San Diego County Municipal Code Title 9 Construction Codes and Fire Code

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*Cross reference(s)--General provisions, Tit. 1; licenses, business regulations and business taxes, Tit. 2; public safety, morals and welfare, Tit. 3; public property, Tit. 4; regulation of buildings, mobilehome and special occupancy parks and trailer coaches, Tit. 5; health and sanitation, Tit. 6; highways and traffic, Tit. 7; zoning and land use regulations, Tit. 8.

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An Animal Designator, if required pursuant to these regulations, together with a Use Designator, as specified in Section 2000 through Section 2999, inclusive; a Development Designator, as specified in Section 4000 through Section 4999, inclusive; and any Special Area Designator, as specified in Section 5000 through 5999, inclusive; shall together describe a zone which conveys regulations of uses, buildings and other structures within San Diego County.

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

Animal Designators shall be limited to those specified in the schedule(s) within these regulations. Alterations to such schedule(s) shall be made pursuant to the conditions and subject to the provisions of the Zoning Ordinance Amendment Procedure commencing at Section 7500.

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

3025 ANIMAL DESIGNATORS.

All applications of the Animal Regulations shall contain designators appropriate and auxiliary to the zone's use regulations. When a designator is not included for the Animal Regulations, a dash ("-") shall occupy the location normally occupied by the designator to indicate that no animals are allowed other than those not subject to the Animal Schedule at Section 3110 as described in the "Notes" applicable to said schedule .

(Amended by Ord. No. 5976 (N.S.) adopted 1-28-81) (Amended by Ord. No. 7432 (N.S.) adopted 1-06-88) (Amended by Ord. No. 8166 (N.S.) adopted 10-21-92) (Amended by Ord. No. 8581 (N.S.) adopted 9-20-95)

Exceptions to the regulations specified within the Animal Regulations shall be subject to the provisions of the Variance Procedure commencing at Section 7100 or the Use Permit Procedure commencing at Section 7350. Change of designators specified within Animal Regulations shall be subject to the provisions of the Zoning Ordinance Amendment Procedure commencing at Section 7500.

(Amended by Ord. No. 7432 (N.S.) adopted 1-06-88) (Amended by Ord. No. 8166 (N.S.) adopted 10-21-92) (Amended by Ord. No. 10006 (N.S.) adopted 9-16-09)

The Animal Designator shall be indicated by a capital letter referring to the corresponding row in the Animal Schedule at Section 3100. The Animal Schedule shall specify the restrictions and density ranges for animal use types as well as the applicable column of the Animal Enclosure Setback Table at Section 3112.

(Repealed and Reenacted by Ord. No. 8166 (N.S.) adopted 10-21-92)

3040 SPECIFIC PLANS

If a Specific Plan has been adopted for property which is also subject to the S88 Specific Planning Area Use Regulations, any provisions of the Specific Plan relating to subjects contained in the Animal Regulations in this part shall prevail over The Zoning Ordinance regulations to the extent of any conflict between them.

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

Animal designators used within the Animal Regulations shall be limited to those in the following Animal Schedule. The Animal Schedule is incorporated into this section, and all references to this section shall include references to it.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79) (Amended by Ord. No. 5786 (N.S.) adopted 6-4-80) (Amended by Ord. No. 6268 (N.S.) adopted 4-14-82) (Amended by Ord. No. 6761 (N.S.) adopted 4-25-84) (Amended by Ord. No. 7432 (N.S.) adopted 1-06-88) (Amended by Ord. No. 7740 (N.S.) adopted 3-28-90) (Repealed and Reenacted by Ord. No. 8166 (N.S.) adopted 10-21-92) (Amended by Ord. No. 9935 (N.S.) adopted 4-23-08) (Amended by Ord. No. 10006 (N.S.) adopted 9-16-09) (Amended by Ord. No. 10095 (N.S.) adopted 12-8-10) (Amended by Ord. No. 10204 (N.S.) adopted 3-28-12) (Amended by Ord. No. 10285 (N.S.) adopted 9-11-13) (Amended by Ord. No. 10359 (N.S.) adopted 10-29-14) (Amended by Ord. No. 10463 (N.S.) adopted 4-14-17)

Animal Schedule

(Part of Section 3100)

MUP = Major Use Permit + = plus ZAP = Minor Use Permit

Notes:

1. Dogs and cats not constituting a kennel and up to two pot-belly pigs are accessory uses subject to the Accessory Use Regulations commencing at Section 6150 and are not subject to the animal enclosure setbacks.

2. On land subject to the “S” and “T” Animal Designators, grazing of horses, bovine animals and sheep permitted provided no buildings, structure, pen or corral shall be designated or used for housing or concentrated feeding of animals, and the number of such animals shall not exceed 1 animal per ½ acre of land.

3. One wild or undomesticated animal, kept or maintained in conformance with State and local requirements, is an accessory use subject to the Accessory Use Regulations commencing at Section 6150, and is not subject to the Animal Schedule.

(Amended by Ordinance Number 7432 (N.S.) adopted January 6, 1988.)

4. The Animal Schedule does not apply to small animals, specialty animals, dogs or cats which are kept for sale in zones where the Retail Sales, General Use type is permitted provided that all activities are conducted entirely within an enclosed building, the building is completely soundproof, there are no outside runs or cages, no boarding of animals, no outside trash containers and no offensive odors.

5. Chinchillas are considered small animals except that a ZAP may be approved for more than 25 chinchillas on property with the “L” Designator.

