nature.

j. Signs on the back of benches at transit stops located in the public right-of-way, providing that:

1. The sign face is not more than 24 inches in height and 6 feet in length;

2. The sign is not located in areas subject to the Scenic Area Regulations; and

3. The placement, construction, design and materials for transit benches are in compliance with Board of Supervisors' Policy J-

4. Compliance will be administered and enforced by the Department of Public Works. When applicable, an encroachment permit must be obtained from the Department of Public Works.

k. Signs on transit shelters at transit stops located in the public right-of-way, provided that:

1. The transit shelters are restricted to two advertising panels;

2. Each advertising panel does not exceed four feet in width nor six feet in height;

3. No advertising is placed on the roof of the shelter;

4. No portion of any sign extends over eight feet above the ground upon which the shelter is placed;

5. Sign lighting is limited to back lighting of translucent advertising panels;

6. The shelter is not located in an area subject to the Scenic Area Regulations; and;

7. The placement, construction, design and materials for transit shelters are in compliance with Board of Supervisors' Policy J-

8. Compliance will be administered and enforced by the Department of Public Works. When applicable, an encroachment permit must be obtained from the Department of Public Works.

l. Scenic Area and Historic Preservation District Area directional and identification signs subject to Site Plan review.

m. Seasonal decorations not defined in Section 6207 and permitted by the Director, Department of Public Works, in accordance with Section 51.123 of the San Diego County Code.

n. In each instance and under the same conditions as this Chapter permits any sign, a sign containing an ideological, political or other non-commercial message and constructed to the same physical dimensions and characteristics shall be permitted.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6691 (N.S.) adopted 11-30-83)

(Amended by Ord. No. 6855 (N.S.) adopted 10-10-84)

(Amended by Ord. No. 7169 (N.S.) adopted 7-09-86)

(Amended by Ord. No. 8028 (N.S.) adopted 1-15-92)

(Amended by Ord. No. 8406 (N.S.) adopted 5-18-94)

(Amended by Ord. No. 9472 (N.S.) adopted 5-15-02)

(Amended by Ord. No. 10322 (N.S.) adopted 1-29-14)

6204 PORTABLE OFF-PREMISE SIGNS LIMITED.

Portable off-premise signs shall be prohibited; provided, however, that portable off-premise signs advertising temporary events may be permitted by Administrative Permit for a period not to exceed 60 days.

(Amended by Ord. No. 6691 (N.S.) adopted 11-30-83)

6205 OFF-PREMISE SIGNS.

Off-premise signs may be erected, constructed, placed or maintained only in the locations specified herein and in accordance with an Administrative Permit. No application shall be accepted which is not accompanied by evidence of current approval by the applicable section of the Outdoor Advertising Act, Division 3 of the Business and Professions Code, State of California.

a. Permitted Locations: Off-premise signs may be placed only in the following locations, unless otherwise prohibited:

1. On a lot or parcel in zones subject to the C37, C38, M54 and M58 Use Regulations.

b. Prohibited Locations. Off-premise signs are not permitted in any of the following locations:

1. In any zone subject to the Community Design Review Area Regulations (Section5750 et seq.), Scenic Area Regulations (Section 5200 et seq.) or Historic/Archaeological Landmark and District Area Regulations (Section 5700 et seq.) of the Zoning Ordinance.

2. In any area that is located within the California Coastal Zone.

3. Within 300 feet of any residential zone having frontage on the same street.

4. Upon, projected over, or supported in whole or in part, by or painted onto, any portion of a building; or situated on or attached in any manner to a wall or fence.

5. Upon or over the right-of-way of any public street.

c. Setbacks. Off-premise signs with an area per face of more than 32 square feet shall conform to all street frontage setback requirements of the zone in which located. No sign shall be located within the setback for an established official centerline route per Section 4815.

d. Sign Area. Signs may be single-faced or double-faced with a maximum area per face of 300 square feet.

e. Height.

1. No portion of any sign or sign structure shall exceed a height of 25 feet.

2. All signs shall maintain a minimum clearance of 8 feet between the lowest extremity of the sign and the highest ground elevation directly thereunder.

f. Spacing. Signs shall be located no closer than 500 feet from any other off-premise sign; said distance to be measured on a direct line between signs on the same street and measured along right-of-way lines for signs on intersecting streets.

g. Construction. Double-faced signs, unless otherwise specified, shall be so constructed that the area and perimeter of both faces coincide and are back-to-back in parallel planes not more than 24 inches apart. Supporting members of signs with an area per face greater than 128 square feet will be constructed of noncombustible materials.

h. Appearance and Maintenance. Signs shall be maintained as required to assure a well-kept appearance free from graffiti and cracking or peeling paint. The back of single faced signs visible from adjacent property or a public road shall be solid painted or stained in subdued colors or shall be screened from view.

i. Lighting. Signs may be illuminated unless otherwise specified, provided such signs are so constructed that no light bulb, tube,

filament or similar source of illumination is visible beyond the property lines. Signs making use of lights to convey the effect of movement, or flashing, intermittent or variable intensity lighting shall not be permitted. This restriction shall not apply to signs which convey information such as time, temperature, or weather.

j. Movement. No sign shall move or rotate, nor display any moving and/or rotating parts. Wind propellers and other noise creating

devices shall not be permitted.

k. Attention Attracting Devices. Flags, banners, pennants, spinners, streamers and similar devices may not be attached to an off- premises sign.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6691 (N.S.) adopted 11-30-83)

(Amended by Ord. No. 6743 (N.S.) effective 1-11-85)

(Amended by Ord. No. 7169 (N.S.) effective 7-09-86)

(Amended by Ord. No. 8028 (N.S.) adopted 1-15-92)

(Amended by Ord. No. 8114 (N.S.) adopted 7-29-92)

(Amended by Ord. No. 9472 (N.S.) adopted 5-15-02)

(Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

(Amended by Ord. No. 10322 (N.S.) adopted 1-29-14)

6207 SPECIAL PURPOSE OFF-PREMISE SIGNS.

The regulations generally applicable to off-premises signs set forth in Sections6204 and 6205 shall not be applicable to special purpose off- premises signs. Special purpose off-premise signs may be constructed, placed and maintained in accordance with the following regulations:

a. General Standards Applicable to Special Purpose Off-Premise Signs.

1. Spacing. Signs shall be located no closer than 300 feet from any other special purpose off-premise sign unless otherwise specified in this section; said distance to be measured on a direct line between signs on the same street and measured along right-of-way lines for signs on intersecting streets.

2. Setbacks. No portion of any sign shall extend beyond private property lines into the street right-of-way, except as permitted pursuant to subsections b.2, b.3, b.6, or b.7, or Chapter 1 of Division 1 of Title 5 of the San Diego County Code commencing with Section 51.101. 3. Prohibitions. Signs are prohibited in any zone subject to Scenic Area Regulations or Historic/Archaeological Landmark and District Area Regulations, except scenic or historic site directional wayfinding signs, community information signs or community identification signs subject to Site Plan review. For signs to be located within a street right-of-way, the zone shall be considered that of the abutting parcel closest to the sign location. For street spanning banners or other sign installations where the closest

abutting parcels have different zones, the more restrictive zone as determined by the Director, Planning and Development Services, shall apply.

b. Special Purpose Off-Premise Sign Types.

1. Temporary Real Estate Directional Signs

Off-premise signs providing direction to new residential, commercial or industrial development are allowed if the following requirements are

met:

i. Size. Signs located within the California Coastal Zone and all Residential Zones shall be limited to 16 square feet. The

maximum size in all other areas/zones shall be 32 square feet.

ii. Height. Signs shall not exceed the following heights:

0 to 16 square feet = 8 feet

17 to 32 square feet = 12 feet

iii. Location. Signs shall not be permitted upon, projected over, or supported in whole or in part, by or painted onto, any

portion of a building; or situated on or attached in any manner to a wall or fence.

iv. Grouping. Not more than two temporary real estate directional signs may be permitted on a lot or parcel, each relating

to a different development. Each sign shall have an area of 32 square feet or less, and shall be grouped so as to present a unified appearance (i.e., uniform height and configuration). No signs shall be less than five feet apart. No sign in such

group shall be located within 300 feet of any other off-premise sign that is not part of the group, said distance to be measured in the manner specified in Section 6207(b)5.

v. Number of Signs. The maximum number of signs shall be limited to 4 for each development.

vi. Distance from Development. Signs shall not be located more than three air miles from the advertised development

within the Coastal Zone and 5 miles in all other unincorporated areas. Signs located within the Coastal Zone may only advertise developments within the Coastal Zone.

vii. Construction. Double-faced signs shall be so constructed that the area and perimeter of both faces coincide and are back to back in parallel planes at a distance not to exceed 24 inches apart.

viii. Sign Copy. Copy shall be limited to name of the development and the developer; size, type, address, telephone

number and price range of properties being offered and directional information.

ix. Lighting. Signs shall not be illuminated.

x. Appearance and Maintenance. Signs shall be maintained as required to assure a well-kept appearance free from graffiti and cracking or peeling paint. The back of single faced signs visible from adjacent property or a public road shall be

solid painted or stained in subdued colors or shall be screened from view.

xi. Movement. No sign shall move or rotate, nor display any moving and/or rotating parts. Wind propellers and other

noise creating devices shall not be permitted.

xii. Time Limit. Temporary Real Estate Directional Signs are allowed for a period not to exceed 2 years.

2. Community Identification Signs. Community Identification Signs are permitted to identify a community, its civic, fraternal, and religious organizations, and its community slogan or motto, if the following requirements are met:

   i. Number and Location. Not more than one sign may be located along any principal approach route to community village

   areas as delineated by the General Plan. Community Identification Signs installed in the public right- of-way shall be installed entirely within County of San Diego General Plan Mobility Element Roads rights-of-way. ii. Area and Height. Community Identification Sign area and height are subject to the following restrictions:

(a) Area: A ground-mounted sign may be single-faced or doublefaced with no face to exceed an area of 100 square feet. A street-

spanning sign located in the public right-of-way may be single-faced or doublefaced with no face to exceed an area of 225 square feet.

(b) Height: A street-spanning sign located in the public right-of-way may be allowed up to a height of 30 feet in order to provide a 16

foot minimum clearance between the lowest extremity of the sign and the highest ground elevation directly below. Ground-mounted signs shall not exceed a height of 20 feet.

iii. Movement. With the sole exception of a clock, no part of any sign shall move or rotate, nor display any moving and/or

rotating parts. The sign shall not include changeable copy or lights used to convey any messages or convey the effect of

movement, or flashing, intermittent or variable intensity lighting.

iv. The applicable community or sponsor group shall review the location to ensure that it is placed at the entrance of the community.

v. Site Plan. Obtain Site Plan permit prior to installation and modification of Community Identification Signs. Waivers,

exemptions or exceptions to the Site Plan review process shall not be granted. Repair or replacement of community identification signs in a manner that substantially conforms to the approved Site Plan or complete removal of community identification signs shall not require subsequent Site Plan review. A site plan permit, an encroachment permit and a construction permit shall be obtained prior to installation of any Community Identification Sign in the public right-of-way.

vi. No advertising messages, including business or corporate names, shall be allowed on Community Identification

Signs.

3. Directional Wayfinding Signs. Directional Wayfinding Signs are a network of uniform directional signs to identify and provide directional information along County maintained General Plan Mobility Element roads to local points of interest which are of a civic, cultural, visitor oriented or recreational nature. A site plan permit, an encroachment permit and a construction permit shall be obtained prior to installation of any Directional Wayfinding Sign.

i. Number and Location. Directional Wayfinding Signs may be placed no more than 5 miles from the destination. Directional Wayfinding Signs shall be installed entirely within County of San Diego General Plan Mobility Element Road right-of-way. No more than 50 Directional Wayfinding Signs may be used in any community planning area. Directional Wayfinding Signs shall not direct motorists off of any County maintained General Plan Mobility Element road.

ii. Point of Interest. Points of Interest eligible for Directional Wayfinding Signs must be open to the general public and be

for one of the following types of destinations:

(a) Civic Oriented: Business districts, town centers, fair grounds, and event centers that promote a community.

(b) Cultural: Performing arts centers, concert halls, exhibit centers, live theatres or other venues open to the public for viewing art or

crafts.

(c) Educational: Zoos, botanical gardens, nature centers, science centers and other facilities that provide educational opportunities.

(d) Historic: Any structures listed on the National Register of Historic Places and open to the public for guided tours.

(e) Recreational: Areas open to the general public for sporting events and leisure activity such as hiking, boating, fishing, pick nicking

and public golf courses offering at least 9 standard holes of play.

(f) Museum: Facility open at least 100 days per year in which works of artistic, historical or scientific value are exhibited.

(g) Winery/Brewery District: The center of a region or district containing at least two state licensed wineries or breweries that are open

to the public at least 100 days per year for guided tours, tasting or sales.

(h) Transportation: Facilities providing regular transportation by air or charter vehicle to at least 1,000 passengers per year.

iii. Spacing.

(a) Signs shall be a minimum of 500 feet apart, measured along the right-of-way.

(b) Signs shall be installed between 150 and 400 feet of the closet intersection where motorists must make a decision to turn or

continue on a path to arrive at a Point of Interest.

(c) Each Point of Interest may be designated on no more than 4 Directional Wayfinding Signs.

iv. Area, Height and Dimensions. Each sign shall be single-faced or double- faced with no face to exceed 32 square feet.

The bottom most portion of each sign shall be 7 feet above the ground. Each sign shall contain up to six destination shingles. The total area of the sign shall assume six shingles have been placed when calculating total sign area.

(a) Each destination shingle shall be an interchangeable sign no more than 1 foot high by 4 feet wide. Each destination shingle shall

contain one directional arrow pointing left, right or forward.

(b) Each destination shingle may contain one line of information with letters no more than 6 inches tall and 3 inches wide generally

descriptive of the destination.

(c) Each destination shingle may indicate the distance to the destination in miles.

(d) No more than one shingle shall be provided on any one sign for each Point of Interest

v. Design. All signs within a Community Planning Area shall contain a consistent color and design theme, as approved by

the Design Review Board or Community Planning or Sponsor Group. Signs shall not contain a scrolling or variable

message, moving parts or be illuminated.

vi. Site Plan. Obtain Site Plan permit for installation and modification of Directional Wayfinding Signs. Waivers,

exemptions or exceptions to the Site Plan review process shall not be granted. Repair or replacement of Directional Wayfinding Signs or destination shingles in a manner that substantially conforms to the approved installation or complete removal of Directional Wayfinding Signs shall not require subsequent Site Plan review.

vii. Advertising Prohibited. No advertising messages or slogans shall be allowed on Directional Wayfinding Signs. The

name of a business when descriptive of the Point of Interest is allowed.

4. Temporary Open House Directional Signs. Temporary Open House Directional Signs are off-premise signs providing directions to an existing individual dwelling that is offered for resale. Such signs are permitted if the following conditions are met: i. Display shall be limited to daylight hours, after which time the signs shall be removed. ii. Placement shall be only on private property, not in public road rights-of- way, and shall be subject to the property owner's permission. iii. Signs shall be limited to no larger than four square feet in area. iv. No more than one such sign shall be placed on any parcel, except for corner lots which may have one such sign on each street frontage. v. Sign copy shall state "Open House" and, in addition shall be limited to the name and phone number of the person and/or agency offering the property for sale, the address of or direction to the property, and a directional arrow. vi. Signs must be related to an individual dwelling that is offered for resale only. 5. Commercial or Industrial Center Identification Signs. Upon issuance of an Administrative Permit, freestanding or monument signs may be authorized to identify a multi-tenant commercial or industrial center, and/or its tenants which are on more than one contiguous lot or parcel. If the sign is proposed in an area having zoning that requires Site Plan review of such signs, then no Administrative Permit is required. The following requirements shall be met: i. Location. Commercial or Industrial Center Identification Signs may be located within the boundaries of a commercial or industrial center that can visually and functionally be identified as a unified development.

ii. Number, Area, Height and other standards. Commercial or Industrial Center Identification Signs may be substituted for on-premise signs normally permitted by Section 6263, provided they comply with the sign standards that would apply to such on-premise signs.

iii. Site Plan. Obtain any required Site Plan permit, or Site Plan permit exemption.

6. Neighborhood and Business Watch Program Signs. Neighborhood Watch and Business Watch Program Signs installed as part of a County Sheriff’s Department or other federal, state or local police force program to deter crime.

   i. Size.

(a) Neighborhood Watch Signs. Neighborhood Watch Signs may be installed within areas zoned and developed for residential use.

The signs shall be no more than 18 inches wide and 24 inches tall.

(b) Business Watch Signs. Business Watch Signs may be installed in areas zoned and developed for commercial, retail, office or industrial uses. The signs shall be no more than 18 inches wide by 24 inches tall.

ii. Location and Height. Signs shall be mounted at right angles to the road right-of-way. Signs shall be mounted at least

10 feet above the ground on poles approved by the Director of Public Works. Neighborhood and Business Watch Program Signs that are not located entirely on private property shall be installed entirely within County of San Diego road right-of- way. An encroachment permit shall be required for signs installed within County maintained right-of-way.

iii. Design. Signs shall be subject to approval by the Director of Public Works

7. Temporary Community Event Banners. Banners to announce or promote a community, cultural, or civic event open to the general public or of general public interest such as a street fair or parade may be located within the right-of-way of a County maintained road identified on the Mobility Element of the General Plan. The banners may be either Street Spanning Banners or Vertical Pole Mounted Banners. Banners shall not be used for commercial advertising for the sale or promotion of goods or services.

   i. Horizontal Street Spanning Banners.

(a) Size. Streets Spanning Banners may be up to 4 feet high and no wider than the traveled lanes up to a maximum of 70 feet.

Banners may not be illuminated.

(b) Height. The lowest portion of the Street Spanning Banner shall be at least 19 feet above the highest portion of the road right-of-

way where vehicles may travel. Supporting cords or other elements of the banner shall be at least 10 feet above the ground if located outside the portion of the right-of-way where vehicles travel.

(c) Location. Street Spanning Banners may only be attached to poles located entirely within the County maintained right-of-way.

Street spanning banners shall be limited to village areas designated by the General Plan. Attaching banners to trees, utility poles, vehicles, or other structures not designed to accommodate the banners is prohibited. An encroachment permit shall be obtained prior to installation of any Horizontal Street Spanning Banners. A construction permit shall be obtained prior to installation of any Horizontal Street Spanning Banner pole.

(d) Duration: Banners shall be installed no more than 30 days before the community event and shall be removed within 7 days after

the event.

(e) Number of Signs. No more than 1 Street Spanning Banner shall be allowed in each village.

(f) Design. Street Spanning Banners must include the name, date and location of the event. The banners shall be subject to approval of the Director, Department of Public Works, and shall be made from durable material that is capable of withstanding at least a 60 MPH wind without tearing, breaking away or collapse. The banners may be double sided and may include graphic designs, images or art relating to the event. The name and logo of sponsors shall be limited to 20% of the area of the sign. Signs shall not be illuminated.

(g) Site Plan. Obtain Site Plan permit for installation and modification of banner and permanent banner poles. Waivers, exemptions or

exceptions to the Site Plan review process shall not be granted. Repair or replacement of event banners in a manner that substantially conforms to the approved installation or complete removal of banners shall not require subsequent Site Plan review.

ii. Vertical Pole Mounted Banners.

(a) Size.

(1) On poles 20 feet in height or taller, the banners shall be 30 inches wide by 72 inches tall.

(2) On poles of less than 20 feet in height, the banners shall be 24 inches wide by 60 inches tall.

(b) Height. The bottom most edge of all banners shall be a minimum of 10 feet above the highest point of the grade below; except,

that if any part of the banner extends over the edge of a travel way where vehicles may drive, the bottom most edge of the banner shall be at least 19 feet above the surface of the travel way.

(c) Location. Vertical Pole Mounted Banners may be installed on street light poles maintained by the San Diego County Street

Lighting District within the right-of-way of Mobility Element Roads in village areas identified in the General Plan. An encroachment permit shall be obtained prior to installation of any Vertical Pole Mounted Banners.

(d) Duration: Banners shall be installed no more than 30 days before the community event and shall be removed within 7 days after

the event. Community oriented banners generally identifying the community or neighborhood may be installed as placeholder banners between community events.

(e) Number of Signs and Spacing. No more than 50 light poles for a total of 100 banners (up to 2 side-by-side banners per pole) may

be used for banner installations for any one event. Minimum spacing as described in 6207.a.1 does not apply.

(f) Design. The banners shall be subject to approval of the Director, Department of Public Works, and shall be made from durable

material that is capable of withstanding at least a 60 MPH wind without tearing, breaking away or collapse. The banners may be double sided and may include graphic designs, images or art relating to the event. The name and logo of sponsors shall be limited to 20% of the area of the sign. Banners shall not be illuminated.

(g) Attachment. Banners shall be installed with a top and bottom hanging bracket system as approved by the Director of the Department of Public Works.

(h) Site Plan. Obtain Site Plan permit for installation and modification of banner or banner pole locations. Waivers, exemptions or exceptions to the Site Plan review process shall not be granted. Repair or replacement of banners on approved poles in a manner that substantially conforms to the approved installation or complete removal of banners shall not require subsequent Site Plan review.

8. Community Information Signs. Community Information Signs are permitted to identify community events and enhance

community character if the following requirements are met:

i. Number and Location. Not more than four signs may be located in a village area as delineated in the General Plan.

Community Information Signs shall be installed entirely within County of San Diego General Plan Mobility Element Road right-of-way. Signs shall not be located within 500 feet of intersections. A site plan permit, an encroachment permit and a construction permit shall be obtained prior to installation of any Community Information Sign.

ii. Area and Height. Each sign shall be single-faced or double-faced with no face to exceed 32 square feet. Each sign

shall contain up to six changeable community event shingles. The total area of the sign shall assume six shingles have

been placed when calculating total sign area.

(a) Each event shingle shall be an interchangeable sign no more than 1 foot high by 4 feet wide.

(b) Each event shingle may contain one or more lines of information with letters no more than 6 inches tall and 3 inches wide.

(c) No more than one shingle shall be provided on any one sign for each event.

(d) Each shingle may only specify the name, location, date and time of an event. The event must be open to the public and have an

anticipated attendance of at least 200 people. Blank placeholder shingles are allowed when no community events are scheduled.

iii. Movement. No part of any sign shall move or rotate, nor display any moving and/or rotating parts. The sign shall not

include changeable copy or lights used to convey any messages or convey the effect of movement, or flashing, intermittent or variable intensity lighting.

iv. Design. The applicable community or sponsor group shall review the location to ensure that it is placed at community

centers. All signs within a Community Planning Area shall contain a consistent color and design theme, as approved by the Design Review Board or Community Planning or Sponsor Group.

v. Site Plan. Obtain Site Plan permit for installation and modification of Community Information Signs. Waivers, exemptions or exceptions to the Site Plan review process shall not be granted. Repair or replacement of Community Information Signs in a manner that substantially conforms to the approved Site Plan or complete removal of Community Information Signs shall not require subsequent Site Plan review.

vi. No advertising messages, including business or corporate names, shall be allowed on Community Information Signs.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 5786 (N.S.) adopted 6-4-80)

(Amended by Ord. No. 6389 (N.S.) adopted 7-7-82)

(Amended by Ord. No. 6506 (N.S.) adopted 1-5-83)

(Amended by Ord. No. 6691 (N.S.) adopted 11-30-83)

(Amended by Ord. No. 6761 (N.S.) adopted 4-25-84)

(Amended by Ord. No. 6864 (N.S.) adopted 11-07-84)

(Amended by Ord. No. 7169 (N.S.) adopted 7-09-86)

(Amended by Ord. No. 7658 (N.S.) adopted 08-02-89)

(Amended by Ord. No. 8028 (N.S.) adopted 1-15-92)

(Amended by Ord. No. 8114 (N.S.) adopted 7-29-92)

(Amended by Ord. No. 8555 (N.S.) adopted 7-14-95)

(Amended by Ord. No. 8962 (N.S.) adopted 9-23-98)

(Amended by Ord. No. 9101 (N.S.) adopted 12-8-99)

(Amended by Ord. No. 9472 (N.S.) adopted 5-15-02)

(Amended by Ord. No. 9935 (N.S.) adopted 4-23-08)

(Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

(Amended by Ord. No. 10322 (N.S.) adopted 1-29-14)

6208 ADMINISTRATIVE PERMIT APPLICATION.

An Administrative Permit may be issued as provided by the Procedure at Section7050 and pursuant to these regulations. The application for an Administrative Permit shall include the written consent of the owner, lessee, or other person having legal possession of the property upon which a sign is to be situated and shall be accompanied by the fee fixed pursuant to Section 7602.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6506 (N.S.) adopted 1-5-83)

(Amended by Ord. No. 6691 (N.S.) adopted 11-30-83)

(Amended by Ord. No. 9472 (N.S.) adopted 5-15-02)

6211 BUILDING PERMIT REQUIRED.

Issuance of Administrative Permits does not eliminate the need for obtaining a building permit pursuant to the Uniform Building Code.

(Amended by Ord. No. 6691 (N.S.) adopted 11-30-83)

(Amended by Ord. No. 9472 (N.S.) adopted 5-15-02)

6212 ISSUANCE OR DENIAL

The Director or whomever is charged with permitting a particular sign pursuant to this Zoning Ordinance shall, within sixty (60) days of the filing of a complete permit application, approve and issue the permit if the standards and requirements of this part have been met, unless the time is mutually extended by the parties. No action by the Director within 60 days shall constitute a denial. All signs to be installed within County maintained road right-of-way are subject to the requirements and timeframe to obtain an encroachment permit from the Director, Department of Public Works, as specified in Title 7, Division 1, commencing with Section 71.101 of the San Diego County Code.

(Amended by Ord. No. 6506 (N.S.) adopted 1-5-83)

(Amended by Ord. No. 6691 (N.S.) adopted 11-30-83)

(Amended by Ord. No. 7169 (N.S.) adopted 7-09-86)

(Amended by Ord. No. 9472 (N.S.) adopted 5-15-02)

(Amended by Ord. No. 10222 (N.S.) adopted 9-25-12. Opr. 11-26-12)

(Amended by Ord. No. 10322 (N.S.) adopted 1-29-14)

6214 NONCONFORMING SIGNS - ABATEMENT SCHEDULE.

Notwithstanding the Nonconformity Regulations commencing at Section 6850 every sign that does not conform to these regulations shall be deemed to be nonconforming and shall be removed, or altered to conform with these regulations as follows:

a. Illegal/Abandoned Signs. Illegal and/or abandoned signs shall be removed or brought into conformance immediately.

b. Signs in residential and agricultural zones. Nonconforming signs located on property subject to Residential Use Regulations or Agricultural Use Regulations shall be removed without compensation in accordance with Section 5412.1 and 5412.3, respectively, of the California Business and Professions Code.

