San Diego County Municipal Code Part Six Accessory Use Regulations

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.

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)

Accessory uses shall be controlled in the same manner as the principal uses within each zone, except as otherwise provided by these regulations.

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:

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 Section 7060c. 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 Section 4310 (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:

(Note that detached accessory structures are subject to setbacks specified in Section 4842. 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 Section 4310 (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 Section 3112 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 Section 6252(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.

14. 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’.

16. 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.

23. 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.

1. 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 Section 7060 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

∙ 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 Section 6977 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)

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 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).

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 Section 36.401 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 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).

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:

3. 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 by Chapter 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 Section 36.401 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)

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 Section 6158a.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 Section 6162.

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)

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)

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)