(Amended by Ord. No. 5786 (N.S.) adopted 6-4-80)

(Amended by Ord. No. 6506 (N.S.) adopted 1-5-83)

(Amended by Ord. No. 6691 (N.S.) adopted 11-30-83)

(Amended by Ord. No. 7169 (N.S.) adopted 7-09-86)

(Amended by Ord. No. 9472 (N.S.) adopted 5-15-02)

6217 ABATEMENT OF SIGN VIOLATIONS.

In the event a nonconforming sign is not removed or brought into compliance, or a sign is constructed or maintained in violation of these regulations, the Director shall order such sign to be abated by the owner thereof, or by the owner of the premises upon which it is located, or by any other person responsible for the sign by notice in the form of registered mail. If the Director orders the abatement of any nonconforming, abandoned or illegal sign, such abatement shall be completed within 30 days after receipt of notice to abate by the sign owner, landowner, or any person responsible for the sign. However, the person so notified may within 10 days request, in writing, an informal administrative hearing by the Director; the decision of said hearing to be final.

If the sign is not abated at the end of the 30 day period, or if a hearing is requested, at the end of the time specified, the Director may inform the Director of Public Works who may cause County forces to enter the property forthwith to remove and impound the sign. The remedy provided in this paragraph shall not be exclusive but shall be in addition to the remedies provided in the Enforcement Procedure at Section 7700 and Title 7, Division 1, commencing with Section 71.101 of the San Diego County Code for off-premises signs installed in County road right-of-way.

(Amended by Ord. No. 6506 (N.S.) adopted 1-5-83)

(Amended by Ord. No. 6691 (N.S.) adopted 11-30-83)

(Amended by Ord. No. 8555 (N.S.) adopted 7-14-95)

(Amended by Ord. No. 8962 (N.S.) adopted 9-23-98)

(Amended by Ord. No. 10322 (N.S.) adopted 1-29-14)

6218 MANNER OF ABATEMENT OF NONCONFORMING SIGNS.

Unless some other means of abatement is approved by the Director, abatement of nonconforming signs shall be accomplished in the

following manner:

a. Signs Painted on Buildings, Walls, Fences and Other Structures or Things. By removal of the paint that constitutes the sign, or by painting over it with a color that matches or closely resembles the color of the building or structure, wall, fence, or thing, so that the sign shall not thereafter be visible.

b. Other Signs. By complete removal of the sign and all dependent structures and supports; or, after issuance of an Administrative Permit therefore, by modification, alteration, relocation or replacement thereof in conformance with these regulations.

(Amended by Ord. No. 6506 (N.S.) adopted 1-5-83)

(Amended by Ord. No. 6691 (N.S.) adopted 11-30-83)

(Amended by Ord. No. 8555 (N.S.) adopted 7-14-95)

(Amended by Ord. No. 8962 (N.S.) adopted 9-23-98)

(Amended by Ord. No. 9472 (N.S.) adopted 5-15-02)

6219 MAINTENANCE OF NONCONFORMING SIGNS.

Nothing in these regulations shall prevent normal maintenance or repair of any nonconforming sign or sign structure. Normal maintenance or repair shall be limited to only the following:

a. Advertising changes.

b. Routine cleaning and painting.

c. Replacement of nuts, bolts, screws, or nails.

d. Re-leveling or plumbing the structure without the addition of guys or struts for stabilization.

Any changes such as extensions, enlargements, replacements, or the rebuilding of a non-conforming sign is prohibited.

(Amended by Ord. No. 6691 (N.S.) adopted 11-30-83)

(Amended by Ord. No. 7169 (N.S.) adopted 7-09-86)

6220 COMPENSATION FOR SIGN REMOVAL.

Compensation shall be awarded as provided by the Outdoor Advertising Act (Business and Professions Code, Section 5412 et seq.), State of California.

(Added by Ord. No. 7169 (N.S.) adopted 7-09-86)

6221 SEVERABILITY.

If any section, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Board of Supervisors hereby declares that it would have passed this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional.

(Added by Ord. No. 9472 (N.S.) adopted 5-15-02)

ON-PREMISE SIGN REGULATIONS

6250 TITLE AND PURPOSE.

The provisions of Section 6250 through 6299, inclusive, shall be known as the On-Premise Sign Regulations. It is the purpose of these provisions to establish a comprehensive system for the regulation of on-premise signs. It is intended that these regulations provide a reasonable level of sign standards and controls in order that the public convenience may be properly served and enhanced; and through the regulation of such elements as the number, size, height and location of signs, and the orderly upgrading of outmoded and excessive sign displays, to protect the public welfare, promote traffic safety, prevent blight, promote aesthetics and make substantial contribution toward accomplishing a more desirable Countywide environment.

(Amended by Ord No. 9472 (N.S.) adopted 5-15-02)

6252 EXEMPT ON-PREMISE SIGNS.

The following shall be exempt from these regulations and shall not require sign permits.

a. Directional, warning or informational signs required or authorized by law which are erected by federal, state, county, municipal, or hospital district officials.

b. Official notices issued by a court or public body or office and posted in the performance of a public duty.

c. Danger signs, railroad crossing signs and signs of public utility companies indicating danger and aids to service or safety.

d. House numbers and only one sign per house not exceeding 2 square feet in area displaying name and occupation of occupant.

e. "No Trespassing," and "No Parking" and similar warning signs.

f. Flags, emblems and insignia of a nation or political subdivision.

g. Commemorative signs or plaques of historical organizations.

h. Temporary displays of a civic, political, patriotic, religious or charitable nature.

i. Signs on public transportation vehicles regulated by a political subdivision, including but not limited to buses and taxicabs.

j. Signs on licensed commercial vehicles.

k. Signs that are not intended to be viewed from public streets and or beyond the premises and are not legible therefrom such as signs in interior areas of shopping centers, commercial buildings and structures, ball parks, stadiums, race tracks and similar uses of a recreational or entertainment nature.

l. Changing the copy of a sign and/or performing maintenance that does not involve structural changes.

m. On each lot or parcel, one sign not larger than 4 square feet in size specifying the zone of the property, the uses of such property authorized by this ordinance and/or the fact that a Major or Minor Use Permit has been granted for the use of the property.

n. Incidental signs showing trading stamps offered, credit cards accepted, notices of services required by law, trade affiliations, and the like, attached to a freestanding sign structure or building; provided that all of the following conditions hold:

1. The signs number no more than 4.

2. No such sign projects beyond any property line.

3. No such sign shall exceed an area per face of 5 square feet.

o. Signs on awnings or removable canopies not permanently attached to or built as part of a building, subject to the following conditions:

1. No such sign shall exceed an area of 4 square feet on any side of such awning or canopy.

2. The sign copy shall be limited to name, occupation, street address, telephone number, and/or date of establishment, which copy may relate to one or more separate establishments.

p. Tenant Identification signs, provided that all of the following conditions hold:

1. No more than 2 such signs having an area of not more than 4 square feet each may be placed on a building facing or fence.

2. The sign copy shall be limited to name, occupation, street address, telephone number, date of establishment, trade organization associations, and/or names of products produced under registered trade names, which copy may relate to one or more separate establishments.

q. Occupant directory sign of not more than 20 square feet.

r. Temporary window signs constructed of paper, cloth or similar expendable material, provided:

1. The total area of such signs shall not exceed 25 percent of the window area.

2. Such signs shall be affixed only to the interior window surface for a short period of time to promote a particular sale of produce or merchandise.

s. One sign not exceeding 32 square feet offering premises for sale or lease, shall be permitted along each frontage, except that for any frontage in excess of 500 feet, a sign not exceeding 64 square feet shall be permitted. No sign shall exceed a height of 12 feet. In residential zones, such signs are limited to 4 square feet in area and a maximum height of 6 feet.

t. Temporary construction site signs, provided that all of the following conditions hold:

1. One nonilluminated sign having a total area of not more than 160 square feet shall be permitted along each frontage; except that 2 such signs may be placed along a frontage having a length in excess of 500 feet.

2. Such signs may be either freestanding or wall signs or may be mounted on a temporary construction fence, and shall be permitted only for the duration of the construction with which associated. Such signs will not be subject to the regulations applicable to freestanding signs or wall signs.

3. Such signs may not exceed a height of 20 feet.

u. One sign less than or equal to 12 square feet in area for an allowed roadside sales stand, wholesale nursery, Small Winery or Boutique Winery identifying and advertising agricultural products produced on the premises.

v. One identification sign up to 20 square feet identifying a residential development, multiple dwellings, a horse stable, clubs and similar uses on each street frontage affording primary access to the site.

w. Identification signs up to a total of 40 square feet identifying hotels, motels, hospitals, parking garages, institutions of religious, educational, philanthropic or charitable nature, and resort service uses subject to the Resort Services Regulations at Section 6400.

x. For any use type allowed by the granting of a major use permit, placement, number, and size of on-premise signs shall be determined by the conditions of approval of the major use permit.

y. Signs for recycling facilities provided that all of the following conditions hold:

1. Recycling facilities may have identification signs with a maximum area of 20 percent of each receptacle side or 16 square feet, whichever is smaller. In the case of a wheeled receptacle, the side shall be measured from the pavement to the top of the receptacle;

2. Directional signs, bearing no advertising message, may be installed with the approval of the Director if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of way;

3. The Director may authorize increases in the number and size of signs upon finding that such increases are compatible with adjacent businesses.

z. In each instance and under the same conditions as this chapter permits any sign, a sign containing an ideological, political or other

non-commercial message and constructed to the same physical dimensions and characteristic shall be permitted.

(Amended by Ord. No. 6389 (N.S.) adopted 7-7-82)

(Amended by Ord. No. 6543 (N.S.) adopted 3-2-83)

(Amended by Ord. No. 6691 (N.S.) adopted 11-30-83)

(Amended by Ord. No. 6983 (N.S.) adopted 7-03-85)

(Amended by Ord. No. 7740 (N.S.) adopted 3-28-90)

(Amended by Ord. No. 8058 (N.S.) adopted 4-15-92)

(Amended by Ord. No. 9472 (N.S.) adopted 5-12-02)

(Amended by Ord. No. 9958 (N.S.) adopted 12-10-08)

(Amended by Ord. No. 10067 (N.S.) adopted 8-4-10)

(Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

(Amended by Ord. No. 10285 (N.S.) adopted 9-11-13)

6259 PORTABLE ON-PREMISE SIGNS PROHIBITED.

Portable on-premise signs shall be prohibited.

6261 ON-PREMISE SIGNS REGULATED.

Except for the signs specified in Sections 6252, 6259, 6268 and 6269, on-premise signs may be erected, constructed, placed, created by painting, structurally altered, relocated or maintained provided that a building permit has been issued subject to the following provisions:

a. Permitted Locations. On-premise signs may be placed in the following locations, unless prohibited:

1. On premises subject to the C34, C35, C36, C37, C38, C40, C42, C44, M50, M52, M54, and M58 Use Regulations.

2. On premises in any zone where a nonconforming commercial or industrial use type exists.

3. Fallbrook Village Zones.

4. Camp Lockett Master Plan Zones. (Amended by Ord. No. 10700 (N.S.) adopted 12-9-20)

b. Restricted Locations. Locations subject to Special Area Regulations and to use permits shall be additionally subject to the following limitations:

1. On-premise signs are permitted in zones subject to the Scenic Area Regulations or Historic/Archaeological Landmark and District Area Regulations in accordance with an approved Site Plan. The aggregate area of all signs for any premises shall not exceed one square foot for each linear foot of street frontage. The aggregate sign area for each establishment shall not exceed one square foot for each linear foot of building. No establishment shall have an aggregate sign area greater than 100 square feet. 2. On premise signs are permitted on sites subject to use permits in accordance with the terms and conditions of the use permit or modification. Signs may be altered, relocated or added upon the issuance of a minor use permit provided that such change is not specifically prohibited by the use permit condition. c. Setbacks. Freestanding and projecting signs may be located in or project into any portion of the premises in a commercial or industrial zone.

   d. Permitted Combinations of Sign Types.

   1. Roof signs shall be permitted in combination only with wall signs, except no roof signs shall be permitted within the California Coastal Zone or in conjunction with an adult entertainment establishment.

   2. Projecting signs are permitted in combination only with wall signs and one freestanding sign, except no projecting signs shall be permitted in conjunction with an adult entertainment establishment.

   3. Two freestanding signs, where permitted, shall be permitted in combination with wall signs. A projecting sign may be substituted for one freestanding sign, except no projecting sign shall be permitted in conjunction with an adult entertainment establishment.

   e. Lighting. Signs may be illuminated unless otherwise specified, provided such signs are so constructed that no light bulb, tube, filament or similar source of illumination is visible beyond the property lines. Neon signs are permitted provided they do not flash. Signs making use of lights to convey the effect of movement, or flashing, intermittent or variable intensity lighting shall not be permitted, except as allowed herein. Electronic or electrically controlled signs that contain a moving message, or a message that appears to move, shall be allowed only upon issuance of an Administrative Permit, and shall be additionally subject to the following limitations:

   1. The characters incorporated into the message shall not change in intensity, hue or size as they move across the sign.

   2. Such signs shall be limited to the C36, C37, M52, M54, and M58 zones within the Village Regional Category of the Land Use Element of the General Plan, and to properties abutting streets that are categorized in the Mobility Element of the General Plan as Community, Light or Minor Collector Roads, Boulevard, Major Roads, Prime Arterial or Expressway.

2. Such signs shall not be allowed in areas subject to the S Scenic Special Area Regulations Designator.

   4. The Site Plan permit exemption provisions of Section 7156(b). shall not be applied to any Site Plan proposing such signs.

3. The Administrative Permit application shall be provided to the Director of Public Works for review and recommendation, including appropriate limits on the intensity of lights allowed and that the location and design of the sign shall not create a traffic hazard, prior to final action. f. Movement. No signs shall move or rotate, nor display any moving and/or rotating parts. Wind propellers and other noise creating devices shall not be permitted.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 5809 (N.S.) adopted 6-18-80, operative 9-1-80)

(Amended by Ord. No. 6187 (N.S.) adopted 11-18-81)

(Amended by Ord. No. 6506 (N.S.) adopted 1-5-83)

(Amended by Ord. No. 6691 (N.S.) adopted 11-30-83)

(Amended by Ord. No. 6743 (N.S.) effective 1-11-85)

(Amended by Ord. No. 7829 (N.S.) adopted 10-24-90)

(Amended by Ord. No. 8015 (N.S.) adopted 12-04-91)

(Amended by Ord. No. 8114 (N.S.) adopted 7-29-92)

(Amended by Ord. No. 9472 (N.S.) adopted 5-12-02)

(Amended by Ord. No. 9620 (N.S.) adopted 12-10-03)

(Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

(Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

(Amended by Ord. No. 10700 (N.S.) adopted 12-9-20)

6263 FREESTANDING SIGNS.

a. Number Permitted.

1. Premises having a minimum of 50 feet of frontage may be permitted one freestanding sign for each street frontage. Premises having a frontage of 250 feet or more along the same street may have one additional freestanding sign, except that an adult entertainment establishment shall be limited to one freestanding sign for each street frontage.

2. Where two (2) freestanding signs are permitted on a frontage, the allowable area may be combined into one sign, provided the area does not exceed a maximum area of 200 square feet.

3. One freestanding freeway-oriented sign may be substituted for one permitted freestanding sign, except that an adult entertainment establishment shall not substitute a freeway-oriented sign.

4. One sign to identify freeway service facilities is permitted such an establishment as provided by the following subsection (c) (2).

b. Area.

1. The area of a freestanding sign shall not exceed 1.25 square feet for each linear foot of street frontage, provided the area does not exceed 175 square feet, except that the area of a freestanding sign in conjunction with an adult entertainment establishment shall not exceed 10 feet in height or width and a total of 100 square feet.

2. The maximum area of a freeway oriented sign shall not exceed 300 square feet.

c. Height.

1. A freestanding sign shall not exceed a height measured from the ground of:

i. Eight feet in zones within the California Coastal Zone except that freeway oriented signs shall be subject to the hereinafter specified height limits pertaining to such signs;

ii. Twenty feet in zones subject to the Scenic Area and Historic/Archaeological Landmark and District Regulations;

iii. Twenty-five feet in any zone subject to the C34, C35, C36, C40, C42, C44, M50 and M52 Use Regulations; or

iv. Thirty-five feet in any zone subject to the C37, C38, M54 and M58 Use Regulations.

v. Six feet in Fallbrook Village Zones FB-V1, FB-V2, FB-V3, FB-V4 and FB- V5.

2. A freeway-oriented sign may be increased 10 feet above the height specified in paragraph 1 above.

d. Clearance. A freestanding sign that projects above a driveway, parking lot aisle or parking space, shall maintain a clearance of 8 feet. A clearance less than 16 feet, shall be clearly labeled at the bottom of each sign face.

e. Projection Over Roof. Any freestanding sign that projects over the roof of a building shall be considered a roof sign for the purpose of establishing the allowable area and shall be subject to the area standards specified in Section 6266.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 5809 (N.S.) adopted 6-18-80, operative 9-1-80)

(Amended by Ord. No. 6187 (N.S.) adopted 11-18-81)

(Amended by Ord. No. 6506 (N.S.) adopted 1-5-83)

(Amended by Ord. No. 6691 (N.S.) adopted 11-30-83)

(Amended by Ord. No. 6743 (N.S.) effective 1-11-85)

(Amended by Ord. No. 8015 (N.S.) adopted 12-04-91)

(Amended by Ord. No. 8114 (N.S.) adopted 7-29-92)

(Amended by Ord. No. 9472 (N.S.) adopted 5-15-02)

(Amended by Ord. No. 9620 (N.S.) adopted 12-10-03)

(Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

(Amended by Ord. No. 10348 (N.S.) adopted 7-30-14)

6265 WALL SIGNS.

a. Area. The maximum area of wall signs, including permanent window signs, on a single building facing shall be calculated as follows:

1. Where wall signs are the only sign type on the premises the area shall not exceed 3.5 square feet for each linear foot of building facing, not to exceed a maximum of 350 square feet per building face, except that the area of said wall sign(s) in conjunction with an adult entertainment establishment shall not exceed 15 feet in height or width and a total of 225 square feet.

2. Where a wall sign(s) and a freestanding sign(s) are used in combination on a premise the area of the wall sign shall not exceed 1.5 square feet for each linear foot of building facing, not to exceed a maximum of 250 square feet per building face, except that the area of said wall sign(s) in conjunction with an adult entertainment establishment shall not exceed 10 feet in height or width and a total of 100 square feet.

3. Where wall signs are combined with projecting or roof signs (no freestanding signs) on the premises the area of the wall sign shall not exceed 1.0 square feet for each linear foot of building facing, not to exceed a maximum of 200 square feet per building facing.

4. The allowable area for wall signs on one frontage shall not be combined with the allowable area for wall signs on another frontage.

5. Each establishment shall be permitted a wall sign of 50 square feet provided no freestanding, roof or projecting signs are located on the same premises.

b. Location. Wall signs may not project above the top of a parapet, the roof line at the wall, or roof line. Wall signs on a sloping roof may not project above the ridge line.

(Amended by Ord. No. 8015 (N.S.) adopted 12-04-91)

6266 ROOF SIGNS.

a. Permit Required. A roof sign is permitted by issuance of an Administrative Permit upon the finding by the Director that no alternate sign location exists on the premises that would provide reasonable exposure except that no permit for roof signs shall be issued in the area covered by the California Coastal Zone or along State or County designated scenic highways or in conjunction with an adult entertainment establishment.

b. Number. Only one roof sign consisting of not more than 2 faces may be permitted for any premises.

c. Area. The permitted areas of roof signs shall be calculated in accordance with the following:

1. The area of a roof sign shall not exceed 1.0 square foot for each linear foot of street frontage not to exceed a maximum of 100 square feet.

2. The maximum area of a freeway oriented roof sign shall not exceed 200 square feet.

d. Height. Maximum height shall be 10 feet above the roof height measured at the top of the parapet or the ridge line as appropriate notwithstanding the height limit of the zone.

(Amended by Ord. No. 6506 (N.S.) adopted 1-5-83)

(Amended by Ord. No. 6691 (N.S.) adopted 11-30-83)

(Amended by Ord. No. 6743 (N.S.) effective 1-11-85)

(Amended by Ord. No. 8015 (N.S.) adopted 12-04-91)

(Amended by Ord. No. 9472 (N.S.) adopted 5-15-02)

6267 PROJECTING SIGNS.

Projecting signs may be erected or placed in accordance with the following provisions:

a. Number. An establishment with frontage on a street may have one projecting sign along each street instead of a freestanding sign or a roof sign, except no projecting sign shall be permitted in conjunction with an adult entertainment establishment.

b. Area. The area of a projecting sign shall not exceed 0.5 square foot for each linear foot of building facing not to exceed 100 square feet.

c. Height. Projecting signs may not extend above the roof line at the wall or above the top of a parapet wall.

d. Installation. Projecting signs shall be so installed that support is not visible.

(Amended by Ord. No. 6691 (N.S.) adopted 11-30-83)

(Amended by Ord. No. 8015 (N.S.) adopted 12-04-91)

6268 OTHER SIGN TYPES.

In addition to the foregoing types of signs, the following signs shall be permitted in any location. The area of these signs shall be in addition to the aforesaid maximum sign areas.

a. Directional Signs. Signs to direct or control on-premise traffic or parking provided such signs do not exceed an area per face of 8 square feet nor a height of 8 feet.

b. Accessory Signs-Drive-In and Drive-Through Businesses. Such signs shall not be designed to be viewed from beyond the premises and each shall not exceed 25 square feet per frontage.

c. Banners, Pennants and Similar Devices. Strings or individual banners, streamers, inflatables, pennants and similar devices; provided that one of the following holds:

1. Such signs are for the purpose of calling attention to a grand opening of a new business. Any required Site Plan permit, or Site Plan permit exemption, shall be obtained from the Department. Such temporary signs may be displayed for a maximum of 60 days and then must be removed from display.

2. Such signs are for the purpose of calling attention to a temporary use accessory to residential construction pursuant to the Temporary Use Regulations at Section 6116. Such signs are permitted along both sides of the interior street affording principal access to the model homes and within that portion of the subdivision or other residential development devoted to display of model homes, provided:

   i. Except as hereinafter specified, each flag, banner, or pennant must be affixed to a separate standard implanted in the

   ground.

   ii. Said standards are to be spaced at least 10 feet apart and, except as hereinafter specified, are not to exceed 12 feet

   in height.

   iii. One flagpole not exceeding the height limit of the applicable zone may be provided within the area devoted to display

   of model homes and may be used only to display flags.

d. Service Station Signs. One sign relating to grades and prices of gasoline and diesel fuel shall be permitted per station frontage.

e. Temporary Real Estate Signs. The following temporary signs for the purpose of promoting initial residential sales are permitted pursuant to the Temporary Use Regulations at Section 6116 and 7156 and are in addition to the banners, pennants and similar devices permitted at Section 6268 (c):

1. Unlighted freestanding signs identifying the residential development provided that the aggregate area of all signs shall not exceed 800 square feet. One such sign may have a maximum area of 200 square feet provided no other sign exceeds an area of 100 square feet. One sign may be adjacent to each street which provides access to the residential development. 2. One unlighted sign not exceeding 16 square feet in area for each model home and sales office. f. Mobilehome and Recreation Vehicle Park Signs. Signs located within mobilehome or recreational vehicle parks may be permitted subject to the following

   1. One wall sign or freestanding sign identifying the mobilehome or recreational vehicle park is permitted adjacent to each street which provides primary access to the park. No freestanding sign shall exceed a height of 8 feet. No sign shall exceed 32 square feet in area.

   2. One directional sign without any advertising at each driveway. Each sign shall not exceed 8 square feet or 8 feet in height. Directional signs may be lighted.

(Amended by Ord. No. 5612 (N.S.) adopted 10-10-79)

(Amended by Ord. No. 5786 (N.S.) adopted 6-4-80)

(Amended by Ord. No. 6506 (N.S.) adopted 1-5-83)

(Amended by Ord. No. 6691 (N.S.) adopted 11-30-83)

(Amended by Ord. No. 9101 (N.S.) adopted 12-8-99)

(Amended by Ord. No. 9472 (N.S.) adopted 5-15-02)

(Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

6269 SIGNS IN THE RC, C30, C31 AND C32 USE REGULATIONS.

Signs are permitted in the C30, C31 and C32 Use Regulations and for Commercial Use Types in the RC Use Regulations as follows:

a. One wall sign on each wall of a building facing a street but not more than two wall signs for each building, provided that each sign shall be limited to a maximum area of 20 square feet.

b. One monument sign on each street frontage of the premises.

c. One occupant directory sign at or near each principal entrance to a multiple occupancy building in lieu of a wall sign permitted by (a)

above.

d. One sign of 12 square feet or less for each building facing/tenant occupancy in lieu of one wall sign per building frontage.

(Added by Ord. No. 6691 (N.S.) adopted 11-30-83)

6271 ON-PREMISE SIGNS -- APPLICATION AND FEES.

Applications for signs specified in Sections 6261 through 6269 shall be signed by the owner or include a statement signed by the owner, lessee or other person having legal possession of the property upon which a sign is to be situated giving his/her consent to the application for placement of such sign thereon. An application shall be accompanied by the fee prescribed in Section 7602 and shall list and describe all existing signs on the premises.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6506 (N.S.) adopted 1-5-83)

(Amended by Ord. No. 6691 (N.S.) adopted 11-30-83)

(Amended by Ord. No. 9472 (N.S.) adopted 5-15-02

6277 BUILDING PERMIT REQUIRED.

Issuance of Administrative Permit does not preclude the requirement for obtaining a building permit pursuant to the Uniform Building Code.

(Amended by Ord. No. 6691 (N.S.) adopted 11-30-83)

6279 ISSUANCE OR DENIAL.

The Director or whomever is charged with permitting a particular sign shall, within sixty (60) days of the filing of a complete permit application, approve and issue the permit if the standards and requirements of this part have been met, unless the time is mutually extended by the parties. No action by the Director within 60 days shall constitute a denial.

(Amended by Ord. No. 6691 (N.S.) adopted 11-30-83)

(Amended by Ord. No. 9742 (N.S.) adopted 5-12-02)

(Amended by Ord. No. 10222 (N.S.) adopted 9-25-12. Opr. 11-26-12)

6281 NONCONFORMING SIGNS--ABATEMENT SCHEDULE.

Notwithstanding the Nonconformity Regulations commencing at Section 6850 every lawfully erected sign which no longer conforms to these regulations shall be deemed to be a nonconforming sign and shall be removed, or altered, to conform with these regulations as follows:

a. Illegal/Abandoned Signs. Illegal and or abandoned signs shall be removed or brought into conformance immediately.

b. Nonconforming Signs. Within 5 years from the date on which a sign becomes nonconforming, it shall be removed or brought into
conformance with these regulations; provided, however:

1. If such sign has been allowed to be depreciated for tax purposes by the Internal Revenue Service and evidence is presented
that the cost has not been fully recovered upon expiration of said 5 year period, such sign may remain until its cost has been
recovered in accordance with the depreciation schedule on the date that the sign became nonconforming.

2. Documentation necessary to establish the remaining or undepreciated value shall be presented to the Director prior to
expiration of the 5 year period. The Director shall determine to his/her satisfaction the validity of all documentation presented.
Appeals from decisions of the Director shall be taken pursuant to the Administrative Appeal Procedure commencing at Section
7200.

(Amended by Ord. No. 6506 (N.S.) adopted 1-5-83)

(Amended by Ord. No. 6691 (N.S.) adopted 11-30-83)

6283 ORDER TO ABATE SIGN VIOLATIONS.

In the event a nonconforming sign is not voluntarily removed or brought into compliance, when required or if a sign is erected or maintained in violation of these regulations, or becomes abandoned the Director shall order such sign to be abated by the owner thereof, or by the owner of the premises upon which it is located, or by any other person responsible for the sign, by notice in the form of registered mail. However, the person notified may within 10 days request, in writing, an informal administrative hearing by the Director; the decision of said hearing to be final.

(Amended by Ord. No. 6506 (N.S.) adopted 1-5-83)

(Amended by Ord. No. 6691 (N.S.) adopted 11-30-83)

(Amended by Ord. No. 8555 (N.S.) adopted 7-14-95)

(Amended by Ord. No. 8962 (N.S.) adopted 9-23-98)

6287 METHOD OF ABATEMENT OF VIOLATIONS .

Unless some other means of abatement is approved in writing by the Director, abatement of nonconforming illegal and abandoned signs shall be accomplished in the following manner:

a. Signs Painted on Buildings, Walls, Fences and Other Structures or Things. By removal of the paint which constitutes the sign, or by

painting over it with a color that matches or closely resembles the color of the building or structure, wall, fence, or things, so that the sign shall not thereafter be visible.

b. Other Signs. By complete removal of the sign and supports; or, by modification, alteration, relocation or replacement.

(Amended by Ord. No. 6506 (N.S.) adopted 1-5-83)

(Amended by Ord. No. 6691 (N.S.) adopted 11-30-83)

(Amended by Ord. No. 8555 (N.S.) adopted 7-14-95)

(Amended by Ord. No. 8962 (N.S.) adopted 9-23-98)

6289 MAINTENANCE OF NONCONFORMING SIGNS.

Nothing in these regulations shall prevent the normal maintenance or repair of any nonconforming sign or sign structure during its effective life. Illegal, abandoned or nonconforming signs which are brought into conformance and compliance with current regulations shall have the required Administrative Permit and/or building permit.

(Amended by Ord. No. 9472 (N.S.) adopted 5-15-02)

6290 SEVERABILITY.

If any section, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of

competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Board of Supervisors hereby declares that it would have passed this Ordinance and each section, sentence, clause of phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause of phrase be declared invalid or unconstitutional.

PERFORMANCE STANDARDS

6300 TITLE AND PURPOSE.

The provisions of Section 6300 through Section 6349, inclusive, shall be known as the Performance Standards. The purpose of these provisions is to control dangerous or objectionable environmental impacts of commercial and industrial uses and outdoor lighting in all use classifications. These standards shall apply pursuant to Section 6306.

(Amended by Ord. No. 5933 (N.S.) adopted 11-19-80)

6302 EXISTING USES.

Uses existing on the effective date of The Zoning Ordinance, on the date of a subsequent rezoning or other amendment thereto applying more restrictive performance standards to such uses, shall not be required to change their operations to comply with the performance standards. However, their operations shall not be so changed as to result in a greater degree of nonadherence with respect to these standards.

6304 COMPLIANCE.

The Director may require the applicant for any permit to submit such information with respect to proposed machinery, processes, products, or environmental impacts as may be necessary to demonstrate the ability of the proposed uses to comply with applicable performance standards. Such required information may include reports by expert consultants. Whenever an environmental impact report has been submitted and determined to be adequate under state and county guidelines, no further information shall be required.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

6306 NOISE STANDARD APPLICABILITY.

When located in the zones specified in Section 6310, any industrial use and Construction Sales and Services, Scrap Operations, and Wholesaling Storage and Distribution Use shall be so operated that the noise level inherently and regularly generated shall not exceed the noise limits indicated by Section 6310 after modification, where applicable, by the correction factors indicated in Section6312. Sound from construction or demolition work and warning devices are exempted from these standards. Nothing in the Zoning Ordinance shall limit the application of provisions of the San Diego County Code pertaining to noise.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

6308 NOISE LEVEL MEASUREMENT.

The following provisions shall determine means for measuring noise levels. Where these provisions conflict with other provisions of the San Diego County Code, the following shall remain applicable for purposes of the Zoning Ordinance.

a. Setting of Meter. Any sound or noise level measurement made pursuant to the provisions of this ordinance shall be measured with a sound level meter using the A-weighting and "slow" response pursuant to applicable manufacturer's instructions, except that for sounds of a duration of 2 seconds or less the "fast" response shall be used and the average level during the occurrence of the sound reported.

b. Calibration of Meter. The sound level meter shall be appropriately calibrated and adjusted as necessary by means of acoustical calibrator of the coupler-type to assure meter accuracy within the tolerances set forth in American National Standards ANSI-SI.4-1971.

c. Location of Microphone. All measurements shall be taken at any lot line of the lot containing the use, except as otherwise provided by this subsection. For outside measurements, the measuring microphone shall not be less than 4 feet above the ground, at least 4 feet distance from walls or other large reflecting surfaces and shall be protected from the effects of wind noises by the use of appropriate wind screens. In cases when the microphone must be located within 10 feet of walls or similar large reflecting surfaces, the actual measured distances and orientation of sources, microphone and reflecting of surfaces shall be noted and recorded. In no case shall a

noise measurement be taken within 5 feet of the noise source.

d. Measured Sound Levels. The measurement of sound level limits shall be the average sound level for a period of one hour.

6310 NOISE LIMITS.

The following noise level limits shall be applicable, provided that no intermittent sound may exceed the limit by 33 percent.

a. Residential Zone. The noise level limit for industrial or commercial uses located in a residential zone shall be 40 decibels.

b. Commercial Zone. The noise level limit for uses located in a commercial zone shall be 60 decibels.

c. M50 & M52 Use Regulations. The noise level limit for uses located in a zone subject to the M50 and M52 Use Regulations shall be 70 decibels.

d. M54 and M58 Use Regulations. The noise level limit for uses located in a zone subject to the M54 Use Regulations, or in the M58 Use Regulations within 400 feet of any boundary of a residential zone, shall be 75 decibels.

e. M58 Use Regulations. The noise level limit for uses located in a zone subject to the M58 Use Regulations other than within 400 feet of any boundary of a residential zone, shall be 80 decibels.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

6312 NOISE CORRECTION FACTORS.

The following correction factors, when applicable, shall be applied to the maximum noise level limits indicated in Section6310:

Time and Type of Noise Correction in Maximum Permitted Decibels

Time and Type of Noise Correction in Maximum Permitted Decibels

For uses located in a residential zone: Emission only between 7 a.m. and the next ensuing 7 p.m. Plus 10 or Emission only between 7 p.m. and the next ensuing 10 p.m. Plus 5 For uses located in a commercial zone: Emission only between 7 p.m. and next ensuing 7 a.m. Minus 5 Noise of unusual impulsive character, such as hammering Minus 5 Noise rising or falling in pitch or volume, such as humming, screeching or pulsating Minus 5 Noise of unusually high sound frequency Minus 25 (more than 5000 cycles per second)

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

6314 VIBRATION.

In zones as indicated below, no commercial or industrial use shall cause a steady state, earth-borne oscillation which is continuous and occurring more frequently than 100 times per minute, or an impact earth-borne oscillation is discrete pulses at or less than 100 per minute, with a displacement exceeding the following maximums, provided that ground vibration caused by motor vehicles, trains, aircraft or temporary construction or demolition is exempted from such limits.

Maximum Permitted Steady State Vibration Displacement

(in inches)

M50, M52

Frequency M54 and M58 All Other Zones (cycles per second) Fallbrook Village 3

Maximum Permitted Steady State Vibration Displacement

(in inches)

M50, M52 Frequency M54 and M58 All Other Zones (cycles per second) Fallbrook Village 3

10 and below .0020 .0039 .0008
10-20 .0010 .0022 .0005
20-30 .0006 .0011 .0003
30-40 .0004 .0007 .0002
40-50 .0003 .0005 .0001
50-60 .0002 .0004 .0001
60 and over .0001 .0004 .0001

Maximum Permitted Impact Vibration Displacement

(in inches)

M50, M52

Frequency M54, and M58 All Other Zones (cycles per second) Fallbrook Village 3

Maximum Permitted Impact Vibration Displacement

(in inches)

M50, M52

Frequency M54, and M58 All Other Zones (cycles per second) Fallbrook Village 3

10 and below .0040 .0078 .0016
10-20 .0020 .0044 .0010
20-30 .0012 .0022 .0006
30-40 .0008 .0014 .0004
40-50 .0006 .0010 .0002
50-60 .0004 .0008 .0002
60 and over .0002 .0008 .0002

(Amended by Ord. No. 9620 (N.S.) adopted 12-10-03)

6316 PARTICULATE MATTER AND AIR CONTAMINANTS.

All residential, commercial and industrial uses shall be so operated as not to emit particulate matter or air contaminants which are readily detectable without instruments by the average person at or beyond any lot line of the lot containing such uses. Air contaminant emissions shall not exceed any applicable rule or regulation promulgated by the Air Pollution Control District.

(Amended by Ord. No. 5786 (N.S. adopted 6-4-80)

6318 ODORS

All commercial and industrial uses shall be so operated as not to emit matter causing unpleasant odors which are perceptible by the average person at or beyond any lot line of the lot containing said uses.

Zones In Which Uses Are Located Point of Determination Dilution

Any residential, commercial agricultural or At or beyond any lot line of the lot containing A ratio of one volume of odorous air to eight special purpose zone. Fallbrook Village the uses. or more volumes of clean air. Zones V1, V2, V4 And V5 Any M50, M52, or M54 zones. Fallbrook At or beyond any lot line of the lot containing A ratio of one volume of odorous air to eight Village Zone V3 the uses. or more volumes of clean air. At or beyond any boundary of a residential A ratio of one volume of odorous air to four Any M58 zone. zone. or more volumes of clean air.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 9620 (N.S.) adopted 12-10-03)

6320 HUMIDITY, HEAT, COLD, AND GLARE.

When located in a zone subject to the Use Regulations, specified below, all commercial and industrial uses shall be so operated as not to produce humidity, heat, cold, or glare which is readily detectable without instruments by the average person at the following points of determination:

Zones In Which Uses Are Located Point of Determination

Any residential or commercial zone or Fallbrook Village Zones V1, At or beyond any lot line of the lot containing the uses. V2, V4 or V5. Any M50, M52 or M54 zone Or Fallbrook Village Zone V3 At or beyond any boundary of the zone. Any M58 zone At or beyond any boundary of a residential zone.

(Amended by Ord. No. 9620 (N.S.) adopted 12-10-03)

6322 OUTDOOR LIGHTING.

a. Intent. It is the intent of this section to control excessive or unnecessary outdoor light emissions which produce unwanted illumination of adjacent premises within the unincorporated area of the County of San Diego.

b. Nighttime Requirements. The following forms of outdoor lighting usage are prohibited between 11:00 p.m. and dawn:

1. The operation of searchlights for advertising purposes.

2. The illumination of outdoor public recreational facilities, unless a specific recreational activity requiring the lighting is already in progress. Security lights are excepted.

3. The outside illumination for aesthetic or dramatic purposes of any building and/or surrounding landscape public or private, by lighting fixtures projected above the horizontal.

4. The illumination of outdoor advertising signs projected above the horizontal, except that such signs may remain lit until midnight. c. Temporary Exemption. Upon written request from any individual, the Director may grant a temporary exemption from the requirements of this ordinance for a period not to exceed 30 days at a time. The request for the exemption shall contain as a minimum the following information:

   1. Specific exemption requested.

   2. Type and use of outdoor light involved.

   3. Duration of time for requested exemption.

   4. Type of illumination.

   5. Total wattage of lamp or lamps.

   6. Proposed location of exterior light.

   7. Previous temporary exemptions, if any.

   8. Physical size of exterior light.

   9. Any additional information the Director deems necessary to make a reasonable evaluation of a temporary exemption request.

The decision of the Director may be appealed in accordance with the Administrative Appeal Procedure commencing at Section7200.

(Added by Ord. No. 5933 (N.S.) adopted 11-19-80)

(Amended by Ord. No. 7110 (N.S.) adopted 4-02-86)

6324 LIGHTING PERMITTED IN REQUIRED YARDS.

Lighting permitted in required yards by the provisions of Section4835, shall be subject to the following regulations:

a. Illumination Only. Lights shall be used for the purpose of illumination only, and not designed for or used as an advertising display.

b. Horizontal Cutoff. Luminaires shall be so designed and shielded by horizontal cutoff to eliminate all light directed above the horizontal. The lower edge of the luminaire's housing shall extend below the entire light source and all glassware so that any light emitted above the horizontal is eliminated. Light-directing refractors shall be considered to be light sources.

c. Light Trespass. The illumination of adjacent premises by spill light shall not exceed a value of 0.2 foot candles measured in the horizontal or vertical plane at a point three feet above grade level and five feet inside the adjacent property. This measurement shall be taken15 minutes after the initial start up of the fixture.

d. Minimum Height. Lights illuminating vehicular areas shall be mounted at least 12 feet above the ground.

e. Minimum Spacing. Lighting poles shall be spaced at least 50 feet apart; provided, however, that at least 2 poles may be located on each building site.

f. Removal. Poles and lights shall be removed at the owner's expense when property on which they are located is taken for street

widening.

g. Dark Skies Ordinance. All outdoor lighting shall comply with the requirements specified in the County Light Pollution Code, which commences at Section 51.201 of the County Code of Regulatory Ordinances.

(Added by Ord. No. 5933 (N.S.) adopted 11-19-80. Formerly Section 6906)

(Amended by Ord. No. 9690 (N.S.) adopted 12-15-04)

(Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

6326 LIGHTING NOT IN REQUIRED YARDS.

Outdoor area lighting not in required yards shall conform to the provisions of paragraphs a., b., c., and g of Section6324, except that where such lighting is authorized by a use permit, the terms and conditions of said permit with regard to such lighting shall prevail.

(Added by Ord. No. 5933 (N.S.) adopted 11-19-80. Formerly Section 6908)

(Amended by Ord. No. 9690 (N.S.) adopted 12-15-04)

6330 HELICOPTER TAKEOFF AND LANDING AREA REQUIREMENTS.

Upon issuance of a Major Use Permit, a heliport, a helipad or helistop may be permitted subject community plan criteria and to the following criteria for site selection, site development standards, and site operation standards:

(Added by Ord. No. 7058 (N.S.) adopted 10-30-85)

(Amended by Ord. No. 7673 (N.S.) adopted 9-27-89)

6332 SITE SELECTION CRITERIA.

A heliport, helipad or helistop shall meet the following site location criteria:

1. The proposed facilities shall be located on a site which ensures that such use will not adversely affect the adjoining land and the growth and development of the area in which it is proposed to be located.

2. The site shall be so located to ensure that as much as possible, the approach and departure paths leading to and from the facility are over terrain which affords emergency landing areas such as open parks, golf courses, industrial areas, highways, freeways and open land. Approach and departure paths over residential development, schools, playgrounds or highly populated areas shall be avoided.

3. The size and shape of a proposed site shall be adequate to allow full development of the facility in accordance with Federal Aviation Administration (FAA) standards and in a manner not detrimental to the area in which the facility is proposed in terms of peace, health, safety, and general welfare. All helicopter facilities in residential areas shall have a minimum site area of five acres (gross).

4. The site shall be served by streets and highways adequate in width and pavement type to carry the quantity and type of traffic generated by the facility.

5. The site shall be located so as to permit helicopter operations in conformance with the County Code of Regulatory Ordinances regarding Noise Control.

6. The site shall be located no closer than one-half mile, measured by air line, of the boundary of any public or private school maintaining kindergarten classes or any classes in grades 1 through 12, without approval of the California State Department of Transportation.

7. Heliports and helipads shall be located within 0.5 miles of an existing expressway, prime arterial, major road or boulevard as noted in the Mobility Element of the General Plan.

8. These criteria are waived for takeoff and landing areas that meet the definition of "Incidental Landing Area" as defined in this ordinance.

(Added by Ord. No. 7058 (N.S.) adopted 10-30-85)

(Amended by Ordinance No. 7673 (N.S.) adopted 9-27-89)

(Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

6334 SITE DEVELOPMENT REQUIREMENTS.

A heliport, helipad or helistop shall meet the following site development requirements:

a. Heliports, Helipads and Helistops.

1. The length and width or diameter of the takeoff and landing area shall be at least one and one half (1.5) times the overall length of the largest helicopter expected to use the facility.

2. The peripheral area surrounding the takeoff and landing area is intended as an obstacle free safety zone and shall be at least one quarter (1/4) of the overall length of the largest helicopter expected to use the facility, but not less than ten (10) feet.

3. Approach and departure paths to the site shall be governed in accordance with Federal Aviation Regulations (FAR) Part 77 and shall be obstruction free for a minimum distance of four hundred (400) feet from the takeoff and landing area.

4. A wind indicating device shall be provided and maintained at all times in a workable condition.

5. The helicopter landing facilities shall be marked in accordance with and as prescribed by current FAA circulars.

6. Surfacing of the landing facility shall be so as to minimize the blowing of any dust, dirt or other objectionable material onto neighboring property in compliance with the San Diego County Air Pollution Control District Rules and Regulations.

7. Every heliport, helipad or helistop shall be limited in hours of operation to the periods between sunup and sundown daily, unless specifically approved for night operation. The takeoff and landing area of any heliport or helipad approved for night operation shall be provided with adequate lighting, which shall be directed away from adjacent properties or public rights-of-way.

8. Takeoff and landing areas for helicopter facilities in agricultural and residential areas shall be located no closer than 200 feet from any property line. In other areas, takeoff and landing areas shall be no closer than 50 ft. from any property line; any administrative or operations buildings erected on a heliport site shall be located not closer than 15 feet from any property line; helicopter maintenance facilities shall be located not closer than 25 ft. from any property line; location and setbacks for buildings storing combustibles shall be approved by the Chief Fire Inspector. This requirement shall not apply to a helipad as defined by this ordinance.

9. The exterior edge of the peripheral area shall be fenced or otherwise protected to keep unauthorized persons out of areas of danger; fences shall be a minimum of three feet in height. Fencing requirements shall not apply to a helipad as defined by this ordinance.

10. Facilities located on the water shall be marked and lighted in accordance with Coast Guard Regulations.

11. Adequate fire fighting equipment shall be provided as determined by the Chief Fire Inspector.

    12. Such additional conditions may be imposed as deemed desirable, to protect the public health, safety and welfare.

    b. Helipads and Helistops Located on a Structure. In addition to the site development requirements set forth in a. above, helipads and helistops shall meet the following additional requirements:

12. The provisions of the Uniform Building Code shall be complied with.

    2. The roof shall be provided with a 12 inch parapet and where openings pierce the roof, they shall be provided with a 6 inch

    high curb and fire protected as required for vertical shafts. No openings in the roof shall be permitted within 25 feet of the touch down boundaries.

    3. Landing pads raised above roof level shall have no less than two (2) three foot wide stairs provided to the roof below.

    4. No fueling or repairing of helicopters shall be permitted, except of an emergency nature when approved by the Chief Fire Inspector.

    5. Two or more wet standpipes shall be provided to reach all parts of the roof equipped with one and one half inch rubber lined fire hose not over 100 feet in length. Hose shall be equipped with combination fog nozzles. Sufficient pressure shall be provided to afford a good fog pattern. Hose cabinets shall be located near the separate exits.

    6. The electrical wiring and equipment in the landing pad area shall comply with requirements of the National Electric Code for

    Class 1, Division 2, Hazardous Locations.

    7. Mechanical, air handling and air conditioning equipment for penthouses must be 25 feet from the landing pad, outside the

    landing and takeoff pattern and protected by substantial incombustible barrier on the side toward the landing pad.

    8. Landing areas shall be marked in accordance with FAA recommended standards and shall include a number indicating the

    maximum gross weight of any helicopter allowed to use the facility.

(Added by Ord. No. 7058 (N.S.) adopted 10-30-85)

(Amended by Ord. No. 7673 (N.S.) adopted 9-27-89)

6336 SITE OPERATION STANDARDS.

All new heliports, helipads and helistops shall meet the following site operation standards:

a. The hours of operation shall be limited to the periods between sunup and sundown daily, unless properly lighted and specifically approved for night operation.

b. Emergency fire fighting equipment consisting, at a minimum, of two fire extinguishers of at least 16BC rating each shall be provided as deemed necessary and adequate by the Chief Fire Inspector and the State of California. No smoking shall be permitted within 50 feet of the landing pad.

c. Emergency communications shall be available between the heliport, helipad or helistop and the fire department communications center. These facilities may consist of a standard fire alarm or convenient, on-site telephone service.

d. Where allowed, fueling and maintenance facilities including separator or clarifying tanks for collecting spilled fuel shall be installed under approval and supervision of the Chief Fire Inspector.

e. All trash receptacle areas in the vicinity of helicopter facilities shall be enclosed by masonry walls 6 feet in height and a solid wooden gate of equal height. Trash bins and receptacles shall have lids to prevent blowing of litter and debris.

f. A wind indicating device shall be provided and maintained on the site at all times in workable condition.

g. Any helicopter takeoffs or landings within 3 miles of any airport manned by an FAA control tower shall maintain two-way radio contact with the airport's traffic control tower.

h. This section shall not apply to public service helicopters taking off or landing from an "incidental landing area" as defined by this ordinance. For purposes of this section, "public service helicopters" are helicopters owned or leased to a governmental entity, or helicopters otherwise engaged in law enforcement, fire, or medical evacuation activities and/or private helicopters which are regularly engaged in a public service such as medical evacuation and news media helicopters.

(Added by Ord. No. 7058 (N.S.) adopted 10-30-85)

(Amended by Ord. No. 7673 (N.S.) adopted 9-27-89)

6337 GUIDELINES FOR REVIEWING MAJOR USE PERMITS FOR HELIPORTS, HELIPADS AND HELISTOPS.

Each Major Use Permit application for a heliport, helipad or helistop shall be reviewed in accordance with the following guidelines which are intended to assist the approving authority in determining whether such application meets the criteria for site selection, site development and site operation as set forth in Sections 6332, 6334 and 6336 and in making the findings required for granting a major use permit as set forth in Section 7358. A Major Use Permit for a helipad or a helistop shall be granted for a period of no longer than five (5) years. An application to request extending the duration of the Major Use Permit for an additional period of time may be granted through the modification procedure. An application to extend duration shall be filed with the Director no sooner than six months prior to the expiration of the Major Use Permit.

a. Site Selection Criteria.

Sites for helicopter takeoff and landing facilities shall be situated in such manner as to minimize the impacts to adjoining land uses and residents. The following specific criteria shall be considered:

1. Location of the takeoff and landing area shall provide sufficient buffer space to reduce the level of engine noise which reaches persons in the surrounding area, recognizing that the character of sound (noise) emanating from helicopter engines may be audible or annoying to persons located a great distance from the source, whether the helicopter is on the ground or airborne.

2. Approach and departure paths leading to and from the facility shall be over terrain which affords emergency landing areas such as unoccupied open land or transportation corridors.

Approach and departure paths over highly populated areas, residential development, schools, playgrounds, parks and golf courses should be avoided. Approach and departure paths within 0.5 miles of equestrian facilities, wildlife areas, open space easements, preserve areas and river valleys shall be avoided unless the altitude of the helicopter when over such areas is 1,000 feet or more or the sound emanating from the

helicopter, when measured on the ground, does not exceed the one-hour sound level limits permitted by the County Code of Regulatory Ordinances regarding Noise Control.

3. Consideration shall be given to the cumulative impact of granting major use permits for a number of helicopter facilities located within one community. Helistops shall be separated by a minimum distance of 1.5 miles to prevent over-concentration unless conditions of approval of a use permit substantially mitigate or avoid the adverse impacts of over-concentration.

b. Site Development Requirements.

The minimum distance from property line that a helicopter takeoff and landing area may be permitted shall be related to adjoining land uses and parcel size. Greater setbacks from property lines shall be required for a helistop in areas where parcel sizes are large (over 5 acres) and where daytime one-hour average sound levels for residential uses are limited to 50 decibels. However, a lesser setback may be permitted in areas where parcel sizes are smaller and permitted average sound level limits are greater.

c. Site Operation Standards.

1. Nighttime operation of helicopter facilities located in residential areas is prohibited unless specifically authorized by conditions of the use permit. If permitted, nighttime operations shall be clearly stated and described in the conditions of approval of the use permit.

2. For helistops, the number of flights per day/week and the weight category of the helicopter shall be clearly stated in the use permit.

3. When considering noise levels permitted to be generated by helicopter facilities, single event noise level maximums similar to those set forth in "SOUND LEVEL LIMITS FOR HELICOPTER FACILITIES" on file with the Clerk of the Board of Supervisors as Document No. 724798(a), should be considered along with the one-hour sound level limits contained in the County Code of Regulatory Ordinances regarding Noise Control.

d. Pre-application Conference.

Prior to submitting an application for a use permit for any helicopter facility, a prospective applicant shall consult with the Department to schedule a conference to be attended by the applicant and representatives of other departments and agencies as the Department considers necessary. Such conference shall provide an opportunity to review the applicant's intended plans and identify potential requirements or subjects requiring particular attention prior to the applicant entering into binding commitments or incurring substantial expense in preparing plans, surveys and other data. The applicant shall provide a topographic map of the project location and surrounding area showing the projected flight path to and from the closest freeway, highway or major arterial. An estimate of the maximum flyover sound level should also be available if the flight pattern is to be over noise sensitive uses. Staff shall familiarize the applicant with the type of studies, reports or other data which will be required to process the application.

(Added by Ord. No. 7673 (N.S.) adopted 9-27-89)

6338 HELICOPTER TAKEOFF AND LANDING FACILITIES PERMITTED IN THE A72 USE REGULATIONS.

Upon issuance of a Minor Use Permit a helistop may be permitted in areas zoned with the A72 Use Regulations subject to the following criteria:

1. The minimum parcel size upon which the helicopter is based shall be forty (40) acres.

2. The parcel upon which the helistop is located shall be devoted to active agricultural pursuits requiring the services of a helicopter to maintain, such as crop spraying, etc.

3. Minor Use Permits issued pursuant to this Section shall conform to all other requirements of this Ordinance applying to helistops.

Any legally established helicopter takeoff and landing site in existence on and prior to October 30, 1985, and located on a parcel of at least twenty (20) acres in an agricultural preserve and in the A-72 Use Regulations is hereby determined to be an accessory use to the Agricultural Use Regulations of said parcel, and is determined not to be a private airport. The continued use and operation of such site on such parcel of at least twenty (20) acres, other than for the common carriage of passengers is exempt from, and is not subject to, regulation by the provisions of this Ordinance.

(Added by Ord. No. 7058 (N.S.) adopted 10-30-85)

(Amended by Ord. No. 7673 (N.S.) adopted 9-27-89)

6339 MODIFICATION OF REQUIREMENTS

Modification of the site selection criteria, site development requirements and site operation standards set forth in Sections6332, 6334 and 6336 may be granted by the approving authority when it determines that such modification wound not be detrimental to adjacent properties and residents, the public interest, or the General Plan.

(Added by Ord. No. 7673 (N.S.) adopted 9-27-89)

6340 ULTRALIGHT VEHICLE TAKEOFF AND LANDING AREAS LOCATED ON PRIVATE PROPERTY.

a. Location. Takeoff and landing areas on private property for powered ultralight vehicles shall be located in accordance with the following criteria:

1. All takeoff and landing sites for powered ultralight vehicles shall be located such that no existing dwelling is located within the rectangular area defined by lines parallel to and 500 feet from each side of any runway and lines perpendicular to such runway located 1,000 feet from each end.

2. No powered ultralight vehicle shall take off or land closer than 1,000 feet from any public assembly area. For purposes of this Section public assembly area includes outdoor and indoor places such as campgrounds, playgrounds, churches, schools, golf courses, auditoriums, stadiums, picnic grounds and similar areas where people may gather for reasons of education,

entertainment, recreation or worship.

3. No ultralight vehicle shall take off or land within the right-of-way of a public street.

b. Operation of Takeoff and Landing Areas. Takeoff and landing areas for ultralight vehicles shall be operated in accordance with the following criteria:

1. All operation on the ground of ultralight vehicle engines shall comply with the County Code of Regulatory Ordinances regarding Noise Control.

2. No powered ultralight vehicle shall take off or land before 6:00 a.m. or sunrise, whichever is later, or later than sunset.

3. Takeoff and landing sites and ultralight vehicle storage facilities shall not be operated for commercial purposes, except through the issuance of a minor use permit as provided for in subsection "d" of this Section.

c. Site Preparation and Development. Site preparation and development to facilitate the takeoff, landing and storage of ultralight vehicles on private property shall be in accordance with the following criteria:

1. All grading and clearing for runways shall comply with applicable grading and clearing regulations.

2. Surfacing of runways is not required. However, measures shallc be taken to prevent the blowing of dust, dirt or other objectionable material onto neighboring property in order to comply with the San Diego County Air Pollution Control District Rules and Regulations.

3. Storage building(s), or hangar(s), shall not exceed 800 square feet for a single ultralight vehicle permanently stored at each site or 600 square feet each for multiple ultralight vehicles permanently stored at each site, in addition to those accessory buildings authorized by Section 6156. Additional square footage may be authorized by minor use permit as provided for in subsection "d" of this Section. All fuel shall be stored in compliance with the Uniform Fire Code. 4. A maximum of three ultralight vehicles may be stored (kept on the property) for more than five consecutive days at each takeoff and landing area established pursuant to this Section.

   d. Minor Use Permit. A minor use permit may authorize ultralight vehicle takeoff and landing locations, operating characteristics or site preparation and development characteristics different from those stated in this Section, and may authorize takeoffs and landings closer than 1,000 feet from any dwelling and earlier or later than otherwise permitted by this Section.

(Added per Ord. No. 7197 (N.S.) adopted 9-10-86)

(Amended by Ord. No. 7594 (N.S.) adopted 2-22-89)

6341 INCLUSIONARY AFFORDABLE HOUSING PROGRAM

a. Title and Purpose.

1. The provisions of Section 6341 shall be known as the Inclusionary Affordable Housing Program. The purpose of these provisions is to establish standards and procedures to require the development of housing that is affordable to a range of households with varying income levels in order to ensure the addition of affordable housing units to the County's housing stock in proportion with the overall increase in new housing units.

2. It is the policy of the County that this Section be interpreted and implemented in a manner to afford the fullest possible weight to the interest of, and the approval and provision of, affordable and inclusionary housing.

b. Applicability.

1. Applicability. The requirements of this ordinance shall apply to all new residential and mixed-use development projects, for rent or for sale, submitted to the County more than 120 days after the adoption of this Ordinance, except as noted in Subsection 6341.b.1.ii (referred to herein as “Projects”). The requirements of this ordinance shall apply to all developers and their agents, successors-in-interest, and assigns proposing a Project. All inclusionary units required by this ordinance shall be sold or rented in compliance with this ordinance and the County's regulations for the implementation of the Inclusionary Affordable Housing Program. No building permit shall be issued, nor any development approval granted for a development that does not meet the requirements of this ordinance, unless otherwise explicitly approved by the County.

   i. Project Size. The following Projects shall be subject to the requirements under this ordinance.

   a) A Project that proposes a minimum of ten (10) dwelling units that will be developed for rental or for sale.

   ii. Exempt Projects. The following projects are exempt from the requirements of this ordinance:

a) Project Type. Projects that provide 100% of all units in the development, including total units and density bonus units, but exclusive of a manager’s unit or units, as affordable housing (up to 80% of the AMI). Additionally, to be eligible for an exemption under this subparagraph (a), applicants must demonstrate to County’s satisfaction the property is or will be subject to a regulatory agreement that restricts the property under a federal, state, or local affordable housing program.

b) Residential developments for which an application for a ministerial permit has been submitted or for which a discretionary permit has

been submitted no later than the effective date of this ordinance.

a. Permit Expiration. Upon the expiration of any discretionary permit that is not eligible for renewal, and unless otherwise exempted,

the residential development shall be subject to the affordable housing requirements of this ordinance and shall not proceed until an affordable housing plan is approved in conjunction with any other required discretionary or ministerial permit or amendment thereto.

c) Accessory dwelling units developed in accordance with Section 6156.x that are built as an accessory dwelling unit to an existing

residential structure. Accessory dwelling units built as part of a new residential development shall not be counted for the purposes of this section.

d) Additional units granted through density bonus shall not be counted for the purposes of this section.

c. Affordable Housing Unit Compliance Requirements.

1. i. Minimum Affordable Set-Aside Requirement for Onsite Units. Unless exempt from this ordinance, Projects must provide a percentage of the base units as affordable housing units as described below:

   a) General Plan Compliant for Rent. If the Project is General Plan compliant and proposes rental units, the affordable housing set-aside units shall be provided as either 5% at 30% of AMI (Extremely Low Income) or 5% at 50% of AMI (Very Low Income) or 10% at 80% of AMI (Low Income).

   b) General Plan Compliant for Sale. If the Project is General Plan compliant with for sale units, the affordable housing set-aside units shall be provided as either 5% at 50% of AMI (Very Low Income) or 10% at 80% of AMI (Low Income) or 15% at 120% of AMI (Moderate Income).

   c) General Plan Amendment. If the Project proposes a General Plan Amendment, the affordable housing set-aside units shall be provided as 20% at 80% of AMI (Low Income).

   ii. Rounding rules.

   a) In calculating the required number of affordable housing units, if the set-aside includes fractional units of 0.5 or above, one additional affordable unit shall be provided at the affordability level required by the set-aside amount. Total set-aside requirements below 0.5 unit shall be rounded up or paid for through an in-lieu fee.

   iii. Comparability. All affordable housing units must conform to the following standards:

a) Affordable housing units shall be comparable in exterior appearance and overall quality of construction to market-rate units in the same housing development. Interior finishes and amenities may differ from those provided in the market-rate units, provided they are new, durable, and of good quality.

b) Affordable housing units shall have the same amenities as the market-rate units, including the same access to and enjoyment of

common open space, parking, storage, and other facilities in the residential development.

c) The unit mix based on bedroom count provided for affordable housing units shall be proportional to the unit mix based on bedroom

count provided for market-rate units.

d) Affordable housing units shall be dispersed throughout the housing development, on each floor, elevation, and section of the

building(s) and throughout the site.

iv. Density Bonus. If an applicant seeks to construct affordable housing to qualify for a density bonus in accordance with the provisions of

Section 6350, those affordable dwelling units that qualify a residential development for a density bonus shall also be counted toward satisfying the inclusionary housing requirements of this ordinance when offered at the same affordability level as the required set-aside units.

2. Duration of Affordability.

   i. Each affordable rental housing unit set aside pursuant to the requirements of this ordinance shall be limited to such below-market rates for a period of not less than 55 years, commencing from the date of the County’s authorization for occupancy of the unit.

   ii. Each affordable for-sale housing unit set aside pursuant to the requirements of this ordinance shall be subject to the re-sale provisions contained in the Affordable Housing Agreement in accordance with Section 7430 and pursuant to California Government Code 65915.

3. Timing for Construction of Inclusionary Housing Units.

   i. All required affordable housing units, including offsite affordable housing units, shall be made available for occupancy concurrently with the market-rate units. For the purposes of this section, “concurrently” means the following, as applicable:

   a) The County may not issue building permits for more than 50% of the market-rate units until it has issued building permits for all of the affordable units, and the County may not approve unit occupancy final inspections for more than 75% of the market-rate units until it has issued unit occupancy final inspections for all of the affordable units. The County and developer may agree on an alternative schedule for development that is included in the affordable housing agreement. A hold may be placed on the issuing of the permit and unit occupancy final inspection for market-rate developments if these requirements are not satisfied.

   b) In-lieu fees, as appropriate, have been paid.

   c) The applicant has met, or made arrangements satisfactory to the County to meet, an alternative requirement as permitted by Section 6341.d.

d. Alternative Compliance Options. All alternative compliance options listed in 6341.d are available to applicants in the priority order laid out below when the applicant demonstrates that building the required affordable units on-site is impractical. The applicant shall demonstrate that compliance with higher-priority alternatives is impractical before a lower-priority alternative compliance option may be considered.

1. Land Donation.

   i. Applicability.

   a) Land dedication may be allowed as an alternative to providing on-site units. Land dedication may be used to fulfill all or part of an applicant’s development application.

   b) The requirements of this ordinance may be satisfied by the donation of land if the donation is completed in accordance with California Government Section 65915(g) as modified herein and if the value of the land on the date of donation is equal to or greater than the inclusionary in-lieu fee applicable to the Project on the date of donation.

   ii. Site Suitability.

   a) The County shall have the discretion to approve a developer’s proposal to donate property. The developer must provide evidence of the following when the land donation proposal is submitted, and shall bear the cost of such evidence:

   1. The developer must provide a Preliminary Title Report for the property and have site control with a lien-free title. Any encumbrances or easements that adversely impact the property’s title must be remediated to the County’s satisfaction prior to conveyance of the site. Anything that cannot be remedied must be approved by County and factored into the estimated value of the interests proposed to be conveyed to the County.

2. The developer must provide an appraisal report of the property that complies with the Uniform Standards of Professional Appraisal Practice (USPAP) and is prepared by a California Certified General license real estate appraiser. The purpose of the appraisal is to establish the “as-is” market value of the land. County of San Diego must be listed as an intended user. The appraisal report must be reviewed and approved by Department of General Services Real Estate Valuation. Definition of “market value” is based on the most current edition of The Appraisal of Real Estate published by the Appraisal Institute.

   3. An initial review of hazardous materials must be performed by Department of Environmental Health and Quality, and all

recommendations based on the findings must be completed, including any potential Phase 1 or 2 Environmental Reports. The property must not contain any hazardous materials at the time the land donation proposal is submitted, and the developer must disclose whether any hazardous materials were previously stored or located on the site; and if hazardous materials were previously remediated, the developer must provide evidence that the cleanup was performed in accordance with applicable law.

4. The property is not environmentally constrained and does not include steep slopes, wetlands, floodway, floodplain, prime farmland,

farmland, conservation land, habitant land, or conservation easements.

5. The property has not been improved with any residential use for at least five years prior to the submission of a land donation proposal.

   6. The property owner has paid in full all property taxes and special taxes when the proposal is submitted and again at the time of

conveyance of the property to the County.

7. The site has General Plan and Zoning designations that authorize residential uses, including multifamily and is zoned for residential

development, including multifamily, at a density to accommodate at least the number of otherwise required affordable housing units within the residential development.

8. The developer provides the location of all utilities via a plot map (water, sewer, electric and gas). All necessary utilities must be

located on the property or at minimum on a site that is immediately adjacent to the property.

iii. Location.

a) The site of the land meets at least one of the following:

1. Land must be located within the same Community Plan Area as the Project; or

2. Land must be located within a vehicle miles traveled (VMT) Efficient area or an Infill area found to have less than significant VMT

impacts; or

3. Land must be located in High or Highest resource areas (as defined by the California Tax Credit Allocation Committee (CTCAC));

or

4. Land must be located within Village areas as categorized in the General Plan.

2. For Sale Accessory Dwelling Units.

   i. Notwithstanding subsection 6341.b.ii.(d) above, as an alternative to providing single-family detached dwelling units as affordable housing units, an applicant may instead provide for sale affordable accessory dwelling unit(s) for some of the required affordable housing, subject to the development standards in Section 6156.x, and provisions to sell accessory dwelling units contained in Section6156.x.C Sale of ADUs for or by a Nonprofit or Section 6156.x.D ADUs Sold as Condominiums.

   ii. The term and affordability of the accessory dwelling units and the affordable housing agreement shall conform with the provisions of this ordinance applicable to for sale affordable housing units.

   iii. In no event shall a developer be allowed to construct more than 50% of the total required affordable housing units as accessory dwelling units or no more than five accessory dwelling units as required affordable housing units, whichever is less, in any given residential development to satisfy the requirements of this ordinance.

iv. Comparability. In accordance with the on-site affordable unit comparability standards in Section 6341.c.iii, ADUs must be comparable

to the average on-site market- rate units including in terms of unit bedroom count and quality, access to amenities, and dispersal throughout the development. Such comparability standards may be modified at the discretion of the Director of Planning & Development Services on a project-by-project basis.

3. In Lieu Fees for up to 50% of the required units

   i. Applicability. Applicants may substitute up to fifty percent (50%) of all set-aside requirements with the payment of in lieu fees.

ii. Fractional units. Applicant may meet compliance requirements by paying an in-lieu fee for any required fractional unit and using another approved compliance method for the required whole units.

iii. In-Lieu Fees. In the case of multiple set-aside requirement options, the in-lieu fee paid shall be the highest in lieu fee option from the

available set-aside requirement choices, per project type.

a) General Plan Compliant for Rent: $18.69 per market-rate unit sq. ft.

b) General Plan Compliant for Sale: $21.37 per market-rate unit sq. ft.

c) General Plan Amendment: $41.82 per market-rate unit sq. ft.

iv. Affordable Housing Inclusionary Fund.

a) All in-lieu fees or other funds collected under this ordinance shall be deposited into the County’s Inclusionary Affordable Housing

Fund and shall be maintained and accounted for separately in an inclusionary housing program subaccount to be administered by the Health and Human Services Agency Deputy Chief Administrative Officer.

b) In-lieu fees shall be collected concurrently with other impact fees contingent on permitting and shall not be deferred.

c) Moneys deposited in the Inclusionary Affordable Housing Fund pursuant to this ordinance may be used to pay for direct costs

associated with the administration and enforcement of the Inclusionary Housing Program established by this Section. Administration costs

shall not exceed ten percent (10%) of fees paid by applicants and deposited in the Inclusionary Affordable Housing Fund.

d) After payment of expenses, if any, described in this ordinance, all of the remaining moneys held in the Inclusionary Affordable

Housing Fund pursuant to this ordinance shall be expended in accordance with Section 7450.

4. In-Lieu Fees for up to 100% of the required units

   i. Applicability. Applicants may substitute up to one hundred percent (100%) of all set-aside requirements with the payment of in lieu fees.

   ii. Fractional units. Applicant may meet compliance requirements by paying an in-lieu fee for any required fractional unit and using another approved compliance method for the required whole units.

   iii. In-Lieu Fees. In the case of multiple set-aside requirement options, the in-lieu fee paid shall be the highest in lieu fee option from the available set-aside requirement choices, per project type.

   a) General Plan Compliant for Rent: $18.69 per market-rate unit sq. ft.

   b) General Plan Compliant for Sale: $21.37 per market-rate unit sq. ft.

   c) General Plan Amendment: $41.82 per market-rate unit sq. ft.

iv. Affordable Housing Inclusionary Fund.

a) All in-lieu fees or other funds collected under this ordinance shall be deposited into the County’s Inclusionary Affordable Housing

Fund and shall be maintained and accounted for separately in an inclusionary housing program subaccount to be administered by the Health and Human Services Agency Deputy Chief Administrative Officer.

b) In-lieu fees shall be collected concurrently with other impact fees contingent on permitting and shall not be deferred.

c) Moneys deposited in the Inclusionary Affordable Housing Fund pursuant to this ordinance may be used to pay for direct costs associated with the administration and enforcement of the Inclusionary Housing Program established by this Section. Administration costs shall not exceed ten percent (10%) of fees paid by applicants and deposited in the Inclusionary Affordable Housing Fund.

d) After payment of expenses, if any, described in this ordinance, all of the remaining moneys held in the Inclusionary Affordable

Housing Fund pursuant to this ordinance shall be expended in accordance with Section 7450.

5. Off-Site Construction of Affordable Units.

   i. The applicant may propose to construct the affordable units required by this Section on another site. The County may approve the off- site construction only if the proposal meets all of the following requirements:

   a) Comparability. In accordance with the on-site affordable unit comparability standards in Section 6341.c.iii, off-site units must be comparable to or greater than on-site average market-rate units in terms of unit bedroom count and quality and access to amenities. Such comparability standards may be modified at the discretion of the Director of Planning & Development Services on a project-by-project basis.

   b) Off-site unit land must meet at least one of the following:

   1. Off-site units and land must be located within the same Community Plan Area as the Project; or

   2. Off-site units and land must be located within a vehicle miles traveled (VMT) Efficient area or an Infill area found to have less than significant VMT impacts; or

   3. Off-site units must be located in High or Highest resource areas (as defined by the California Tax Credit Allocation Committee (CTCAC)); or

   4. Off-site units must be located within Village areas as categorized in the General Plan.

e. Affordable Housing Incentives. The developer of a residential development providing all required affordable housing units upon the same site as the market-rate units may, at the developer’s option and concurrently with the submittal of the affordable housing plan, submit a written request for one or more of the following on-site affordable housing development incentives:

1. Density bonus incentives if the residential development contains sufficient affordable housing units to qualify for a density bonus, per Section 6365. The applicant must identify any requested County inclusionary housing incentives in the Affordable Housing Plan. Such incentives shall not count against the number of concessions or incentives available under Section 6365.

   i. Additional Density Bonus. The developer may apply for an additional density increase doubling State Density Bonus up to a total density bonus of 50%, and the developer may apply for one (1) additional regulatory incentive in addition to the County’s Density Bonus Program per Section 6365 if all required affordable housing units are provided on-site.

2. Priority Review. The developer may apply for Priority Review if the Project provides at least 50% more affordable housing units at 80% of AMI (Low Income) on-site than are required by this ordinance to receive priority review. The County will review discretionary applications within 30 business days from a completed application for each submittal or resubmittal.

3. Affordable Housing Plan. The incentives requested by the developer shall be included in the proposed affordable housing plan submitted at the time of application for the first approval of the Project, and any incentives approved by the County shall be included in the affordable housing plan.

f. Affordable Housing Plan. An application for the first approval of a residential or mixed use development shall include an affordable housing plan describing how the development will comply with the provisions of this ordinance.

1. No application for a first approval for a residential or mixed use development subject to this section may be deemed complete unless an affordable housing plan is submitted in conformance with this ordinance.

2. The affordable housing plan shall be processed concurrently with all other permits required for the residential development. Before approving the affordable housing plan, Housing and Community Development Services and Planning and Development Services (the “approval body”) shall find that the affordable housing plan conforms to this ordinance.

3. A condition shall be attached to the first approval of any residential development to require recordation of the Affordable Housing

Agreement described in Section 7430 of the Zoning Ordinance prior to the approval of any final or parcel map or building permit for the residential development.

4. The approved affordable housing plan for a residential development, or for a building phase in a residential development, where phasing has been approved as part of a discretionary permit approvals, may be amended prior to issuance of any building permit for the residential development or building phase, if applicable. A request for a minor amendment of an approved affordable housing plan may be granted by the approval body if the amendment is substantially in compliance with the original affordable housing plan and conditions of approval. Other amendments to the affordable housing plan shall be processed in the same manner as the original plan. An affordable housing plan shall include, but not be limited to, the following:

   i. The number of affordable housing units proposed;

   ii. The unit square footage, and number of bedrooms for market rate and affordable housing units and tenure (ownership or rental);

   iii. Detailed plot plan showing location/footprint of all affordable housing units, which shall be disbursed throughout the property.

   iv. Amenities and services provided, such as daycare, transportation, job training/employment services and recreation;

v. Level of affordability for affordable housing units (very low, low or moderate);

vi. Schedule for production of dwelling units. The schedule must comply with Section 6341.c. 3.

vii. Incentives requested.

viii. Any information necessary to describe and evaluate the applicant’s proposed compliance method (i.e. on-site units, in lieu fee, off-

site, etc.).

(Added per Ord. No. 11009 (N.S.) adopted 6-24-26)

DENSITY BONUS PROGRAM

6350 TITLE AND PURPOSE.

The provisions of Sections 6350 through 6399, inclusive, shall be known as the Density Bonus Program/Affordable Housing Program. The purpose of these provisions is to implement the state requirements at Government Code Section 65915 et seq. and the policies and programs in the Housing Element of the San Diego County General Plan. As required by Government Code Section 65915 et seq., these provisions offer density bonuses and incentives or concessions for the development of housing that qualifies under Section 6355. The Density Bonus/Affordable Housing Permit Procedures, commencing at Zoning Ordinance Section 7400, shall apply to all density bonus/affordable housing projects except for housing under the County Affordable Senior Housing Program, which shall comply with the procedures found at Zoning Ordinance Section 6360 a.2.

In order to be eligible for a density bonus and other incentives or concessions, a proposed project shall comply with the following provisions of the Density Bonus/Affordable Housing Program and all other applicable local, state, and federal requirements.

(Added by Ord. No. 10068 (N.S.) adopted 8-4-10)

(Amended by Ord. No.10592 (N.S.) adopted 2-27-19)

6355 ELIGIBILITY FOR AFFORDABLE HOUSING/DENSITY BONUS PROGRAM AND PERMIT.

a. Income and Age Requirements. A housing development proposed to qualify for shall be designed and constructed so that it includes at least one of the following:

1. At least five percent of the total number of base units are reserved as affordable for very low income households.

2. At least ten percent of the total number of base units are reserved as affordable for lower income households.

3. The project is a senior citizen housing development or is a mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Civil Code Sections 798.76 or 799.5. No affordable units are required to receive a density bonus. Market rate age restricted units are not eligible for an incentive, waiver, or concession.

4. Ten percent of the total dwelling units in a common interest development, as defined in Civil Code Section 1351, for persons and families in a moderate income household provided that all units in the development are offered to the public for purchase.

5. At least ten percent of the total dwelling units in the development are reserved as affordable at a very low income level to transitional foster youth as defined in Section 66025 of the California Education Code, disabled veterans as defined in Section 18541 if the California Government Code, or homeless persons as described in the California McKinley Vento Homeless Assistance Act.

6. Under the County Affordable Senior Housing Program, one hundred percent of the units are reserved at an affordable rent, as defined in Health and Safety Code Section 50053, to very low, low, or moderate income senior citizens.

b. Land Donation. An applicant for a tentative subdivision map, parcel map, or other residential development, who donates at least one acre of land to the County for very low income housing and has the appropriate General Plan designation, zoning, permits and approvals, and access to public facilities, shall be eligible for a density bonus.

c. Condominium Conversion Projects. An applicant who proposes to convert apartments to a condominium project, provides at least 33 percent of the total base units for moderate income households or at least 15 percent for lower income households, and meets the requirements of Government Code Section 65915.5 shall be eligible for a density bonus.

d. Child Care Facilities. A housing development that meets one of the eligibility requirements of subsections a.1. through a.4. and includes a child care facility located on the site of, as part of, or adjacent to, the development shall be eligible for a density bonus as defined in Government Code Section 65915(h).

e. Senior Citizen Housing. To meet the eligibility requirements of subsection a.3., a Senior Citizen Housing Development must have at

least 35 dwelling units, exclusive of the bonus units.

f. Student Housing. An applicant who proposes to construct a housing development in which all development units will be used for

students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. The developer must also enter into an agreement with an institution of higher education to the effect that where 20 percent of the units are used for lower income students, as defined, provided at a specified rent level, and provide priority for the applicable affordable units for lower income students experiencing homelessness, the units shall be subject to a recorded affordability restriction of 55 years.

g. Ineligible Projects -- Required Replacement of Affordable Units.

1. An applicant shall be ineligible for a density bonus or any other incentives or concessions under this section if: a) the development is proposed on any property that includes any existing affordable rental dwelling units occupied by lower or very low income households; b) if such affordable dwelling units have been vacated or demolished in the five-year period preceding the application; and c) such affordable dwelling units have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income. However, an applicant may establish eligibility if the proposed housing development replaces those units, and either of the following applies: i. The proposed housing development, inclusive of the units replaced pursuant to this subsection (f)(2), contains affordable units at the percentages set forth in subsection a. ii. Each unit in the development, exclusive of a manager’s unit or units, is affordable to, and occupied by, either a lower or very low income household. 2. The number and type of required replacement units shall be determined as follows: i. For a development containing any occupied dwelling units, the development must contain at least the same number of replacement dwelling units, of equivalent size and bedrooms, and must be made affordable to and occupied by persons and families in the same or a lower income category as the occupied dwelling units. For unoccupied dwelling units in the development, the replacement dwelling units shall be made affordable to and occupied by persons and families in the same or lower income category as the last household in occupancy. If the income category of the last household is unknown, it is presumed, unless proven otherwise, that the dwelling units were occupied by lower income rente households in the same proportion of lower income renter households to all renter households within the County of San Diego, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database, and replacement dwelling units shall be provided in that same percentage. ii. If all of the dwelling units are vacant or have been demolished within the five years preceding the application, the development must contain at least the same number of replacement dwelling units, of equivalent size and bedrooms, as existed at the highpoint of those units in the five year period preceding the application, and must be made affordable to and occupied by persons and families in the same or a lower income category as those in occupancy at that same time. If the income categories are unknown for the highpoint, it is presumed, unless proven otherwise, that the dwelling units were occupied by very low income and low income renter households in the same proportion of very low income and low income renter households to all renter households within the County of San Diego, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database, and replacement dwelling units shall be provided in that same percentage.

(Added by Ord. No. 10068 (N.S.) adopted 8-4-10)

(Amended by Ord. No.10592 (N.S.) adopted 2-27-19)

(Amended by Ord. No. 10858 (N.S.) adopted 7-19-23)

6360 DENSITY BONUS.

a. Density Bonus Allowance. A development that complies with the eligibility requirements of Section6355 shall be entitled to a density bonus as follows:

Density Bonus Table. The total number of base units, exclusive of the additional bonus units, shall be the basis for determining the

percentage of affordable units. The total number of base units shall be calculated in accordance with Section 6360 b and be consistent with the maximum allowable residential density under the Zoning Ordinance and the Land Use Element of the General Plan. The density bonus shall be calculated based on the Density Bonus Tables. The Density Bonus Table is intended to be compliant with California Government Code Section 65915.

DENSITY BONUS TABLE

Income Category Reserved Units Bonus

Bonus Allowed Minimum % of Base Units Household Income Category of Affordable that must be Reserved to Minimum Bonus Additional bonus for Maximum Bonus Units qualify for Bonus each 1% increase in (% of Base Units) reserved units (% of Base Units)

Income Category Reserved Units Bonus

Bonus Allowed

Minimum % of Base Units Minimum Bonus Additional bonus for Maximum Bonus

Household Income Category of Affordable that must be Reserved to each 1% increase in Units qualify for Bonus (% of Base Units) reserved units (% of Base Units)

2.5 for 6 to 11%;

Very Low Income 5% 20% 3.75% for 12 to 50%

15% 1.5% for 11 to

Low Income 10% 20% 50% 20%; 3.75% for 21 to 24% Very Low or Low Income 100% 80% -- 80% 1% for 11 to 40; Moderate Income (Ownership Units Only) 10% 5% 50% 3.75% for 41-44% Age Restricted Senior Citizen Housing 100% 20% -- 20% Development Transitional Foster Youth, Disabled Veterans, Homeless 10% 20% -- 20% Land Donation for Very Low Income 10% of Market-Rate Units 15% 1% 35% Housing Common Interest Development 10% 5% 1% 35% Student Housing for Full-Time Enrolled 20% 35% -- 35% Students Condominium Conversion Lower Income 15% 25% -- 25% Moderate Income 33% 25% -- 25% Must qualify under Section Additional residential space equal to or greater than the square Child Care Facility 6355 a.1. a.4. footage of the child care facility or one additional incentive County Affordable Senior Housing Program (Rental Units Only) Very Low Income 100% 50% to a maximum of 45 units/acre* Low Income 100% 45% to a maximum of 45 units/acre* Moderate Income 100% 40% to a maximum of 45 units/acre* Commercial Development with Affordable Pursuant to Government Pursuant to Section 6365 Housing Code 65915.7

• The density cap of 45 units per acre is calculated based on the net lot area.

  2. County Affordable Senior Housing Program.

     i. An Administrative Permit authorizing a density bonus for an affordable rental senior housing project may be approved

     in accordance with the Administrative Permit Procedure commencing at Section 7050 if the project meets the

     requirements of Section 6355 a.5. and this section and if it is found that the location, size, and design of the proposed use will not adversely affect or be materially detrimental to the San Diego County General Plan, adjacent uses, residents, buildings, structures, or natural resources, with consideration given to:

     a) The type and density of the housing development would not have a harmful adverse effect on surrounding neighborhood character.

     b) The site is physically suitable for the density of development proposed.

     c) There is demonstrated capacity and service of sewer, water, schools (as may be required), fire, police

     protection and utilities available to the housing development.

     d) The housing development and surrounding areas have adequate access to accommodate the generation of traffic.

     e) The site has reasonable proximity and access to special support services (e.g., retail and convenience uses, public transit, emergency medical facilities, etc.) as may be required by the type and density of development proposed.

     ii. The County Affordable Senior Housing Program shall be available only to a housing development of five or more

     dwelling units, exclusive of the bonus units. The residents shall be persons 62 years of age or older or 55 years of age or older in a senior citizen housing development consisting of at least 35 dwelling units, exclusive of the bonus units.

     iii. The housing development must be located in an area with a General Plan density of at least 10.9 units per acre.

     iv. Density bonus calculations shall be made as specified in Section 6360 b.

     v. Bonus units must be reserved and rented to senior citizens at the same level of affordability as the proposed

     development.

     vi. The maximum density, including the bonus units, cannot exceed 45 units per acre based on the net lot area.

     vii. The applicant will be required to enter into a density bonus housing agreement with the County’s Department of

  Housing and Community Development. The agreement shall be subject to and comply with the density bonus housing agreement provisions set forth in Section 7430.

  viii. A housing development located in a specific plan area shall not be allowed a density bonus which causes the overall

  maximum density of the specific plan to be exceeded.

  ix. Parking requirements shall be met as specified in Section 6370.

x. Requested incentives are subject to the provisions of Zoning Ordinance Section6365, except that the applicant shall not be required to submit a financial documents under Section 7410 b.2. An applicant for a project under the County Affordable Senior Housing Program shall receive up to four incentives, unless disapproved with written findings in accordance with Section 7420 a.

3. Land Donation For Very Low Income Units. When an applicant for a tentative subdivision map, parcel map, or other
residential development approval donates land to the County for very low income housing and meets the requirements of
Government Code Section 65915(g), the applicant shall be entitled to a 15 percent minimum increase above the otherwise
maximum allowable residential density as shown in the table below.

i. The donated land must have all permits and approvals necessary for the development of very low income housing units
equal to at least 10 percent of the market rate units within the proposed development.

ii. If the proposed development also includes units reserved for affordable housing, the density bonus from the donated
land shall be in addition to the density bonus permitted for the provision of housing reserved for very low, low, moderate,
or senior households up to a maximum combined density increase of 35 percent.

Percentage of Units Very Low Income Percentage Density Bonus

Percentage of Units Very Low Income Percentage Density Bonus

10 15 11 16 12 17 13 18 14 19 15 20 16 21 17 22 18 23 19 24 20 25 21 26 22 27 23 28 24 29 25 30 26 31 27 32 28 33 29 34 30 35

4. Condominium Conversion Projects. A condominium conversion project which meets the requirements of Government Code Section 65915.5 shall receive either a density bonus of 25 percent or incentives of equivalent financial value unless the development previously received density bonus or other incentives, in which case it is ineligible for the Density Bonus Program/Affordable Housing Program.

5. Child Care Facilities. A housing development with a child care facility that meets the eligibility requirements of Section6355 d. shall be entitled to one of the following subject to the requirements of Government Code Section 65915(h):

   iii. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the

amount of square feet in the child care facility. Any additional amount of residential space that exceeds the amount of square feet in the child care facility must be approved by the approving authority. The additional square feet of residential space may be used for additional residential units that must meet the average square footage size of the other residential units in the development.

iv. An additional incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

6. 100% Affordable Developments in Transit Accessible Areas. No maximum density shall be required for a housing development project that meets the 100 percent affordability requirements of Section 65915(b)(1)(G) and that is built within one- mile of a major transit stop as defined by subdivision (b) of Section 21155 of the Public Resources Code or is located in a very low vehicle travel area as defined by subdivision (o) of Section 65915 of the California Government Code. The applicant shall also receive a height increase of up to three additional stories, or 33 feet.

b. Density Bonus Calculations.

1. Base Units. The number of base units shall not exceed the maximum allowable residential density as permitted by the County’s Zoning Ordinance and General Plan.

   i. The net lot area of the project site shall be the basis on which the number of base units is determined.

   ii. The density bonus percentage shall be calculated using the total number of base housing units and shall not include

   the density bonus units.

iii. When calculating the maximum number of base dwelling units permitted on a project site any fraction of a base dwelling unit shall be rounded up to the nearest whole number of dwelling units.

iv. The maximum number of dwelling units permitted within the exterior boundary lines of any subdivision or a single lot,

shall be reduced to an achievable number of dwelling units when such reduction is needed to comply with all applicable land use requirements. The resulting density shall be the Maximum Allowable Residential Density.

2. Density Bonus Units. When calculating the number of density bonus units to be granted to an applicant under Government

Code section 65915, a fraction of a density bonus unit shall be rounded up to the nearest whole number.

3. Split Zones. If the housing development site is located in two or more zones, the number of dwelling units permitted in the

development is the sum of the dwelling units permitted in each of the zones. Within the development, the permitted number of dwelling units may be distributed without regard to the zone boundaries.

4. Other regulatory incentives pursuant to Section 65915 of the Government Code.

(Added by Ord. No. 10068 (N.S.) adopted 8-4-10)

(Amended by Ord. No.10592 (N.S.) adopted 2-27-19)

(Amended by Ord. No. 10858 (N.S.) adopted 7-19-23)

6365 INCENTIVES.

a. Types of Incentives. An applicant eligible for an Affordable Housing Permit pursuant to Section6355 may qualify for one or more of the following incentives whether or not a density bonus is requested:

1. A reduction or deviation in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code. These may include, but not are not limited to, a reduction in setback and square footage requirements, increased building heights, or a reduction in the ratio of vehicular parking spaces that would otherwise be required. These reductions or deviations shall result in identifiable and actual cost reductions, to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c).

2. Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.

3. Other regulatory incentives proposed by the applicant or the County that will result in identifiable, actual cost reductions to provide for affordable housing costs as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c).

b. Proof of Cost Reduction. Proof of identifiable, actual cost reduction associated to reduce the cost of the housing development to provide for affordable housing costs may be required of the applicant pursuant to Section 7410.

c. Permitted Number. The applicant shall receive the following number of incentives, unless disapproved in accordance with written findings as described in Section 7420 a:

INCENTIVES SUMMARY

Income Category of Reserved Units % of Reserved Units

Very Low Income -- 5% 10% 15% Low Income -- 10% 17% 24% Moderate Income (Ownership Units Only) -- 10% 20% 30% County Affordable Senior Housing Program (Rental Units Only) -- -- -- 100% Lower income students in a student housing development 20% -- -- -- Maximum Number of Incentives 1 2 3 4

d. Incentives for Commercial Development. Pursuant to Government Code Section 65915.7, an applicant for a commercial development that has entered into an agreement with an applicant for a residential development that provides at least 15 percent of the dwelling units as affordable to very low income households or at least 30 percent of the dwelling units as affordable to low income households shall be entitled to an incentive in accordance with Government Code Section 65915.7(b) provided that the agreement is approved by the Planning & Development Services Director and the commercial development will contribute to affordable housing in one of the following ways:

1. Directly constructing the affordable dwelling units on the commercial site or a site that is within the jurisdiction of the County, in close proximity to public amenities including schools and employment centers, and located within one-half mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code.

2. Donating a portion of the commercial site or another site that meets the criteria in Section6365 c.1. for development of the affordable dwelling units; or 3. Financially contributing to the development of the affordable dwelling units.

   e. Nothing in this section requires the County to provide direct financial incentives for the housing development, including but not limited to, the provision of publicly owned land or the waiver of fees or dedication requirements.

This section does not supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code).

(Added by Ord. No. 10068 (N.S.) adopted 8-4-10)

(Amended by Ord. No.10592 (N.S.) adopted 2-27-19)

(Amended by Ord. No. 10858 (N.S.) adopted 7-19-23)

6367 WAIVER OF DEVELOPMENT STANDARDS

a. An applicant may submit a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a housing development at the densities or with the incentives permitted by the Density Bonus Program/Affordable Housing Program.

b. Development standards that may be waived or reduced under this section include site or construction conditions that apply to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation, including, but not limited to the following:

i. A height limitation.

ii. A setback requirement.

iii. A floor area ratio.

iv. An onsite open-space requirement.

v. A parking ratio that applies to a residential development.

c. A proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of

a development at the densities or with the incentives permitted by the Density Bonus/Affordable Housing Regulations shall be approved unless the approval authority makes a written finding to deny the proposal, based upon substantial evidence, as specified in Section 7420 b.

(Added by Ord. No. 10068 (N.S.) adopted 8-4-10)

(Amended by Ord. No.10592 (N.S.) adopted 2-27-19)

6370 PARKING REQUIREMENTS.

a. Applicability. The following parking requirements apply to eligible developments in accordance with Section6355. Affordable housing projects that also meet the requirements of Government Code 65913.4 and are processed through ministerial review consistent with Section 7400 are subject to the parking requirements of Government Code 65913.4(d) rather than those in this section. Any additional parking modifications will be considered an incentive pursuant to Section 6365.

b. Number Of Parking Spaces Required.

The following maximum vehicular parking ratios apply for a project that meets the eligibility requirements of Section6355, inclusive of parking for the disabled and guest parking.

PARKING REQUIREMENTS

Number of Bedrooms Number of on-site parking spaces needed

0 – 1 1
2 – 3 1.5
4+ 2.5

c. Lower parking ratios also apply to the following projects:

1. 0.5 space per bedroom for rental or for sale projects with at least 11% very low income or 20% lower income units, and within
one-half mile of unobstructed access to a major transit stop as defined in subdivision (b) of Section 21155 of the Public
Resources Code. Unobstructed access means if a resident is able to access the major transit stop without encountering natural
or constructed impediments.

2. No space required for rental projects that are 100% affordable to lower income households (exclusive of a manager’s unit),
and within one-half mile of unobstructed access to a major transit stop as defined in subdivision (b) of Section 21155 of the
Public Resources Code.

3. No space required for age-restricted rental senior projects that are 100% affordable to lower income households, and have
paratransit service or are within one-half mile of accessible fixed bus route service operating at least eight times per day.

4. No space required for special needs housing development as defined in Section 51312 of the Health and Safety Code, and
have paratransit service or are within one-half mile of accessible fixed bus route service operating at least eight times per day.

d. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to
the next whole number.

e. This Density Bonus Program/Affordable Housing Program does not preclude the County from reducing or eliminating a parking
requirement for development projects of any type in any location.

f. Location of Parking. For purposes of this density bonus program, a development may provide on-site parking through tandem
parking or uncovered parking, but not through on-street parking

g. Religious Institution Affiliated Housing Project. Parking requirements for religious institution affiliated housing development projects
are as provided in California Government Code Section 65913.6

Religious institution/assembly parking may count towards religious institution/assembly affiliated housing parking requirements. Up to 50% of existing or proposed religious institution/assembly parking spaces may be eliminated as a part of a religious institution/assembly affiliated housing development project. The elimination of religious- use parking spaces pursuant to a religious institution affiliated housing development

project that has been approved does not constitute a concession pursuant to California Government Code Section 65915. The reduction in parking spaces shall not reduce the minimum parking standards required of a religious institution affiliated housing development project below one space per unit. The request to share parking is exempt from a discretionary permit review or modification, and exempt from the non- conforming regulations.

This shall not apply to a religious institution affiliated housing development project if either of the following is true:

1. The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code or a major transit stop as defined in Section 21064.3 of the Public Resources Code.

2. There is a car share vehicle located within one block of the parcel.

(Added by Ord. No. 10068 (N.S.) adopted 8-4-10)

(Amended by Ord. No.10592 (N.S.) adopted 2-27-19)

(Amended by Ord. No. 10858 (N.S.) adopted 7-19-23)

6375 AFFORDABLE UNITS AND REPLACEMENT UNITS.

a. Duration of Affordability.

1. An applicant for new affordable housing shall agree to, and the County shall ensure, the continued affordability of all very low and low-income rental units that qualified the applicant for the award of the density bonus or incentives or other concessions for 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

2. Replacement units shall be subject to a recorded affordability restriction for 55 years or longer.

b. Unit Affordability Requirements.

1. Rental Units. Rents for the lower income and moderate income reserved units shall be set at an affordable rent as defined in Health and Safety Code Section 50053.

2. Owner-occupied Units. Owner-occupied affordable units and replacement units shall be available at an affordable housing cost as defined in Health and Safety Code Section 50052.5.

c. Occupancy and Resale of Moderate Income Common Interest Development Units.

1. An applicant shall agree to, and the County shall ensure, that the initial occupant of moderate income units that are directly related to the receipt of the density bonus in a common interest development, as defined in Civil Code Section 1351, are persons and families of moderate income, as defined in Health and Safety Code Section 50093, and that the units are offered at an affordable housing cost, as defined in Health and Safety Code Section 50052.5. 2. The County shall enforce an equity sharing agreement as specified in California Government Code Section 65915(c)(2) d. Location and Type of Reserved Units. 1. Location/Dispersal of Units. Affordable units shall be reasonably dispersed throughout the development where feasible and shall contain on average the same number of bedrooms as the market rate units. Affordable housing units within a mixed-income structure shall not be isolated to a specific floor or area on a specific floor. 2. Phasing. If a project is to be phased, the reserved units shall be phased in the same proportion as the market rate units or phased in another sequence acceptable to the County. The affordable units shall be constructed concurrently with or prior to construction of the market rate units. 3. Exterior Appearance. The exterior appearance and quality of the reserved units shall generally be similar to the market rate units, with exterior materials and improvements similar to and architecturally compatible with the market rate units in the development. 4. Entrance/Exits. The occupants of the affordable housing units in the mixed-income multifamily structure shall have the same access to the common entrances to that structure as the occupants of the market-rate housing units. 5. Common Areas. The occupants of the affordable housing units in the mixed- income multifamily structure shall have the same access to the common areas and amenities of that structure as the occupants of the market-rate housing units. e. Replacement Units. All proposed projects that require residential unit demolition shall provide replacement units pursuant to any applicable requirements in section 65915 and section 66300 of the Government Code.

(Added by Ord. No. 10068 (N.S.) adopted 8-4-10)

(Amended by Ord. No.10592 (N.S.) adopted 2-27-19)

(Amended by Ord. No. 10858 (N.S.) adopted 7-19-23)

RESORT SERVICES REGULATIONS

6400 TITLE AND PURPOSE.

The provisions of Section 6400 through 6449, inclusive, shall be known as the Resort Service Regulations. The purpose of these provisions is to ensure that transient habitation uses providing resort services meet minimum standards of habitability and do not adversely impact surrounding property.

6401 APPLICATION.

The section shall apply only to those uses classified in the Transient Habitation: Resort Use Type.

6402 GENERAL STANDARDS.

a. Minimum Site Area. Each resort services use shall occupy a site not less than 5 acres in area.

b. Density. A resort services use shall not have a density of transient habitation units greater than the higher of the following:

1. Five transient habitation units per acre, or

2. The number specified by the applicable Density Designator or the General Plan.

c. Setbacks from Property Lines. No building or structures, except a fence or wall, shall be located closer than 30 feet to any property line except that in the C42 Zone, setbacks shall comply with those specified by the applicable setback designator.

d. Campground Space. Each campground space which may be provided shall accommodate only one recreational vehicle or tenting party, be clearly designated, be not less than 1,500 square feet in area, and front on a roadway not less than 25 feet wide that affords access to a street.

e. Occupancy Limitations. No person or group of persons shall occupy any transient habitation unit as a permanent family residential or group residential use. No person shall occupy one or more transient habitation units anywhere within a resort services facility for more than a total of 90 days in any 12 month period, nor shall the cumulative occupancy by any person of different transient occupation units anywhere within the use exceed a total of 90 days in any 12 month period.

f. Interior Roadways. Interior roadways in a resort services use shall have a minimum width of 15 feet for one-way roads with no side

parking, and a minimum width of 24 feet for two- way roads with no side parking.

g. Common Open Space. Of the total site area of any resort services use not less than 60 percent shall be developed as picnic grounds, outdoor sport or recreation facilities and/or private park.

h. Completion of Improvements. None of the transient habitation units of a resort services use shall be occupied until all improvements otherwise required by this ordinance have been completed.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6761 (N.S.) adopted 4-25-84)

(Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

6403 IMPACT ON SURROUNDING PROPERTY.

a. Public Address Systems. Public address systems shall not be used by resort services at such a volume as to allow words to be understood outside the boundaries of the lot or parcel on which the activity is located.

b. Outdoor Lighting. Outdoor lighting used by resort services uses shall be adjusted to reflect light away from roads and driveways and from adjoining property, except that a bona fide system of street lights may be used if it does not cause light to be reflected on adjoining property.

6404 ACCESSORY USES.

A resort services use may include the following accessory uses.

a. Food Services. Restaurants, lunch counters, and/or snack bars.

b. Assembly. A building or buildings designed for use for indoor meetings, entertainment and/or recreation.

c. General Store. If 50 transient habitation or more units have been lawfully established in the resort services use, a general store having a total floor area of not more than 1,000 square feet.

RECREATIONAL VEHICLE PARK REGULATIONS

6450 TITLE AND PURPOSE.

The provisions of Section 6450 through 6499, inclusive, shall be known as the Recreational Vehicle Park Regulations. The purpose of these regulations is to ensure that recreational vehicle parks meet minimum standards of habitability and do not adversely impact on surrounding property.

6452 APPLICATION.

These regulations shall apply to all uses classified in the Transient Habitation: Campground Use Types. Nothing herein contained shall be deemed to relieve the owner or operator of a recreational vehicle park of the duty of complying with all applicable state laws and regulations.

6454 PERMIT REQUIRED.

Where required by the applicable Use Regulations, an RV park may be authorized upon the issuance of a Major Use Permit as provided by the Use Permit Procedure commencing at section 7350 or by the Site Plan Permit Procedure (in the C42 Use Regulations in the California Coastal Zone) commencing at section 7150. An RV park shall comply with Section 6456 and 6458 except as authorized by Section 6460.

(Amended by Ord. No. 6506 (N.S.) adopted 1-5-83)

(Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

6456 GENERAL STANDARDS.

a. Location. Recreational vehicle parks shall be established for the convenience of the travelling public and shall be located in areas with convenient access to a County road.

b. Minimum Site Area. Recreational vehicle parks shall be located on a parcel of land not less than 3 acres in area.

c. Density of Occupation. Occupancy of campground spaces within recreational vehicle parks is limited to one recreational vehicle or 2 tents in each campground space.

d. Limitations. Length of occupancy of campground spaces shall be regulated as follows:

1. Persons occupying vehicles with total hook-up capacity, including sewer, water and electricity, shall not occupy any campground space in a recreational vehicle park for a period exceeding 90 days in any 12 month period, nor shall the cumulative occupancy by such persons of different campground spaces anywhere in the facility exceed a total of 90 days in any 12 month period. However, a different occupancy limitation may be specified as a condition of approval of a Use Permit. If no occupancy limitation is specified in an approved Use Permit for a recreational vehicle park that was approved prior to October 20, 1995, there shall be no occupancy limitation in such a park for persons occupying vehicles with total hook-up capacity.

2. Persons occupying tents or vehicles with less than total hook-up capacity shall not occupy any campground space in a recreational vehicle park for a period exceeding 30 days in any 12 month period, nor shall the cumulative occupancy by such persons of different campground spaces anywhere in the facility exceed a total of 30 days in any 12 month period.

3. The recreational vehicle park manager shall reside continuously in the recreational vehicle park on a campground space or in a permanent dwelling unit. The park manager shall maintain a log of the names of persons and dates of occupancy of campground spaces. The log shall be made available to a codes enforcement officer if a question arises as to compliance with these occupancy limitations.

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95)

(Amended by Ord. No. 9690 (N.S.) adopted 12-15-04)

(Amended by Ord. No. 9958 (N.S.) adopted 12-10-08)

6458 DEVELOPMENT CRITERIA.

a. Perimeter. The recreational vehicle park shall be designed and developed in a manner compatible with and complimentary to existing and potential development in the immediate vicinity of the project site. Site planning on the perimeter shall give consideration to protection of the property from adverse environmental influences within the development, especially drainage problems or potential insect breeding sites. Further consideration shall be given to ensuring the protection of surrounding areas from potentially adverse effects on the development.

b. Fences and Wall. Each recreational vehicle park shall be entirely enclosed at its exterior boundaries by appropriate decorative screening or landscaping material; provided, however, that said screen when located within a front yard shall be constructed at or behind the required setback.

c. Park Setbacks. The setbacks prescribed by the applicable zone shall apply to recreational vehicle parks except where the following are more restrictive:

1. A 10-foot setback from the street right-of-way along a side street.

2. A 15-foot front yard setback from the street right-of-way.

d. Minimum Campground Space Dimensions. Each campground space within a recreational vehicle park shall be not less than 1,000 square feet in area, except that 50 percent of said spaces may be not less than 650 square feet in area for the accommodation of tents and small camping units only.

e. Individual Campground Space Setbacks.

1. Each recreation vehicle or tent occupying a campground space and all accessory buildings shall maintain a 6-foot setback from any building, or other travel trailer, recreational vehicle or tent, pursuant to regulations contained in Title 25 of the California Administrative Code. 2. No recreational vehicle or tent shall be permitted to locate less than 6 feet from any abutting property. 3. No recreational vehicle or tent shall be located less than 15 feet from any street right-of-way. f. Landscaping. All setbacks from streets and other areas in a recreational vehicle park not used for driveways, parking, buildings and service areas shall be landscaped in accordance with the conditions of the use permit. Walls, earthen berms, and landscaped buffer strips shall be used wherever possible to minimize noise from highway sources. g. Portable Accessory Structures. Accessory structures or fixtures shall be permitted, provided that such structures or fixtures are portable. No permanent cabana or building shall be installed or constructed in any campground space. h. Interior Roadways. Private streets within a recreational vehicle park shall have the following minimum clearance widths: 1. One-way with no side parking 15 feet 2. One-way with parking permitted on one side 22 feet 3. Two-way with no parking on either side 20 feet 4. Two-way with parking permitted on one side 27 feet 5. Two-way with parking permitted on both sides 34 feet

   Adequate roadway space for turn-arounds shall be provided.

   i. Off-street Parking. Parking spaces in a recreational vehicle park shall be provided as required by the Parking Regulations

commencing at Section 6750.

j. Utilities. All utilities, including cable television lines, shall be placed underground.

k. Locational Map. Each campground space in a recreational vehicle park shall be clearly identified and a locational map shall be provided at the park office.

l. Trash Collection. Common storage enclosures for garbage and trash shall be provided. Such enclosures shall be of sturdy

construction and designed to screen trash and garbage receptacles from public view.

m. Lighting. Adequate artificial lighting shall be provided for all walkways, streets, parking areas, sanitary facilities, storage areas, and recreational facilities. No lighting shall be constructed or positioned so as to cause direct or undesirable illumination of adjacent property or campground spaces within the park.

n. Sanitary Facility. Sanitary facilities for a recreational park facility shall be in accordance with the regulations of Title 25 of the California Administrative Code and shall include:

1. The availability of a potable water supply from a public utility or a distributor holding a valid permit from the state. Water supplies from other sources shall be approved by the San Diego County Department of Environmental Health. 2. Sewer connections to recreational vehicle spaces in accordance with the requirements of Chapter 5, Title 25 of the California Administrative Code and as approved by the San Diego County Department of Environmental Health. 3. A trailer sanitation station designed and constructed in accordance with the regulations of Title 25. 4. Toilets, showers and lavation for the exclusive use of the occupants of the recreational park shall be provided as required by Title 25 of the California Administrative Code. 5. Laundry facilities in accordance with the requirements of Title 25 of the California Administrative Code. o. Storage Facilities. Storage facilities may be provided for the storage of vehicles belonging to park occupants. Storage areas shall be paved and enclosed by a solid wall or fence not less than 6 feet in height.

   p. Permanent accessory structures. Permanent accessory structures within an RV Park on approved individual RV lots shall be

   allowed per California Code of Regulations, Title 25, Division 1, Chapter 2.2, Article 9, as permitted by the owner of the park and a building permit. No other accessory structures are allowed. The addition of accessory structures within an RV Park individual lot does not require approval of a modification or minor deviation of the Use Permit.

(Amended by Ord. No. 5976 (N.S.) adopted 1-28-81)

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95)

(Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

6460 MODIFICATION OF DEVELOPMENT CRITERIA.

Modification of the development criteria of Section 6458 may be granted by the approving authority when it determines that such modification will not be detrimental to the public interest; provided, however, no modification shall be granted from any requirements specified in Title 25 of the California Administrative Code.

(Amended by Ord. No. 6506 (N.S.) adopted 1-5-83)

(Amended by Ord. No. 6855 (N.S.) adopted 10-10-84)

6462 ACCESSORY USES AND STRUCTURES.

A recreational vehicle park may include the following accessory uses and structures; provided such uses and structures are designed to be clearly accessory to the recreational vehicle park and intended for the convenience of the occupants and their guests and are permitted by the Use Permit applicable to the recreational vehicle park:

a. Assembly and Recreation. A building or buildings designed for indoor assembly and/or recreation.

b. Commercial Services. Commercial structures and uses such as a general store, restaurant, lunch counter, and/or snack bar.

c. Personal Services. Service buildings and facilities incidental to and customarily accessory to permitted uses, including sauna baths and swimming pools.

(Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

MOBILEHOME (MANUFACTURED HOME) REGULATIONS

6500 TITLE AND PURPOSE.

The provisions of Section 6500 through 6549, inclusive, shall be known as the Mobilehome (Manufactured Home) Regulations. The purpose of these provisions is:

a. To supplement the zone regulations applied to mobilehomes with additional standards and procedures which will promote a satisfactory living environment for residents of mobilehomes and will permit a mix of mobilehomes and other types of housing within the county.

b. To better facilitate utilization of mobilehomes as a housing resource.

c. To permit greater diversity in the types of mobilehome parks.

(Amended by Ord. No. 5612 (N.S.) adopted 10-10-79)

(Amended by Ord. No. 5786 (N.S.) adopted 6-4-80)

(Amended by Ord. No. 6215 (N.S.) adopted 1-13-82)

Mobilehome on Private Lot Regulations

6502 APPLICATION.

The provisions of Sections 6502 through 6506, inclusive, apply to mobilehomes located on a private lot wherever a single detached residential building is permitted.

(Added by Ord. No. 6215 (N.S.) adopted 1-13-82)

(Amended by Ord. No. 6855 (N.S.) adopted 10-10-84)

6504 EFFECT OF LOCATING A MOBILEHOME ON A PERMANENT FOUNDATION SYSTEM.

A mobilehome which has been placed on a private lot and on a permanent foundation system pursuant to these regulations shall be subject to local property taxation.

(Added by Ord. No. 6215 (N.S.) adopted 1-13-82)

6506 REQUIREMENTS FOR PLACING A CERTIFIED MOBILEHOME ON A PRIVATE LOT.

a. Eligibility. A mobilehome that was constructed after September 15, 1971, and was issued an insignia of approval by the California
Department of Housing and Community Development or a mobilehome that has been certified under the National Mobilehome
Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) may be located on a private lot only upon compliance
with the requirements set forth below.

b. Requirements. An eligible mobilehome shall comply with the following requirements when located on a private lot:

1. Has not been altered in violation of applicable codes.

2. Is occupied only as a residential use.

3. Is in conformance with all provisions of this Ordinance, The Subdivision ordinance and the Health and Safety Code
applicable to residential structures. Subject to the foregoing regulations, mobilehomes may be located on the same lot containing
conventionally constructed dwellings.

4. If attached to a permanent foundation system it shall comply with the provisions of Section 18551 of the Health and Safety
Code.

5. Is covered with an exterior wall material customarily used on conventional dwellings. The exterior covering material shall
extend to the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior covering material
need not extend below the top of the foundation.

6. Roofs shall have a pitch of not less than 2 inch vertical rise for each 12 inches of horizontal run and consist of shingles or other material customarily used for conventional dwellings, unless waived by the Director under 8. or 9. below. 7. All roofs shall include roof overhangs of not less than one foot measured from the vertical side of the mobilehome, except where the location of attached structures, such as carports, garages, porches, or similar structures precludes the continuation of the overhang, or unless waived by the Director under 9. below. 8. The Director may waive the roof pitch and eave requirement for attached accessory portions of the structure such as carports, porches, or similar canopy structures not enclosed by solid walls. Roof parapet walls are not required for such canopy structures. 9. The Director may waive the roof pitch and/or the roof overhang requirement if the roof for the main structure is concealed from view by parapet walls consistent with a commonly recognized architectural style such as Santa Fe or Mission style. c. Building Permit. Prior to installation of a mobilehome on a permanent foundation system, the mobilehome owner or a licensed contractor shall obtain a building permit from the Department of Planning and Development Services. To obtain such a permit, the owner or contractor shall comply with all requirements of Section 18551(a) of the Health and Safety Code.

   d. Cancellation of Registration. The owner shall comply with the regulations established pursuant to Section 18551(b) of the Health and Safety Code for cancellation of registration of a mobilehome. The owner shall also comply with the provisions of Section 18550(b) of the Health and Safety Code.

   e. Approval for Occupancy. The Director shall determine that the proposed project is in compliance with all applicable requirements and conditions prior to issuing final approval for occupancy.

   f. Modification of Requirements. Unless otherwise specified, no modification may be granted from these requirements or from the

   requirements specified in Title 25 of the California Administrative Code which are not subject to local modification.

(Added by Ord. No. 6215 (N.S.) adopted 1-13-82)

(Amended by Ord. No. 6855 (N.S.) adopted 10-10-84)

(Amended by Ord. No. 6865 (N.S.) adopted 11-07-84)

(Amended by Ord. No. 7935 (N.S.) adopted 6-19-91)

(Amended by Ord. No. 8232 (N.S.) adopted 5-5-93)

(Amended by Ord. No. 8555 (N.S.) adopted 7-14-95)

(Amended by Ord. No. 8962 (N.S.) adopted 9-23-98)

(Amended by Ord. No. 10222 (N.S.) adopted 9-25-12. Opr. 11-26-12)

Standard Mobilehome Park Regulations

6510 APPLICATION.

The provisions of Section 6510 through 6529, inclusive, shall be known as the Standard Mobilehome Park Regulations. These provisions shall apply to all uses classified in the Mobilehome Residential Use Type, except those uses permitted pursuant to the Mini-Mobilehome Park Regulations commencing at Section 6530 or the Planned Development Standards commencing at Section 6600.

(Added by Ord. No. 5612 (N.S.) adopted 10-10-79)

(Amended by Ord. No. 5786 (N.S.) adopted 6-4-80)

6512 USE PERMIT REQUIRED.

A standard mobilehome park may be authorized where permitted by the use regulations upon the issuance of a major use permit as provided by the Use Permit Procedure commencing at Section 7350.

(Added by Ord. No. 5612 (N.S.) adopted 10-10-79)

6514 PRE-APPLICATION CONFERENCE.

Prior to submitting an application for a use permit for a mobilehome park, a prospective applicant should consult with the Department to obtain information and to inform the Department of the applicant’s intentions. If requested by the applicant, the Department will schedule a conference to be attended by the applicant and representatives of the Departments of Planning and Development Services, Public Works, Environmental Health, and other agencies as the Department considers necessary. Such a conference shall provide an opportunity to review the applicant’s intended plan and to identify potential requirements or subjects requiring particular attention prior to the applicant entering into binding commitments or incurring substantial expense in preparing plans, surveys, and other data. The applicant shall provide a map showing the proposed mobilehome park site, existing topography, adjoining road rights-of-way, and public access.

(Added by Ord. No. 5612 (N.S.) adopted 10-10-79)

(Amended by Ord. No. 6215 (N.S.) adopted 1-13-82)

(Amended by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95)

(Amended by Ord. No. 9958 (N.S.) adopted 12-10-08)

(Amended by Ord. No. 10068 (N.S.) adopted 8-4-10)

(Amended by Ord. No. 10222 (N.S.) adopted 9-25-12. Opr. 11-26-12)

6516 GENERAL STANDARDS: STANDARD MOBILEHOME PARKS.

a. Minimum Area. A standard mobile home park shall be not less than five acres in area.

b. Density. A standard mobilehome park shall conform to the applicable Density Regulations commencing at Section4100 and at Section 6350.

c. Reclassification. Prior to final construction approval for any new or expanded standard mobilehome park, the owner shall obtain a zone reclassification to a zone which includes the RMH Use Regulations and the “A” Building Designator. Such reclassification requirement may be waived by the Director when a tentative subdivision map is filed concurrently with the related use permit application or for mobilehome parks approved pursuant to the Density Bonus Program (Section 6350 et seq.).

d. Factory-Built Housing. Factory-built housing shall be attached to a permanent foundation system and conform to all other requirements of Section 18611 of the Health and Safety Code.

(Amended by Ord. No. 6045 (N.S.) adopted 4-29-81)

(Amended by Ord. No. 6215 (N.S.) adopted 1-13-82)

(Amended by Ord. No. 6372 (N.S.) adopted 6-09-82)

(Amended by Ord. No. 10068 (N.S.) adopted 8-4-10)

6518 GENERAL DEVELOPMENT CRITERIA: STANDARD MOBILEHOME PARKS

a. Compatibility with Adjacent Land Uses. The standard mobilehome park shall be designed and developed in a manner compatible with and complementary to existing and potential residential development in the immediate vicinity of the project site. Site planning on the perimeter shall give consideration to protection of the property and its residents from adverse surrounding influences, as well as protection of the surrounding areas from potentially adverse influences within the development. A mobilehome park shall relate harmoniously to the topography of its site, make suitable provision for reservation of water courses, wooded areas, rough terrain, and similar natural features and areas, and shall otherwise be so designed as to use such natural features and amenities to best advantage.

b. Setback: Perimeter. Mobilehome and buildings within a standard mobilehome park shall maintain the following setbacks.

1. The setbacks established by the applicable Setback Regulations, commencing at Section4800.

   2. A side yard and rear yard setback of at least 15 feet from the exterior boundary of the mobilehome park.

   3. A setback of 50 feet from the centerline of any street along the exterior boundary of the mobilehome park, except that when

   such street has a right-of-way greater than 60 feet, a setback of 20 feet shall be maintained from the nearest edge of the street right-of-way.

   c. Setbacks: Recreation Use Area. No recreational area or facility specified in the major use permit as being intended for the use of

   more than one family shall be permitted within 100 feet of any external boundary which adjoins, or is separated only by a boundary street from land in any residential zone; provided, however, that where permanent intervening open space at least 100 feet in width exists on adjacent property, this restriction may be modified. d. Fencing and Landscaping. Mobilehome parks shall conform to the Fencing and Landscaping Regulations commencing at Section

   e. Open Space. At least one substantial area of group usable open space shall be provided. Such area shall:

   1. Conform to the Group Usable Open Space Standards of the Open Space Regulations commencing at Section4900. The Group Usable Open Space shall total at least 250 square feet per dwelling unit unless the Open Space Designator provides for another amount.

   2. Be of such size and shape that each side of the rectangle inscribed within it is at least 100 feet in length.

   3. Include outdoor recreational facilities for both active and passive recreation.

f. Recreational Facilities. Completely enclosed indoor recreation facilities shall be provided and shall consist of not less than 10 square feet for each dwelling unit. Outdoor recreational facilities shall provide for both active and passive recreation. This recreation area shall be landscaped, improved and maintained.

g. Interior Access Drives. Interior private access drives shall be paved with at least 2 inches of asphaltic concrete to a width of not less than 25 feet. All corners shall have a minimum 25 foot radius.

h. Storage Area. Common storage areas shall be provided with an enclosed fenced area for the residents of the mobilehome park for the storage of recreational vehicles, trailers, travel trailers, and other licensed or unlicensed vehicles. This area shall total not less than 50 square feet for each mobilehome lot. All storage on a mobilehome lot shall be in accordance with the provisions of Title 25 of the California Administrative Code.

i. Sewer and Water. Each mobilehome lot in a mobilehome park shall be provided with water and sewer connections in accordance

with Title 25 of the California Administrative Code. Water shall be provided by a water supplier having a valid permit from the California Department of Health or the Department of Environmental Health. Public sewers shall be provided by a public agency which has obtained discharge requirements approved by the appropriate California Water Quality Control Board. Individual sewage disposal systems shall be approved by the Department of Health Services.

j. Undergrounding. All sewer and water facilities, electric, gas, telephone, and television signal distribution systems shall be placed

underground.

k. Antennas. A master antenna television (MATV) system shall be provided with underground cable service to at least all mobilehome and other buildings containing dwelling units. This MATV system shall be provided at no charge for service. This requirement may be met by the provision of an underground cable television (CATV) system by a county-licensed CATV operator. No other television antennas shall be permitted unless authorized by the major use permit.

l. Fire Protection. On and off-site fire hydrants and other fire protection facilities shall be installed as specified in the major use permit

and shall be of a type approved by the Chief of the local fire protection district, or if there is no local fire district, by the Fire Services Coordinator.

m. Night Lighting. Artificial light shall be provided and maintained for walks, driveways, parking areas, and other facilities as specified in Title 25 of the California Administrative Code, to assure safe and convenient nighttime use.

n. Signs. Signs shall conform to the On-Premise Sign Regulations commencing at Section6250.

o. Access. Each mobilehome park shall have direct vehicular access from a publicly maintained street. This requirement does not apply to the expansion of an existing mobilehome park when adequate access is obtained through the existing portion of the mobilehome park.

(Added by Ord. No. 5612 (N.S.) adopted 10-10-79)

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95)

6520 MOBILEHOME LOT DEVELOPMENT CRITERIA: STANDARD MOBILEHOME PARKS.

For purposes of Mobilehome Lot Development Criteria as used in this section, mobilehome shall also include factory-built housing as defined in Section 19971 of the Health and Safety Code.

a. Density of Occupation. Each mobilehome lot shall be designed to be occupied by one mobilehome and uses thereto.

b. Lot Size. Each mobilehome shall have the minimum size indicated below based on its occupancy.

Minimum Lot Size

Occupancy (Excluding interior access drives)

A mobilehome not more than 14 feet in width containing 1 dwelling 1,850 square feet unit

A mobilehome more than 14 feet in width containing 1 dwelling unit 3,000 square feet

A mobilehome containing more than 1 dwelling unit 1,500 square feet per dwelling unit

c. Coverage. Not more than 75 percent of the area of a mobilehome lot shall be covered by the mobilehome and its accessory structures.

d. Setback from Interior Access Drive. Each mobilehome lot shall have a front yard setback of not less than 5 feet extending the entire width of the mobilehome lot. A front yard will be measured from the nearest element of the mobilehome or any mobilehome accessory structure to the closest edge of the interior access drive.

e. Side Yard Setback. Each mobilehome lot shall have a side yard in accordance with Title 25 of the California Administrative Code of not less than 3 feet in width along the entire length of the mobilehome lot. A mobilehome lot containing a mobilehome having a height of more than one story shall have a side yard of not less than 5 feet in width along the entire length of the mobilehome lot.

f. Rear Yard Setback. Each mobilehome lot shall have a rear yard in accordance with Title 25 of the California Administrative Code of

not less than 3 feet and shall extend across the entire width of the mobilehome lot. A mobilehome lot containing a mobilehome having a height of more than one story shall have a rear yard of not less than 5 feet along the entire width of the mobilehome lot.

g. Access. All mobilehome lots and recreation facilities shall have access only from an interior access drive.

h. Homes on a Permanent Foundation. No dwelling unit shall be placed on a permanent foundation in a mobilehome park where tenants rent or lease spaces to accommodate their individually owned units. This provisions shall not apply to subdivided parks or to parks where the dwelling units are not owned by the tenants or to parks where the minimum term of lease for a space is 55 years.

i. Number of Dwelling Units to be Specified. Each lot in a mobilehome park shall be designated on the plot plan of the related use

permit and shall specify the number of dwelling units permitted.

j. Plot Plan to Specify Typical Development. The plot plan shall indicate the development proposed for each mobilhome lot through the

use of "typicals" showing the footprint, floor plan and elevations for each proposed structure. The plot plan shall also clearly designate whether homes are to be of the "manufactured" or "factory-built" construction type. In no case shall factory-built housing be permitted unless shown on an approved plot plan.

(Amended by Ord. No. 6215 (N.S.) adopted 1-13-82)

(Amended by Ord. No. 6372 (N.S.) adopted 6-09-82)

(Amended by Ord. No. 7740 (N.S.) adopted 3-28-90)

6522 MODIFICATION OF REQUIREMENTS.

Modification of the development criteria of Sections 6518 and 6520 may be granted by the approving authority when it determines that such modification would not be detrimental to the subject development, adjacent properties and residents, the public interest, or the General Plan. No modification shall be granted from any requirements specified in Title 25 of the California Administrative Code which are not subject to local modification.

(Added by Ord. No. 5612 (N.S.) adopted 10-10-79)

(Amended by Ord. No. 6506 (N.S.) adopted 1-5-83)

6524 ACCESSORY USES AND STRUCTURES PERMITTED.

The following accessory uses and structures may be permitted in mobilehome parks provided that they conform to the requirements of Title 25 of the California Administrative Code:

a. Convenience Structures. Awnings; portable, demountable, or permanent cabanas; storage cabinets and buildings; fences or windbreaks; carports; garages or porches; greenhouses; lathhouses; and other accessory structures permitted by Title 25 of the California Administrative Code.

b. Recreational Facilities. Parks, playgrounds, riding and hiking trails, golf courses, lakes, stables and riding rings, recreational buildings, clubhouses, community centers, and similar uses and facilities; provided that all such uses and facilities are designed for and limited to use by residents of the mobilehome park and their guests, and that such uses and facilities are not authorized on the individual mobilehome lots.

c. Public Utilities. Public utilities and public service facilities.

(Added by Ord. No. 5612 (N.S.) adopted 10-10-79)

Mini-Mobilehome Park Regulations

6530 APPLICATIONS.

The provisions of Sections 6530 through 6549, inclusive, shall be known as the Mini-Mobilehome Park Regulations. These provisions apply to uses classified in the Mobilehome Residential Use Type as follows: An expansion of an existing mobilehome park which has been established pursuant to a major use permit by the addition of not more than 49 mobilehomes or the establishment of a new mobilehome park containing not more than 49 mobilehomes.

(Added by Ord. No. 5612 (N.S.) adopted 10-10-79)

(Amended by Ord. No. 5786 (N.S.) adopted 6-4-80)

(Amended by Ord. No. 6215 (N.S.) adopted 1-13-82)

6532 USE PERMIT REQUIRED.

A mini-mobilehome park consisting of not more than 8 mobilehomes is permitted upon the issuance of a Minor Use Permit. Mini-mobilehome parks consisting of 9 or more mobilehomes are permitted upon the issuance of a Major Use Permit. An existing mobilehome park which was not established pursuant to a Major Use Permit may be expanded under these Mini-mobilehome Park Regulations only upon issuance of a Major Use Permit. Modification of development criteria for the existing mobilehome park may be granted pursuant to Section 6522.

(Added by Ord. No. 5612 (N.S.) adopted 10-10-79)

(Amended by Ord. No. 6215 (N.S.) adopted 1-13-82)

6534 PRE-APPLICATION CONFERENCE.

Prior to submitting an application for a use permit for a mini-mobilehome park, a prospective applicant should consult with the Department to obtain information and to inform the Department of the applicant’s intentions. If requested by the applicant, the Department will schedule a conference to be attended by the applicant and representatives of the Departments of Planning and Development Services, Public Works, Environmental Health, and other agencies as the Department considers necessary. Such a conference shall provide an opportunity to review the applicant’s intended plan and to identify potential requirements or subjects requiring particular attention prior to the applicant entering into binding commitments or incurring substantial expense in preparing plans, surveys, and other data. The applicant shall provide a map showing the proposed mobilehome park site, existing topography, adjoining road rights-of-way, and public access.

(Added by Ord. No. 5612 (N.S.) adopted 10-10-79)

(Amended by Ord. No. 6215 (N.S.) adopted 1-13-82)

(Amended by Ord. No. 6924 (N.S.) adopted 2-20-85)

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95)

(Amended by Ord. No. 9958 (N.S.) adopted 12-10-08)

(Amended by Ord. No. 10068 (N.S.) adopted 8-4-10)

(Amended by Ord. No. 10222 (N.S.) adopted 9-25-12. Opr. 11-26-12)

6536 GENERAL STANDARDS: MINI-MOBILEHOME PARKS.

a. Density. A mini-mobilehome park shall conform to the applicable Density Regulations commencing at Section4100.

b. Reclassification. Prior to occupancy of any mini-mobilehome park, the owner shall obtain a zone reclassification to a zone which includes the RMH Use Regulations and the "A" Building Designator. Such reclassification requirement may be waived by the Director when a mobilehome subdivision application is filed concurrently with the related use permit application or for a mini-mobilehome park with less than nine units.

c. Factory-Built Housing. Factory-built housing shall be attached to a permanent foundation system and conform to all other requirements of Section 18611 of the Health and Safety Code.

(Amended by Ord. No. 6215 (N.S.) adopted 1-13-82)

(Amended by Ord. No. 6372 (N.S.) adopted 6-09-82)

(Amended by Ord. No. 6432 (N.S.) adopted 8-25-82)

(Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

6538 GENERAL DEVELOPMENT CRITERIA: MINI-MOBILEHOME PARKS.

a. Compatibility with Adjacent Land Uses. A mini-mobilehome park shall be designed and developed in a manner compatible with and complementary to existing and potential residential development in the immediate vicinity of the project site. To achieve this purpose, a Minor Use Permit for a mobilehome park with less than nine units, conditioned to meet the requirements for exterior siding and roofing materials and eave overhangs specified in Section 6506 b. for mobilehomes on private lots, may be approved by the Director except that no permanent foundation system shall be required. Site planning on the perimeter shall give consideration to protection of the property and its residents from adverse surrounding influences, as well as protection of the surrounding areas from potentially adverse influences within the development. A mobilehome park shall relate harmoniously to the topography of its site, make suitable provision for preservation of water courses, wooded areas, rough terrain, and similar natural features and areas, and shall otherwise be so designed as to use such natural features and amenities to best advantage.

b. Setbacks: Perimeter. Mobilehomes and buildings within a mini-mobilehome park shall maintain the following setbacks:

1. The setbacks established by the applicable Setback Regulations.

2. A side yard and rear yard setback of at least 15 feet from the exterior boundary of the mobilehome park except that this requirement shall not apply to a mini-mobilehome park of less than nine units.

3. A setback of 50 feet from the centerline of any street along the exterior boundary of the mobilehome park, except that when such street has a right-of-way greater than 60 feet, a setback of 20 feet shall be maintained from the nearest edge of the street right-of-way.

c. Fencing and Landscaping. Mini-mobilehome parks shall conform to the Fencing and Landscaping Regulations commencing at Section 6700. The Director may specify different requirements for a mini-mobilehome park with less than nine units.

d. Interior Access Drive. Interior private access drives shall be paved with at least 2 inches of asphaltic concrete to a width of not less than 25 feet. All corners shall have a minimum 25 foot radius. The Director may approve other paving material for a mini-mobilehome park with less than nine units.

e. Sewer and Water. Each mobilehome lot in a mobilehome park shall be provided with water and sewer connections in accordance with Title 25 of the California Administrative Code. Water shall be provided by a water supplier having a valid permit from the California Department of Health Services. Public sewers shall be provided by a public agency which has obtained discharge requirements approved by the appropriate California Water Quality Control Board. Individual sewage disposal systems shall be approved by the Department of Environmental Health.

f. Undergrounding. All sewer and water facilities, electric, gas, telephone, and television signal distribution systems shall be placed

underground.

g. Fire Protection. On and off-site fire hydrants and other fire protection facilities shall be installed as specified in the use permit and shall be of a type approved by the Chief of the local fire protection district, or if there is no local fire district, by the Fire Services Coordinator.

h. Night Lighting. Artificial light shall be provided and maintained for walks, driveways, parking areas, and other facilities as specified in Title 25 of the California Administrative Code, to assure safe and convenient nighttime use.

i. Signs. Signs shall conform to the On-Premise Sign Regulations commencing at Section6250.

j. Access. Each mobilehome park shall have direct vehicular access from a publicly maintained street. This requirement does not

apply to a new mini-mobilehome park with less than nine units or the expansion of an existing mobilehome park when adequate access is obtained through the existing portion of the mobilehome park being expanded.

(Added by Ord. No. 5612 (N.S.) adopted 10-10-79)

(Amended by Ord. No. 6215 (N.S.) adopted 1-13-82)

(Amended by Ord. No. 6506 (N.S.) adopted 1-5-83)

(Amended by Ord. No. 6865 (N.S.) adopted 11-07-84)

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95)

6540 MOBILEHOME LOT DEVELOPMENT CRITERIA: MINI-MOBILEHOME PARKS.

For purposes of Mobilehome Lot Development Criteria as used in this section, mobilehome shall also include factory-built housing as defined in Section 19971 of the Health and Safety Code.

a. Density of Occupation. Each mobilehome lot shall be designed to be occupied by one mobilehome and uses accessory thereto.

b. Lot Size. Each mobilehome lot shall have the minimum size indicated below based on its occupancy.

Minimum Lot Size

Occupancy (Excluding interior access drives)

A mobilehome not more than 14 feet in width containing 1 dwelling unit 1,850 square feet A mobilehome more than 14 feet in width containing 1 dwelling unit 3,000 square feet A mobilehome containing more than 1 dwelling unit 1,500 square feet per dwelling unit

c. Coverage. No more than 75 percent of the area of a mobilehome lot shall be covered by the mobilehome and its accessory structures.

d. Setback from Interior Access Drive. Each mobilehome lot shall have a front yard setback of not less than 3 feet extending the entire width of the mobilehome lot. A front yard will be measured from the nearest element of the mobilehome or any mobilehome accessory structure to the closest edge of the interior access drive.

e. Side Yard Setback. Each mobilehome lot shall have a side yard in accordance with Title 25 of the California Administrative Code of not less than 3 feet in width along the entire length of the mobilehome lot. A mobilehome lot containing a mobilehome having a height of more than one story shall have a side yard of not less than 5 feet in width along the entire length of the mobilehome lot.

f. Rear Yard Setback. Each mobilehome lot shall have a rear yard in accordance with Title 25 of the California Administrative Code of

not less than 3 feet and shall extend across the entire width of the mobilehome lot. A mobilehome lot containing a mobilehome having a height of more than one story shall have a rear yard of not less than 5 feet along the entire width of the mobilehome lot.

g. Access. All mobilehome lots and recreation facilities shall have access only from an interior access drive.

h. Homes on a Permanent Foundation. No dwelling unit shall be placed on a permanent foundation in a mobilehome park where tenants rent or lease spaces to accommodate their individually owned units. The provision shall not apply to subdivided parks or to parks where the dwelling units are not owned by the tenants or to parks where the minimum term of lease for a space is 55 years.

i. Number of Dwelling Units to be Specified. Each lot in a mobilehome park shall be designated on the plot plan of the related use

permit and shall specify the number of dwelling units permitted.

j. Plot Plan to Specify Typical Development. The plot plan shall indicate the development proposed for each mobilhome lot through the

use of "typicals" showing the footprint, floor plan and elevations for each proposed structure. The plot plan shall also clearly designate whether homes are to be of the "manufactured" or "factory-built" construction type. In no case shall factory-built housing be permitted unless shown on an approved plot plan.

(Amended by Ord. No. 6215 (N.S.) adopted 1-13-82)

(Amended by Ord. No. 6372 (N.S.) adopted 6-09-82)

(Amended by Ord. No. 7740 (N.S.) adopted 3-28-90)

6542 MODIFICATION OF REQUIREMENTS.

Modification of the development criteria of Sections 6538 and 6540 may be granted by the officer or body having jurisdiction when it determines that such modification would not be detrimental to the development, adjacent properties, the public interest, or the General Plan. No modification shall be granted from any requirements specified in Title 25 of the California Administrative Code which are not subject to local modification.

(Added by Ord. No. 5612 (N.S.) adopted 10-10-79)

6544 ACCESSORY USES AND STRUCTURES PERMITTED.

The following accessory uses and structures may be permitted in mobilehome parks provided that they conform to the requirements of Title 25 of the California Administrative Code.

a. Convenience Structures. Awnings; portable, demountable, or permanent cabanas; storage cabinets and buildings; fences or windbreaks; carports; garages; porches; greenhouses; lathhouses; and other accessory structures permitted by Title 25 of the California Administrative Code.

b. Recreation Facilities. Parks, playgrounds, riding and hiking trails, golf courses, lakes, stables and riding rings, recreational buildings, clubhouses, community centers, and similar uses and facilities; provided that all such uses and facilities are designed for and limited to use by residents of the mobilehome park and their guests, and that such uses and facilities are not authorized on individual mobilehome lots.

c. Public Utilities. Public utility and public service facilities.

(Added by Ord. No. 5612 (N.S.) adopted 10-10-79)

6548 MOBILEHOME SUBDIVISIONS.

A mobilehome subdivision may be authorized where permitted by the use regulations upon issuance of the appropriate use permit as specified in Sections 6512 and 6532 and approval of a Final Map. No use permit for a mobilehome subdivision shall be approved unless it is conditioned to require reservation and maintenance of all common areas for common use and enjoyment of the residents of the mobilehome subdivision in the manner specified in Section 6549 a. below. A use permit for a mobilehome subdivision shall comply with either the Standard Mobilehome Park Regulations or the Mini-Mobilehome Park Regulations. A mobilehome subdivision wherein each mobilehome lot is serviced by a dedicated public street and wherein no areas are reserved for common use shall not require issuance of a use permit provided all mobilehome lots meet applicable lot size requirements.

(Added by Ord. No. 6215 (N.S.) adopted 1-13-82)

6549 SUBDIVISION OF EXISTING MOBILEHOME PARKS, ADDITIONAL REQUIREMENTS.

A standard mobilehome park or mini-mobilehome park may be subdivided in accordance with the applicable provisions ofDivision 1, Title 8 of the County Code of Regulatory Ordinances relating to subdivisions and shall also comply with the following additional requirements.

a. Parks Established by Use Permit. Prior to approval of a Final Map for a standard mobilehome park or mini-mobilehome park, the owner shall apply for modification of the related use permit to add a condition to require reservation and maintenance of all common areas for common use and enjoyment of the residents in a manner which makes the County or a public district or a public agency a party to and entitled to enforce the reservation. Such reservation shall include arrangements, satisfactory to County Counsel, to assure maintenance of all buildings, structures, streets and landscaping located within said common areas.

b. Parks Established Without Use Permit. An existing mobilehome park which was not established pursuant to the Mobilehome Park Regulations may be subdivided only upon determination by the Director that such mobilehome park was legally established in accordance with the Nonconformity Regulations. In addition, prior to approval of a Final Map for such mobilehome park, the owner shall obtain a major use permit which includes a condition to require reservation and maintenance of all common areas in the manner specified in "a" above.

c. All Existing Mobilehome Parks. All applications to subdivide an existing mobilehome park shall be accompanied by the following additional information and/or documents.

1. The number of spaces within the existing park.

2. A list of names and addresses of all tenants within the park for use by the Department in giving notice.

3. The date of manufacture and size of each mobilehome and the current replacement value affected by the relocation. The replacement value shall be determined in the same manner as used by standard insurance replacement criteria.

4. The estimated cost of relocation of each mobilehome affected by the proposed change of use.

5. The length of tenancy by each tenant.

6. The estimated income, age and number of tenants affected by the proposed change of use.

7. The number of alternative sites available to the tenants including written commitments from the owners of those parks to accept the relocated units and tenants.

8. A time table for vacating the existing park.

9. A statement and concept plan indicating what use the park site is intended to accommodate.

10. Evidence satisfactory to the Director that mutually acceptable agreements have been reached on the part of the park owner and all tenants to vacate the park upon recording of a Final Map. Such evidence may include, but is not limited to, the following:

    i. Written agreements to relocate mobilehomes; and

    ii. Assistance of low- and moderate-income tenants in the form of payment by the park owner of 80%, up to a maximum

of $2,000, of the cost of relocating the mobilehome to another mobilehome park within 100 miles.

11. If such evidence specified in "10" above is not included in the application for subdivision, then the Director of Planning and Development Services shall recommend reasonable conditions to mitigate any adverse impact on tenants of the mobilehome park to the approving authority to be included as a condition in the resolution of conditional approval for said subdivision.

    d. Notwithstanding the provisions of Subsection c. above, a park owner who elects to give a 5-year notice to subdivide may file a tentative map if evidence is provided that the following provisions will be completed before approval of the Tentative Map:

    1. The mobilehome park owner shall provide evidence that a notice to vacate pursuant to Section 798.56(f) of the Civil Code has been issued, and

    2. Informed each tenant of the rent and location of a number of available spaces equal to the number of occupied units to be displaced, and

    3. Assisted each tenant in relocating the tenant's mobilehome to any new space within 100 miles in accordance with the following schedule:

IF TENANT VACATES PORTION OF EXPENSES UP TO A MAXIMUM OF BEFORE END OF PAID BY OWNER

1st year 80% $2,000
2nd year 60% 1,500
3rd year 40% 1,000
4th year 20% 500
5th year -0- -0-

(Added by Ord. No. 6215 (N.S.) adopted 1-13-82)

(Amended by Ord. No. 6505 (N.S.) adopted 1-5-83)

(Amended by Ord. No. 10222 (N.S.) adopted 9-25-12. Opr. 11-26-12)

EXTRACTIVE USE REGULATIONS

6550 TITLE AND PURPOSE.

The provisions of Section 6550 through Section 6559, inclusive, shall be known as the Extractive Use Regulations. The purpose of these regulations is to provide the means for public review and regulation of mineral extraction and associated on-site processing operations.

(Amended by Ord. No. 5781 (N.S.) adopted 6-4-80)

(Amended by Ord. No. 8034 (N.S.) adopted 2-26-92)

6552 APPLICATION.

The Extractive Use Regulations shall apply in all zones permitting activities for the extraction of any naturally occurring chemical element or compound, or groups of elements and compounds, including but not limited to coal, peat, sand, and gravel but excluding geothermal resources, natural gas, and petroleum. Such zones also permit on-site processing and production of non- metallic mineral products, and recycling of used concrete, asphalt or rock, where sited with the following non-metallic mineral processing operations: rock crushing, asphalt pavement production, and concrete batching.

(Amended by Ord. No. 8034 (N.S.) adopted 2-26-92)

(Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

6554 REQUIRED PERMIT.

No person shall conduct the activities described in Section6552 without first obtaining a Major Use Permit as provided by the Use Permit Procedure commencing at Section 7350.

(Amended by Ord. No. 8034 (N.S.) adopted 2-26-92)

6556 REQUIRED RECLAMATION PLAN.

No application for a Major Use Permit for mineral extraction shall be accepted for filing unless accompanied by an "Application for Reclamation Plan" as provided and described in the County Grading Ordinance. The decision to grant or deny the proposed Reclamation Plan shall be made at the same time as the decision to grant or deny the proposed Major Use Permit for the same project. Pursuant to the granting of the Major Use Permit, the permittee shall comply with all provisions and requirements of the Reclamation Plan in the conduct of mineral extraction activities and in the rehabilitation of the mining site.

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95)

6557 EXCEPTIONS TO USE REGULATIONS

The Extractive Use Regulations shall not apply to the removal of soil, sand, gravel, decomposed granite or rock under any of the following circumstances:

a. The removal is part of the grading of land done in accordance with a grading plan for a subdivision map or a division of such land created pursuant to a parcel map filed in accordance with Division 2 of Title 8 of the San Diego County Code, and the grading plan has

been approved by the Director of Public Works as being reasonably necessary and incidental to the development and improvement of the premises in accordance with the final map or parcel map and the grading will be completed within one year of commencement of the grading.

b. The removal is part of the grading of land in accordance with a grading plan to prepare a site for a building or structure for which plans have been checked and approved by the Director pursuant to Division 1 of Title 5 of the San Diego County Code, and the grading plan has been approved by the Director of Public Works or Director as being reasonably necessary and incidental to the construction of such building or structure, and the grading will be completed within one year of commencement of the grading.

c. The removal is part of the grading of land in accordance with a grading plan to prepare a site for vehicle parking areas or similar areas, and the grading plan has been approved by the Director of Public Works or Director as being reasonably necessary and incidental to the development of the area.

d. The removal is part of the grading of land in accordance with a grading plan approved by the Director as being reasonably necessary and incidental to the use of the premises in accordance with a use permit issued pursuant to the Zoning Ordinance.

e. Less than 200 cubic yards will be removed.

f. To extract and export from a watercourse 200 or more cubic yards to repair flood damage to the watercourse in accordance with San Diego County Code, section 87.601 et seq. for which an emergency watercourse grading permit is issued by the Director of Public Works or the Board of Supervisors.

g. During the grading of land to prepare a site for development pursuant to an Administrative Permit approved by the Director, provided:

1. The legal lot from which the material is removed is in a commercial or industrial zone;

2. The sale of any material removed is secondary to the preparation of the site;

3. The on-site processing of any material to be removed is prohibited;

4. The removal and grading is done in accordance with an approved grading plan; and

5. The removal and grading will not have a significant detrimental effect on the site or surrounding area.

(Added by Ord. No. 9958 (N.S.) adopted 12-10-08)

(Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

PLANNED DEVELOPMENT STANDARDS

6600 TITLE AND PURPOSE.

The provisions of Section 6600 through 6699, inclusive, shall be known as the Planned Development Standards. The purpose of these provisions is to carry out the intent of Section 5800 of the Planned Development Area Regulations and to set forth development standards that must be met by planned developments before they are granted a major use permit in accordance with the Use Permit Procedures commencing at Section 7350. The intent of Section 5800 shall be applicable to all major use permits for planned developments even where the zoning of the property does not include the "P" Planned Development Area designator. It is intended that planned developments containing mobilehomes shall not be considered mobilehome parks for purposes of the application of Title 25 of the California Administrative Code; provided, however, that those provisions of Title 25 relating to the installation, maintenance, use and occupancy of mobilehomes outside of mobilehome parks shall apply.

(Amended by Ord. No. 5787 (N.S.) adopted 6-4-80)

(Amended by Ord. No. 7740 (N.S.) adopted 3-28-90)

6606 CONCEPT OF A PLANNED DEVELOPMENT.

A planned development shall consist of an integrated development located on a single tract of land, or on 2 or more tracts of land which may be separated only by a street or other right-of-way. In such development, the land and structures shall be planned and developed as a whole in a single development operation or a series of operations in accordance with a detailed, comprehensive plan encompassing such elements and the location of structures, the circulation pattern, parking facilities, open space, and utilities, together with a program for provision, operation and maintenance of all areas, improvements, facilities and services provided for the common use of the persons occupying or utilizing the property.

(Renumbered by Ord. No. 5787 (N.S.) adopted 6-4-80. Formerly 6602)

(Amended by Ord. No. 6924 (N.S.) adopted 2-20-85)

6609 APPLICABILITY OF ANIMAL REGULATIONS.

Except as otherwise provided, a planned development shall conform to all provisions of the Animal Regulations commencing at Section 3000.

(Renumbered by Ord. No. 5787 (N.S.) adopted 6-4-80. Formerly 6618)

(Amended by Ord. No. 8166 (N.S.) adopted 10-21-92)

6610 APPLICABILITY OF USE REGULATIONS.

Except as provided in Section 5806, only those uses which are permitted by right, or are permitted by a use permit, or an administrative permit, shall be permitted in a planned development. When the applicable use regulations allow a use type in such use regulations only if such type is within a planned development, such a use type is permitted only within a planned development or contiguous planned developments

having a total gross site area of at least 20 acres.

(Renumbered and amended by Ord. No. 5787 (N.S.) adopted 6-4-80. Formerly 6604)

6612 APPLICABILITY OF DEVELOPMENT REGULATIONS.

Except as otherwise provided hereinafter, a planned development shall conform to all provisions of the Development Regulations commencing at Section 4000.

(Renumbered by Ord. No. 5787 (N.S.) adopted 6-4-80. Formerly 6606)

6615 APPLICABILITY OF SPECIAL AREA REGULATIONS.

A planned development shall conform to all provisions of any applicable special area regulations.

(Renumbered by Ord. No. 5787 (N.S.) adopted 6-4-80. Formerly 6608)

6618 GENERAL DEVELOPMENT CRITERIA.

a. Compatibility with Adjacent Land Uses. A planned development shall be designed and developed in a manner compatible with and complementary to existing and potential residential development in the immediate vicinity of the project site. Site planning on the perimeter shall give consideration to protection of the property from adverse surrounding influences, as well as protection of the surrounding areas from potentially adverse influences within the development.

b. Relation to Natural Features. A planned development shall relate harmoniously to the topography of its site, make suitable provision for preservation of water courses, wooded areas, rough terrain and similar natural features and areas, and shall otherwise be so designed as to use such natural features and amenities to best advantage.

(Renumbered by Ord. No. 5787 (N.S.) adopted 6-4-80. Formerly 6609)

6621 COMPUTATION OF PERMITTED NUMBER OF LOTS.

The maximum density provisions of the General Plan Land Use Element shall be used in the computation of the permitted number of dwelling units. The Director shall compute the residential acreage pursuant to the following:

a. Computation of Residential Acreage in an Exclusively Residential Planned Development. In a planned development devoted exclusively to residential use types, the residential acreage of the proposed development shall equal the total land area within the boundaries of the development. For the purpose of the application of this subsection the "total land area within the boundaries of the development" shall be defined to exclude any land within rights-of-way of public streets or highways existing or to be dedicated or offered for dedication as part of the project.

b. Computation of Residential Acreage in a Planned Development Containing Non-Residential Use Types. For the purpose of computing the maximum and minimum density permitted or required in a planned development containing non-residential use types, the residential acreage of the proposed development shall be determined as follows:

1. For those portions of the site where the residential development (and its associated open space) are separate and distinct from the non-residential development (and its associated open space), the acreage to be used for residential development (and its associated open space) shall be used as the basis for computing density.

2. For those portions of the site where the residential and non- residential development area not separate and distinct (e.g., they are in the same building or a closely associated group of buildings), the acreage shall be allocated between the residential and non-residential uses on the basis of the floor area, ground area, and other factors which indicate the relative usage of the site by residential and non-residential uses.

(Amended by Ord. No. 5612 (N.S.) adopted 10-10-79)

(Renumbered and amended by Ord. No. 5787 (N.S.) adopted 6-4-80. Formerly 6610)

(Amended by Ord. No. 5786 (N.S.) adopted 6-4-80)

(Amended by Ord. No. 8247 (N.S.) adopted 5-19-93)

(Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

6624 LOT SIZE.

The Lot Size Regulations commencing at Section 4200 shall not apply in a planned development; provided, however, that all required findings can be made pursuant to Section 7350.

(Renumbered by Ord. No. 5787 (N.S.) adopted 6-4-80. Formerly 6611)

(Amended by Ord. No. 8247 (N.S.) adopted 5-19-93)

(Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

6627 BUILDING TYPE.

The Building Type Regulations commencing at Section 4300 shall not apply in a planned development.

(Renumbered and amended by Ord. No. 5787 (N.S.) adopted 6-4-80. Formerly 6612)

(Amended by Ord. No. 8247 (N.S.) adopted 5-19-93)

(Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

6630 MAXIMUM FLOOR AREA.

The Maximum Floor Area Regulations commencing at Section4400 shall not apply in a planned development.

(Renumbered by Ord. No. 5787 (N.S.) adopted 6-4-80. Formerly 6613)

6633 FLOOR-AREA RATIO.

The Floor-Area Ratio Regulations commencing at Section 4500 shall not apply in a planned development.

(Renumbered by Ord. No. 5787 (N.S.) adopted 6-4-80. Formerly 6614)

6636 HEIGHT.

The Height Regulations commencing at Section 4600 shall apply in a planned development; provided, however, that the approving authority may approve buildings and structures of 15 percent greater height, if, in its opinion, such additional height would not have an adverse effect on adjacent properties or on properties or development in the vicinity and would be consistent with the General Plan and the purpose of these development standards. No additional height shall be approved within 100 feet of any external boundary of the planned development adjacent to land in any residential or agricultural zone.

(Renumbered and amended by Ord. No. 5787 (N.S.) adopted 6-4-80. Formerly 6615)

(Amended by Ord. No. 6506 (N.S.) adopted 1-5-83)

6639 COVERAGE.

The Coverage Regulations commencing at Section 4700 shall not apply to a planned development; provided, however, that no more than 75 percent of the area of a lot containing a mobilehome shall be covered.

(Renumbered by Ord. No. 5787 (N.S.) adopted 6-4-80. Formerly 6616)

6642 SETBACKS-PERIMETER.

The following setbacks shall be maintained on the perimeter of a planned development:

a. The Setback Regulations commencing at Section 4800 shall apply to the perimeter of a planned development.

b. A setback of at least 50 feet from centerline shall be maintained by any mobilehome or other building or structure, except a fence or wall, from any street along an exterior boundary of the development, except that when such street has a right-of-way width greater than 60 feet, a setback of 20 feet from the right-of-way of such street shall be maintained.

c. Except as provided in paragraph "b", a setback of not less than 25 feet from the exterior boundary shall be maintained.

(Renumbered and amended by Ord. No. 5787 (N.S.) adopted 6-4-80. Formerly 6617)

(Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

6645 SETBACK-INTERIOR.

The Setback Regulations commencing at Section 4800 shall not apply to the interior of a planned development; provided, however, that mobilehomes and other buildings shall conform to the following setback and spacing requirements:

a. Setback From Interior Way or Other Surfaced Public Area. No mobilehome or other building shall be located closer than 5 feet from any interior vehicular or pedestrian way, court, plaza, open parking lot or any other surfaced area reserved for public use or for use in common by residents of the planned development. Such setback shall generally be measured from the nearest edge of a surfaced area; provided, however, that where no sidewalk exists in conjunction with a public or private street, such setback shall be measured from the nearest edge of the street right-of-way or private road easement.

b. Garages and Carports. No garage or carport having straight-in access from a public or private circulation street shall be located closer than 20 feet from the nearest edge of the sidewalk of such street, or where no sidewalk exists from the nearest edge of the street right-of-way or road easement.

c. Mobilehome Side Yard Setback. Each lot containing a mobilehome shall have a side yard of not less than 3 feet in width along the entire length of the lot.

d. Mobilehome Rear Yard Setback. Each lot containing a mobilehome shall have a rear yard of not less than 3 feet extending the entire width of the lot.

e. Spacing Between Buildings Other Than Mobilehomes. Wall to wall spacing between buildings other than mobilehomes shall be at least 10 feet. Within the RS, RR, A70 and A72 use regulations, spacing between dwellings (including attached garages) shall be equal to at least twice the width of the interior side yard setback of the zone's setback designator.

f. Open Space Surrounding Buildings Other Than Mobilehomes. Each building other than a mobilehome shall be surrounded by

relatively level open space having a slope no greater than 10 percent and extending a minimum distance of 10 feet in all directions measured from the furthest projections of the external walls of the building.

(Renumbered by Ord. No. 5787 (N.S.) adopted 6-4-80. Formerly 6618)

(Amended by Ord. No. 8247 (N.S.) adopted 5-19-93)

6648 OPEN SPACE.

The Usable Open Space Regulations commencing at Section 4900 shall apply to a planned development; provided, however, that the following requirements shall be met. Plot plans for planned developments shall include the dimensions of all usable open space areas to

ensure compliance with the minimum size, shape and slope requirements of Sections 4915 and 4917. In the event of conflict between the Usable Open Space Regulations and the provisions of this section, the requirements yielding the most open space shall apply.

a. Minimum Open Space. The total land area in residential use types shall be computed per Section6621.a or b for purposes of determining the open space requirements. Open Space shall be comprised of a combination of private usable open space and conservation/group open space pursuant to b. and c. below.

b. Minimum Private Usable Open Space. Private Usable Open Space shall be provided on each lot within the subdivision per the table below:

GP Designation Usable Open Space per Lot

VR-# (all) 400 sf
SR-# (all) 1000 sf
RL-# (all) 4000 sf

Substitution of group usable open space for private open space may be allowed if the lots cannot satisfy the requirements above. The total area that is not satisfied on individual lots shall be in addition to the Conservation/Group Open Space requirement.

c. Conservation/Group Open Space. The total useable and/or non-usable open space shall be provided on the project site pursuant to the table below.

i. Conservation Open Space. Non-usable conservation open space shall be left in its natural state and shall be preserved in an open space easement. No structures or development shall be permitted. Conservation open space shall be kept free of litter and shall at no time constitute a health, safety, fire or flood hazard. Areas devoted to natural or improved flood control channels and those areas encumbered by flowage, floodway or drainage easements, as well as riding and hiking trails designated on a community or subregional plan map, may be applied toward satisfying this portion of the conservation open space requirement.

ii. Group Open Space. Useable open space shall comply with the standards of Section4917. Land occupied by buildings and structures

reserved for common recreational use by the residents may be counted as group usable open space for purposes of this subsection provided it meets the requirements of Section 4917.

GP Designation Percent Conservation/Group Open Space

VR-# (all) 25
SR-# (all) 40
RL-# (all) 80

d. Staged Development. If development is to be accomplished in stages, the development plan shall coordinate improvement of the
open space, the construction of buildings, structures and improvements in such open space, and the construction of dwelling units in
order that each development stage achieves a proportionate share of the total open space and environmental quality of the total
planned development.

e. Reservation for Common Use. All or any part of the required open space may be reserved for use in common by the residents of
the planned development except as restricted by the private usable open space requirements of the Usable Open Space Regulations.
Areas permanently reserved for common open space shall be reserved for the use and enjoyment of the residents in a manner which
makes the county or a public district or a public agency a party to and entitled to enforce the reservation. The approving authority may
require that open space easements over the required open space be conveyed to the county. (Riding and hiking trails designated on a
community or subregional plan map shall be open to the general public.)

f. Unreserved open space. Any open space in the development not reserved for the use in common of the residents pursuant to
subsection "e" hereof, and not subject to the usable open space requirements of Section 4900, may be counted toward computation of
the permitted number of dwelling units pursuant to Section 6621.e. However, any project proposing such unreserved open space shall
be subject to the following conditions to be contained in the major use permit for the planned development: (1) That a homeowners
association be created consisting of all owners of residential property in the planned development, and (2) that the unreserved open
space shall be subject to an open space easement.

g. Additional Requirements for Mobilehomes. In addition to the open space requirements of subsections "a" through "e" and the
Usable Open Space Regulations, planned development containing mobilehomes shall meet the following requirements for open space
and recreational facilities:

1. At least one substantial area of group usable open space shall be provided. Such area shall:

i. Conform to the requirement for group usable open space set forth in the Usable Group Open Space Regulations.

ii. Be of such size and shape that each side of a rectangle inscribed within it is at least 100 feet in length.

iii. Include outdoor recreational facilities for both active and passive recreation.

iv. Include completely enclosed recreational facilities consisting of not less than 10 square feet of floor area for each lot
containing a mobilehome.

2. All or any part of the group usable open space required by the Usable Open Space Regulations may be used to satisfy the
requirements of Paragraph "f.1" if such open space meets the standards for minimum dimension, maximum slope and outdoor
recreational facilities set forth herein.

(Renumbered and amended by Ord. No. 5787 (N.S.) adopted 6-4-80. Formerly 6619)

(Amended by Ord. No. 6506 (N.S.) adopted 1-5-83)

(Amended by Ord. No. 7321 (N.S.) adopted 6-10-87)

(Amended by Ord. No. 8247 (N.S.) adopted 5-19-93)

(Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

6650 ACCESSORY STRUCTURES.

The approved plot plan for any planned residential development shall provide standards (i.e., setbacks, sizes, coverage) for permitted accessory structures and buildings or shall specify that the standard allowances of The Zoning Ordinance shall prevail. Such buildings and structures may include but are not limited to swimming pools/spas, patio covers, guest living quarters, storage buildings, detached garages/carports, and outdoor chimneys or barbecue grills.

(Added by Ord. 9690 (N.S.) adopted 12-15-04)

6651 SIGNS.

Signs shall be permitted in a planned development in accordance with the Off-Premise Sign Regulations commencing at Section6200 and the On-Premise Sign Regulations commencing at Section 6250. Interior street, building and other signs shall be uniform in design and reflect good taste in style and size.

(Renumbered by Ord. No. 5787 (N.S.) adopted 6-4-80. Formerly 6622)

6654 OFF-STREET PARKING.

Off-street parking shall be provided in accordance with the Parking Regulations commencing at Section6750.

(Renumbered by Ord. No. 5787 (N.S.) adopted 6-4-80. Formerly 6624)

(Amended by Ord. No. 5976 (N.S.) adopted 1-28-81)

(Amended by Ord. No. 7432 (N.S.) adopted 1-06-88)

6657 CIRCULATION.

All streets within the planned development that by function fall within the system of classification of streets as specified in Article III, Classification (Types) of Streets of the "San Diego County Standards", Ordinance No. 2809 (New Series), as amended, shall be improved to county road standards for the particular classification of street, and all such streets shall be offered for dedication to the public. When the developer desires to retain any such streets as private streets, the county may reject the offer of dedication. Other forms of access, such as pedestrian ways, courts, plazas, driveways or open parking lots shall not be offered for dedication. Forms of common access other than dedicated public streets shall be permanently reserved and maintained for their intended purpose by means acceptable to the approving authority and County Counsel.

(Renumbered by Ord. No. 5787 (N.S.) adopted 6-4-80. Formerly 6626)

(Amended by Ord. No. 6506 (N.S.) adopted 1-5-83)

6660 ACCESS.

Any mobilehome, other dwelling unit or other building that is located more than 100 feet from a public or private street or other vehicular way shall have pedestrian access thereto capable of accommodating emergency and service vehicles.

(Renumbered by Ord. No. 5787 (N.S.) adopted 6-4-80. Formerly 6628)

6663 FIRE PROTECTION.

Fire hydrants and connections shall be installed as required by the Planning Commission and shall be of a type approved by the chief of the local fire district, or, if there is no local fire district, by the County Fire Warden.

(Renumbered by Ord. No. 5787 (N.S.) adopted 6-4-80. Formerly 6630)

6666 NIGHT LIGHTING.

Light fixtures for walks, parking areas, driveways and other facilities shall be provided in sufficient number and at proper locations to assure safe and convenient nighttime use. For normal street lighting, applicable county standards and regulations shall apply.

(Renumbered by Ord. No. 5787 (N.S.) adopted 6-4-80. Formerly 6632)

6669 ANTENNAS.

A Master Antenna Television (MATV) System shall be provided with underground cable service to at least all mobilehomes and other buildings containing dwelling units. This MATV System shall be provided at no charge for service and shall be conveyed to the homeowners association at no charge. This requirement may be met by the provision of an underground Cable Television (CATV) System by a county- licensed CATV operator. No other exterior television antennas shall be permitted unless authorized by the Planned Development permit, except that individual parcels having dwellings may have dish antennas that are one meter or less in diameter or diagonal measurement.

(Amended by Ord. No. 5612 (N.S.) adopted 10-10-79)

(Renumbered by Ord. No. 5787 (N.S.) adopted 6-4-80. Formerly 6634)

(Amended by Ord. No. 9101 (N.S.) adopted 12-8-99)

6672 UNDERGROUNDING.

All sewer and water facilities, electricity, gas, telephone, and television signal distribution systems shall be placed underground.

(Renumbered by Ord. No. 5787 (N.S.) adopted 6-4-80. Formerly 6636)

6675 SPECIAL REQUIREMENTS FOR MOBILEHOMES.

In addition to the requirements set forth hereinabove, planned developments containing mobilehomes shall conform to the following requirements:

a. Area. A planned development containing mobilehomes shall not be less than 5 acres in area.

b. Fencing and Landscaping. Planned development containing mobilehomes shall conform to the Fencing and Landscaping Regulations commencing at Section 6700.

c. Storage Areas. Common Storage areas shall be provided within an enclosed fenced area for the residents of the planned development occupying mobilehomes for the storage of recreational vehicles, trailers, travel trailers, and other licensed or unlicensed vehicles. This area shall be not less than 50 square feet for each lot containing a mobilehome.

d. Sewer and Water. Each lot containing a mobilehome in a planned development shall be provided with water and sewer connections in accordance with Chapter 5 of Title 25 of the California Administrative Code. Water shall be provided by a water supplier having a valid permit from the California Department of Health of the Department of Environmental Health. Public sewers shall be provided by a public agency which has obtained discharge requirements approved by the appropriate California Water Quality Control Board. Individual sewage disposal systems shall be approved by the Department of Environmental Health.

(Amended by Ord. No. 5612 (N.S.) adopted 10-10-79)

(Renumbered by Ord. No. 5787 (N.S.) adopted 6-4-80. Formerly 6640)

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95)

6678 MODIFICATION OF REQUIREMENTS.

Modification of these Planned Development Standards may be granted by the authority granting or modifying a Major Use Permit for a planned development when it determines that such modification will not be detrimental to the subject development, adjacent properties, or residents, or the public interest; or the General Plan, provided, however, no modification shall be granted for the density provisions of Sections 6621, nor from the open space provisions of Section 6648, nor from any applicable requirements specified in Chapter 5 of Title 25 of the California Administrative Code, except those which are subject to local modification.

(Amended by Ord. No. 5612 (N.S.) adopted 10-10-79)

(Renumbered by Ord. No. 5787 (N.S.) adopted 6-4-80. Formerly 6642)

(Amended by Ord. No. 6031 (N.S.) adopted 4-22-81)

(Amended by Ord. No. 8247 (N.S.) adopted 5-19-93)

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95)

(Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

6679 EFFECT OF AMENDMENTS ON PENDING PLANNED DEVELOPMENTS.

The amendments to the Planned Development Area Standards found in Ordinance No. 8247 (N.S.), adopted on May 19, 1993, shall not apply to any Major Use Permit for a planned development which was approved by the County, or any application for a Major Use Permit for a planned development which was filed (pursuant to Section 1019 of the Zoning Ordinance) with the County, before June 18, 1993. Said amendments shall not apply to any subsequent Time Extension, Minor Deviation or Ministerial Permit filed pursuant to such Major Use Permits. Said amendments shall also not apply to modifications of these Major Use Permits for a planned development, unless such modifications would change the approved Major Use Permit by 1) increasing the number of dwelling units, 2) enlarging the planned development site, or 3) in the RS, RR, A70 or A72 use regulations, changing the building type of dwellings from residential single detached to any other residential building type.

(Added by Ord. No. 8247 (N.S.) adopted 5-19-93)

FENCING AND SCREENING REGULATIONS

6700 TITLE AND PURPOSE.

The provisions of Section 6700 through 6714, inclusive, shall be known as the Fencing and Screening Regulations. The purpose of these provisions is to prescribe standards for fences, walls and screening within San Diego County for the protection of property, the assurance of safety and security, the enhancement of privacy, the control of dust, and the improvement of the visual environment including the provision of a neat appearance in keeping with neighborhood character.

(Amended by Ord. No. 7735 (N.S.) adopted 3-13-90)

(Amended by Ord. No. 10031 (N.S.) adopted 1-13-10)

6702 MEASUREMENT OF PRESCRIBED HEIGHTS.

The prescribed heights of required fences, walls or landscaping used for screening shall be measured above the actual adjoining level of finished grade, except that where parking, loading, storage, or similar areas are located above finished grade, the height of fences, walls or landscaping required to screen such areas or space shall be measured above the level thereof. An earthen berm not higher than 3 feet may count toward the prescribed height of any fence, wall or landscaping used for screening.

(Amended by Ord. No. 10031 (N.S.) adopted 1-13-10)

6704 STANDARDS APPLICABLE TO FENCES AND WALLS.

All fences and walls required or permitted by these regulations shall meet the following standards.

a. Materials for Fences and Walls. Fences and walls may be of any material commonly used in the construction of fences and walls, or otherwise acceptable by the Department, except as hereinafter specified. Such fence or wall shall meet any criteria for sturdiness and construction as established in other County regulations.

b. Opaqueness or Transparency of Fences. The degree of opaqueness or transparency of fences and walls may be determined by the property owner, in accordance with the owner’s desire for visual privacy, except as hereinafter specified. Notwithstanding this provision, such fence or wall shall meet the requirements of any other County regulation concerning the opaqueness or transparency of a fence or wall.

c. Hedges. A hedge or other dense landscaping may satisfy a requirement for a view-obscuring fence. In that case, the hedge or other landscaping shall be planted to ensure 100 percent screening within two years of installation. Such hedge or other dense landscaping shall be maintained in accordance with the provisions of San Diego County Code sections 86.701 et seq. and shall be replaced with another hedge, other dense landscaping or an appropriate fence or wall when it ceases to serve the purpose of obscuring views. However, no such hedge shall be grown or maintained at a height greater than that permitted by these regulations for a fence or wall.

(Amended by Ord. No. 10031 (N.S.) adopted 1-13-10)

6706 REQUIRED FENCES AND WALLS.

The following fences and walls shall be required:

a. Parking Area.

1. Fencing Requirement. All parking areas of 5 or more parking spaces, (and driveways serving such parking areas) located on parcels abutting property in any residential zone shall be separated from such abutting property by a solid fence or wall 72 inches in height.

2. Exceptions. The following are exceptions from the requirements of Paragraph "a.1":

   i. The required fence or wall shall be 42 inches in height where said fence or wall abuts a front yard on adjacent property

   or that portion of any side or rear yard on adjacent property wherein the height of a fence or wall is limited to 42 inches.

ii. Where the finished grade of a parking area is more than 72 inches below the finished grade of adjacent property, no fence or wall is required except as necessary for the safety of persons. Where there are variations in the finished grade adjacent to the lot, these same requirements shall apply and the fence or wall shall be designed in such a way as to have a functional and aesthetic transition while protecting adjoining residential property from the lights and noise of vehicular traffic.

iii. The officer or body having jurisdiction over a Use Permit, Variance, Site Plan, Administrative Permit, or Building

Permit may waive or modify the requirements of Paragraphs "a.1" and "a.2" if the officer or body finds that the placement of structures and other factors prevent the lights and noise of vehicular traffic from adversely affecting abutting residential property at least to the same degree as the required fence or wall.

b. Parking Areas in Planned Developments. In planned developments, all open off-street parking areas shall be screened from view of nearby residents by hedges or other dense landscaping.

c. Open Sales, Display and Storage Areas. All open sales, display and storage areas in the commercial zones and in zones subject to the M50, M52 and M54 Use Regulations shall be enclosed by a view-obscuring fence or wall not less than 72 inches high. This requirement shall not apply to the following commercial use types:

1. Agricultural Sales (Retail nursery only)

2. Automotive and Equipment: Cleaning

3. Automotive and Equipment: Sales/Rental, Heavy Equipment

4. Automotive and Equipment: Sales/Rental, Light Equipment

5. Eating and Drinking Establishments

6. Gasoline Sales provided that the use complies with Section2980 - Limitation 12.

7. Commercial uses in the C34, C35 or C36 Use Regulations pursuant to Section6816.

d. Mobilehome Parks and Planned Developments With Mobilehomes. Each mobilehome park and planned development containing mobilehomes shall be entirely enclosed at its exterior boundaries by a decorative, view-obscuring fence or wall, or by decorative screening or landscaping plants and/or materials; provided, however, that said fence, wall screening or landscaping when located within a front yard shall be constructed at or behind the required setback.

e. Scenic Areas. In zones subject to the Scenic Area Regulations commencing at Section5200, potentially unsightly features shall be screened from view by a view-obscuring fence or wall or by decorative screening or landscaping plants and/or materials in accordance with the provisions of an approved Site Plan.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 5786 (N.S.) adopted 6-4-80)

(Amended by Ord. No. 9569 (N.S.) adopted 7-9-03)

(Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

6708 PERMITTED FENCES, WALLS, GATES AND ENTRY STRUCTURES.

No fence, wall, gate or entry structure shall be permitted unless it conforms to the criteria set forth below, except that the Board of Supervisors, the Planning Commission, or the Director, as a condition of approval of a matter under their jurisdiction, may require that a fence, wall or entry structure be constructed to a height greater than otherwise permitted by this section in order to mitigate against potential adverse effects.

a. Solid Fences and Walls. Solid fences and walls are permitted at the following locations provided they conform to the height limitations shown below. An exception to the height limitations may be granted in accordance with Sections 6708h or 6708i.

1. Main Building Area. Permitted up to the maximum height applicable to the main building.

2. Front or Exterior Side Yard. Permitted up to a maximum height of 42 inches.

3. Rear or Interior Side Yards. Permitted up to a maximum height of 72 inches.

b. Open Fences and Walls. Open fences and walls are permitted at the following locations provided they conform to the material specifications and height limitations shown below. An exception to the material specifications or the height limitations may be granted in accordance with Section 6708h. An exception to the height limitations may also be granted in accordance with Section6708i.

1. Main Building Area. Permitted up to the maximum height applicable to the main building.

2. Front or Exterior Side Yard. Permitted up to a maximum height of 42 inches, except as follows:

On lots of one (1) gross acre or larger in size in the A70, A72, RR, S82, S88, S90 and S92 Use Regulations, open fences consisting of woven or barbed wire, wrought iron, pipe corral, or rails may be 72 inches high. Posts, pilasters or other support elements for such fences or walls shall not exceed 24 inches in any horizontal measurement, shall be spaced a minimum of 8 feet apart (edge to edge), and shall not exceed a height of 72 inches. Razor wire, and barbed wire attached to supports constructed at an angle to the vertical, are permitted only as a security measure for the purpose of protecting high-value agricultural uses, or commercial or industrial uses.

3. Rear or Interior Side Yards. Permitted up to a maximum height of 72 inches.

c. Tennis Court Fencing and Lighting. Tennis court fencing exceeding the height otherwise allowed by this Section, but not greater than twenty (20) feet in height, and lighting standards not greater than twenty (20) feet in height may be permitted on lots of one (1) gross acre or larger in size upon granting an exception in accordance with Section 6708h.

d. Gates and Gate Entry Structures on Individual Lots or Building Sites. Gates, not exceeding 12 feet in height, and gate entry structures on individual lots or building sites are permitted. Gate entry structures on individual lots or building sites shall meet the criteria shown below. An exception to these criteria may be granted in accordance with Section 6708h. Where the County Fire Code and Local Fire District Ordinances require additional restrictions; the most restrictive requirements shall apply.

1. Main Building Area. Permitted up to the maximum height applicable to the main building.

2. Front, Rear, Interior or Exterior Side Yard. Permitted, provided no higher than 12 feet and located a minimum of 10 feet from the nearest edge of any public road right-of-way or private road easement which intersects the access to the gate entry structure. Support elements designed as entry structures on either side of a fence opening that provides vehicular access may extend a horizontal distance of not more than 15 feet on both sides of the opening and may not exceed 12 feet in height for more than a distance of 6 feet on either side of the opening. Such entry structures may incorporate a gate house not exceeding 12 feet in height, but may not bridge the entryway unless an exception is granted in accordance with Section 6708h.

3. For Fire Protection Access, gate entry structures shall provide a minimum vertical clearance of 13 feet, 6 inches for vehicles. (Note: The County Fire Code and Local Fire District Ordinances regulate entry gates or other obstructions across fire access roadways and driveways. Gate entry structures fall under the County Fire Code and must be reviewed by the appropriate Fire Agency.)

e. Gates and Gate Entry Structures Across Private Road Easements. Gates not exceeding 12 feet in height, and gate entry structures across private road easements are permitted. Gate entry structures on private road easements shall meet the criteria shown below. An exception to these criteria may be granted in accordance with Section 6708h.

1. Gate entry structures shall not exceed a height of 12 feet; and

2. Gate entry structures shall be located at least 50 feet from any road right-of-way or road easement which intersects the gated access; and

3. Gate entry structures shall not extend a horizontal distance of more than 15 feet on either side of the gate opening and may not exceed 12 feet in height for more than a distance of 6 feet on either side of the opening.

4. For Fire Protection Access, gate entry structures shall provide a minimum vertical clearance of 13 feet, 6 inches for vehicles. (Note: The County Fire Code and Local Fire District Ordinances regulate entry gates or other obstructions across fire access roadways and driveways. Gate entry structures fall under the County Fire Code and must be reviewed by the appropriate Fire Agency.) 5. Prior to issuance of a building permit, written consent shall be obtained for the gate or gate entry structure, and submitted to the Department (on a form satisfactory to the Department), from all owners of property with access rights across the private road easement upon which the gate is to be installed. f. Lighting. Lights and/or decorative fixtures may be placed on the top of pilasters or fence posts on both sides of each entry, at property corners, and elsewhere along a fence or wall spaced a minimum of 40 feet apart. Such fixtures may extend 12 inches above the top of the supporting post or they may extend up to a height equal to the width of a supporting pilaster (or post), to a maximum of 24 inches, whichever is greater. Such lighting shall conform to the provisions of subsections a., b. and c. of Section 6324 (LIGHTING PERMITTED IN REQUIRED YARDS). Exceptions to these criteria may be granted in accordance with Section 6708h.

   g. Fences and Walls For Animal Enclosures. The location of fences and walls which confine animals shall conform to the Animal Regulations commencing at Section 3000.

   h. Exceptions.

5. Fences, Walls and Gate Entry Structures on Individual Lots. The Director may approve an administrative permit granting an exception to the applicable criteria otherwise specified in this Section for fences (including animal enclosures or tennis court fences), walls and gate entry structures on individual lots. The Administrative Permit Procedure at Section 7050 through Section 7099 shall apply. Notice of the administrative permit application shall be given to all property owners within a distance of 300 feet from the applicant's property. The Director may approve said administrative permit provided the following findings are made: i. The structure will be compatible with the community character and will not be detrimental to the health, safety or general welfare of the surrounding properties or the neighborhood; and ii. The structure will not interfere with traffic circulation, create a safety hazard or obstruct future road widening.

6. Gate Entry Structures and Gate Houses on Private Easements. The Director may approve an administrative permit granting an exception to the applicable criteria otherwise specified in this Section for gate entry structures and gate houses on a private easement. The applicant shall provide notice materials in accordance with Section 7060c. in order to notify all property owners having legal access to the easement upon which the gate entry structure or gate house will be located. The Director may approve said administrative permit provided the following findings are made: i. The structure will be compatible with the community character and will not have a harmful effect upon the neighborhood; and ii. The structure will not be detrimental to the health, safety or general welfare of the surrounding properties or improvements. 3. Lighting. The Director may approve an administrative permit granting an exception to the applicable criteria otherwise specified in this Section for lighting provided a finding is made that said lighting will be compatible with the community character and will not have a harmful effect upon the neighborhood. i. Administrative Exceptions for Additional Fence or Wall Height. An administrative exception for fence heights up to 7 feet 6 inches in interior side yard setbacks or in rear yard setbacks not abutting a street, private thoroughfare, or alley, may be granted provided the following requirements are met:

   1. Written consent is obtained for the proposed additional fence height, and submitted to the Department (on a form satisfactory to the Department), from all owners of contiguous property (including owners of parcels or lots across any street or alley from the site proposed for fencing).

   2. An application form shall be submitted and a processing/record-keeping fee shall be collected at the time an administrative exception for additional fence height is requested, pursuant to the fee referenced in Section 7602.

Any decision by the Director pursuant to this section shall be final.

j. Open Fences With Razor Wire or Barbed Wire at Top - Calculation of Fence Height. Where open fences 72 inches in height or

greater are permitted, razor wire and barbed wire attached to support elements extending from the top of an open fence at an angle from the vertical are permitted except where said razor wire and barbed wire are not permitted in Subsection b.2. of this Section. The portion of the fence consisting of razor wire or barbed wire attached to support elements extending from the top of an open fence at an angle from the vertical, shall not be used in calculating the height of such a fence provided the vertical height of said razor wire and/or barbed wire shall not exceed 2 feet.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

(Amended by Ord. No. 6134 (N.S.) adopted 7-22-81)

(Amended by Ord. No. 6506 (N.S.) adopted 1-5-83)

(Amended by Ord. No. 7432 (N.S.) adopted 1-06-88)

(Amended by Ord. No. 7576 (N.S.) adopted 1-11-89)

(Amended by Ord. No. 8166 (N.S.) adopted 10-21-92)

(Amended by Ord. No. 8246 (N.S.) adopted 5-19-93)

(Amended by Ord. No. 8425 (N.S.) adopted 7-13-94)

(Amended by Ord. No. 8599 (N.S.) adopted 10-11-95)

(Amended by Ord. No. 9676 (N.S.) adopted 9-22-04)

(Amended by Ord. No. 9935 (N.S.) adopted 4-23-08)

(Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

(Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

(Amended by Ord. No. 10285 (N.S.) adopted 9-11-13)

6714 REQUIRED LANDSCAPING.

In all zones, properties shall be landscaped and maintained in accordance with the provisions of the County Code sections86.701 et seq. and the conditions of any applicable discretionary permit. The following landscaping shall also be required:

a. M50 and M52 Use Regulations. In all zones subject to M50 and M52 Use Regulations, a landscaped strip at least 10 feet wide shall be established in every front yard; and a landscaped strip at least 5 feet wide shall be established in every exterior side yard, and in every interior side yard and rear yard adjacent to each public place, and adjacent to all abutting property in any residential zone, except for necessary ways of ingress and egress. The landscape strips shall include dense view-obscuring screening at least 6 feet in height in side or rear yard landscape strips, and 42 inches high in front yard landscape strips. The landscape strips shall be subject to the

requirements of San Diego County Code sections 86.701 et seq.

b. Mobilehomes Parks and Planned Developments With Mobilehomes. In a mobilehome park developed pursuant to the Mobilehome Park Regulations commencing at Section 6500 or a planned development contained mobilehomes developed pursuant to the Planned Development Regulations commencing at Section 6600, all areas not used for permitted main or accessory buildings, interior access drives, pedestrian circulation, and service areas shall be completely and permanently landscaped and maintained in accordance with the provisions of San Diego County Code sections 86.701 et seq. and the conditions of the applicable use permit. The mobilehome park or planned development containing mobilehomes shall relate harmoniously to the topography of the site, and where feasible make suitable provisions for preservation of water courses, wooded areas, rough terrain and similar natural features and areas, and shall otherwise be so designed as to use such natural features and amenities to best advantage.

c. Commercial Activities in Residential Zones. In all residential zones the required front and exterior side yards of lots or parcels on which commercial use types are conducted shall be landscaped in accordance with the provisions of sections 86.701 et seq. of the County Code.

(Amended by Ord. No. 5786 (N.S.) adopted 6-4-80)

(Amended by Ord. No. 10031 (N.S.) adopted 1-13-10)

(Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

PARKING REGULATIONS

6750 TITLE AND PURPOSE.

Section 6750 through 6799, inclusive, shall be known as the County Parking Regulations. The purpose of these regulations is to provide functional, safe and aesthetically pleasing off-street parking and loading facilities for vehicles and bicycles for each type of land use. The spaces provided are required for use by the employees, tenants, customers and guests of the establishment providing the parking facilities.

(Amended by Ord. No. 6940 (N.S.) adopted 4-10-85. Formerly Sec. 3200.)

(Amended by Ord. No. 10251 (N.S.) adopted 2-6-13)

6753 GENERAL PARKING REQUIREMENTS.

a. New Uses and Structures. A new use and/or structure shall provide the minimum number of parking and bicycle spaces specified in the Parking Schedules of the County Parking Regulations.

b. Existing Uses and Structures. A previously permitted existing use and/or structure shall not reduce parking or bicycle spaces unless the reduced number of parking spaces still provided for the use and/or structure meets the minimum requirements of the County Parking Regulations for that use and/or structure.

c. Conversion, Alterations or Expansion of an Existing Use or Structure. A previously permitted existing use and/or structure that is converted, altered or expanded shall provide additional parking spaces to accommodate the increase in capacity and/or intensity. This additional parking shall be provided unless the existing parking meets the parking requirements of the County Parking Regulations for the entire use and/or structure.

d. Availability. Parking and Loading spaces shall be marked, maintained, and permanently available for the use they are intended to serve. Owners, lessees, tenants, or persons having control of the parking or loading spaces shall not prevent, prohibit or restrict the use of parking and loading spaces.

e. Usage. Required parking and loading areas shall be used exclusively for the parking and loading of vehicles and shall not be used for the sale, lease, display, repair, or storage of vehicles, trailers, boats, campers, mobile homes, merchandise or equipment without a required County permit or approval, except where allowed by County Parking Regulations.

f. Exceptions. Notwithstanding the general parking requirements set forth in subsections a. and c. above, parking requirements for

uses conducted pursuant to a use permit, Historic District Site Plan, or community design review Site Plan in a Special Parking District, shall be determined in accordance with Sections 6782 and/or 6783. In communities with Village Zoning, such as Fallbrook, parking requirements shall be determined in accordance with the Parking Regulations for each zone. (See Section 8000 et seq. of the Zoning Ordinance).

g. Community Plan Policies. In the event that an applicable community plan contains policies relative to parking, those policies shall be considered when determining parking counts and design.

(Amended by Ord. No. 6940 (N.S.) adopted 4-10-85. Formerly Sec. 3203.)

(Amended by Ord. No. 8407 (N.S.) adopted 5-18-94.)

(Amended by Ord. No. 9620 (N.S.) adopted 12-10-03)

(Amended by Ord. No. 10251 (N.S.) adopted 2-6-13)

6754 ADDITIONAL PARKING REQUIREMENTS FOR ACCESSORY AND SPECIAL USES.

Parking standards for the following accessory and special uses shall be required as specified in the following sections of the Zoning Ordinance:

Section 6156: Accessory Dwelling Units Family Day Care Home for Children, Large (9-14 Children) Bed & Breakfast Home Host Home Section 6157: On-Site Agricultural and/or Horticulture Sales

Agricultural Tourism

Agricultural Homestay Agricultural Microbrewery or Micro-Distillery

Creamery

Section 6370: Senior Projects and Density Bonus Projects Section 6910: Wineries Section 6911: Emergency Shelters Section 6912: Community Gardens Section 6970: Recycle Facilities Section 6995: Cannabis Facilities

Parking standards for accessory uses not listed above shall be determined pursuant to the Parking Schedule of the County Parking Regulations and shall be required in addition to the parking requirements for the primary use.

(Added by Ord. No. 10251 (N.S.) adopted 2-6-13)

(Amended by Ord. No. 10463 (N.S.) adopted 4-14-17)

(Amended by Ord. No. 10592 (N.S.) adopted 2-27-19)

(Amended by Ord. No. 11015 (N.S.) adopted 8-19-26)

6755 ACCESSIBLE PARKING REQUIREMENTS.

The Americans with Disabilities Act (ADA) governs the construction and alteration of public places, commercial facilities, and state and local government facilities to accommodate and provide adequate facilities for persons with disabilities. Accessible parking spaces shall adhere to the requirements of the California Building Code (Chapter 11B) for Accessible Parking standards as found in Title 24 of the California Code of Regulations.

(Added by Ord. No. 10251 (N.S.) adopted 2-6-13)

6756 COMPUTATION OF REQUIRED PARKING AND BICYCLE SPACES.

a. Separate Uses. The off-street parking spaces required for 2 or more uses on the same lot or parcel shall be the sum of the spaces required for each use or structure computed separately. A reduction in required parking may be requested in accordance with Section 6784.

b. For purposes of computing required parking spaces, the following terms shall apply:

1. Bedrooms. Where the number of bedrooms is specified as the means for calculating required residential parking spaces, dens, studies, studios, libraries, recreation rooms, sewing rooms, hobby rooms, work rooms or similar rooms shall be considered as bedrooms if they contain at least 70 square feet of floor area. 2. Gross Floor Area (GFA) shall be determined by the total area expressed in square feet of all floors measured between the exterior walls of a building. 3. Employees. Where number of employees is specified as the means of calculating required parking spaces, the employees counted are those who work on the premises during the largest work shift during the peak employment season. 4. Occupancy. Where the maximum number of persons or seating capacity is specified as the means of calculating required parking spaces, the maximum occupancy shall be that permitted for the use or structure by the County Building Code. c. Rounding. In computing the required number of parking spaces or bicycle spaces, fractions of .5 or larger shall be rounded up to the next whole number. Fractions less than .5 shall be disregarded, except that when a use or structure requires 4 or fewer parking spaces, excluding bicycle spaces, any fraction shall be rounded up to the next whole number.

(Amended by Ord. No. 6940 (N.S.) adopted 4-10-85. Formerly Sec. 3206.)

(Amended by Ord. No. 10251 (N.S.) adopted 2-6-13)

6757 OFF-STREET PARKING REGULATIONS BY MAJOR LAND USE CATEGORY

Sections 6758 through 6783 categorize the off-street parking regulations by major land use category. The County of San Diego classifies land uses within the following broad categories:

Section Land Use Category Description

Section Land Use Category Description

6758 Residential Property used by individuals and families for private residences or dwellings. Temporary or short-term lodging services. May include a hotel, motel, cabin, or 6760 Transient Habitation campground. 6762 Commercial Uses intended for retail, wholesale, office, or services. Uses that serve the community at large, including public spaces and structures 6764 Civic that provide direct or indirect services to the public. 6772 Industrial and Storage Uses intended for manufacturing or storage facilities. 6778 Agricultural Land used for the growing of agriculture.

Uses not included in the land use categories within Sections6758 through 6780 Other Occupancies and Uses 6783.

Use Permits and Historic District Site 6782 Uses conducted pursuant to a use permit or to a Historic District Site Plan. Plans Uses conducted within a Special Parking District as designated in Section 6783 Special Parking Districts 5761.

(Added by Ord. No. 10251 (N.S.) adopted 2-6-13)

SCHEDULE OF OFF-STREET PARKING REQUIREMENTS

6758 PARKING REQUIREMENTS: RESIDENTIAL

Type of Occupancy Use or Structure Off-Street Parking Single Family The Sum of the Following: Detached, Semi-Detached/Attached, Duplex 2 Parking spaces per dwelling unit Recreation Center in Planned Developments 0.1 Parking space per dwelling unit Bicycle Parking None Required Multi-Dwellings1 The Sum of the Following: (3 units or more on a single lot)