6. The number of animals allowed is per legal lot. This number shall not apply to the keeping of earthworms.

7. Additional regulations are applicable to beekeeping, see County Code Section 62.901 et seq.

8. Additional regulations are applicable to the keeping of roosters, see County Code Section 62.690 et seq.

Notwithstanding the provisions of an applicable setback designator, enclosures containing the animal use types listed in Section 3100 shall have the minimum setbacks specified in the Animal Enclosure Setback Table. The Animal Enclosure Setback Table is incorporated into this section, and all references to this section shall include references to it. Animals subject to the Animal Setback Table must be confined within an appropriate enclosure. A pasture containing a minimum of 1 acre for use as a riding area or grazing area, having no interior fencing and not used as an animal enclosure for the permanent keeping of an animal is exempt from the animal enclosure setback requirements. Stables, barns, agricultural buildings and other structures located adjacent to or within an animal enclosure must meet both animal enclosure setbacks and setback regulations in section 4800.

NOTE:

a. Refer to applicable setback designator and setback schedule at Section 4810.

b. See County Code Section 62.692 (b) for additional enclosure setback requirements for the keeping of roosters.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79) (Amended by Ord. No. 7432 (N.S.) adopted 1-06-88) (Amended by Ord. No. 7740 (N.S.) adopted 3-28-90) (Amended by Ord. No. 8166 (N.S.) adopted 10-21-92) (Amended by Ord. No. 10006 (N.S.) adopted 9-16-09) (Amended by Ord. No. 10204 (N.S.) adopted 3-28-12) (Amended by Ord. No. 10285 (N.S.) adopted 9-11-13) (Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

In addition to the regulations contained in the Animal Enclosure Setback Table, Section 3112, all kennels shall be subject to the following regulations:

1. Restrictions On Use:

a. The premises shall be kept in a clean and sanitary manner by the daily removal of waste and by the use of spray and disinfectants to prevent the accumulation of flies, the spread of disease or offensive odor.

b. Kennels shall conform to all the regulations contained in the County Code related to kennels, including but not limited to Noise Abatement and Control, Animal Control and Permit Fees and Procedures.

c. Animal odors shall not be detectable beyond the lot lines of the property wherein the kennel is located.

d. Dust and drainage from the kennel enclosure shall not create a nuisance or a hazard to adjoining property or uses.

e. The kennel enclosure shall be screened by a nontransparent fence of a minimum six feet in height.

f. Grooming services for the animals being boarded may be allowed as an incidental use provided the grooming services are conducted indoors and the grooming area is limited to 500 square feet in area.

2. Additional Setback Requirements:

a. Notwithstanding the provisions of Section 3112 of this Ordinance, no kennel located on property with Animal Schedule Designators (see Section 3100) "L", "M", "N", "V", "W" shall be erected and maintained:

1. Within 50 feet of any interior side lot line.

2. Within 25 feet of any rear lot line; provided, however, where the rear lot line is parallel with and contiguous to an alley, such structures may be erected, placed or maintained up to such rear lot line.

b. A kennel located on property with the Animal Schedule Designators (see Section 3100) "O", "R", and "T" shall comply with the provisions of Section 3112; provided, however, that where a kennel in said designator abuts a residential use regulation, setbacks shall be maintained in accordance with subsection 2a.1 and 2a.2 above.

(Amended by Ord. No. 8166 (N.S.) adopted 10-21-92) (Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

In addition to the regulations imposed by Section 3112, animal raising projects shall be subject to the following regulations:

a. Limits. Such project is limited to the keeping, raising and breeding of domesticated animals for 4-H, FFA or other similar youth organization projects. Animal raising projects are a permitted use (by-right) provided the total number and the type(s) of animals on the premises are allowed by the applicable zone animal designator.

b. Administrative Permit. If the total number of animals on the premises would exceed the number allowed by the zone animal designator an Administrative Permit pursuant to Section 7050 shall be obtained to permit the animal raising project as provided in the Animal Schedule in Section 3100, subject to the findings below (or a waiver may be obtained pursuant to subsection e. below).

1. That the location size and design of the animal enclosure(s) will be compatible with adjacent uses, residences, buildings or structures, with consideration given to:

(a) The suitability of the site for the number of animals proposed on the premises.

(b) The harmful effect, if any, upon desirable neighborhood character.

(c) Any other relevant impact of the proposed use.

c. Under Auspices of Youth Organizations. The keeping of said animals shall be in connection with animal raising projects under auspices of 4-H, FFA or other similar youth organizations.

d. Other Conditions. An Administrative Permit for an animal raising project may impose other conditions pertaining to the type, number, and locations of animals as are reasonable and necessary for the protection of the public health and welfare and for the protection of the health and welfare of the animals. A permit time limit may also be imposed.

e. Waiver of Administrative Permit. The Director of Planning and Development Services may waive the requirement for an Administrative Permit for animal raising projects upon submittal of written consent to the granting of the waiver. Such consent shall be signed by all owners of each developed lot or parcel that is wholly or in part within a 300 foot radius of the perimeter of the property where the animal raising project is to be conducted. Such consent and any other material required, including plot plan and the number and types of animals, shall be on the forms or in the format required by the Department of Planning and Development Services. The waiver may be granted for a period not to exceed five years and may be revoked by the Director if the animal raising project does not comply with the requirements specified in the granting of the waiver or is in violation of any applicable County ordinances. At the end of five years an additional waiver may be applied for.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79) (Amended by Ord. No. 7466 (N.S.) adopted 4-27-88) (Amended by Ord. No. 8897 (N.S.) adopted 3-18-98) (Amended by Ord. No. 10222 (N.S.) adopted 9-25-12. Opr. 11-26-12) (Amended by Ord. No. 10463 (N.S.) adopted 4-14-17)

a. Purpose. The purpose of this section is to protect surrounding areas and uses from those concentrations of bovine animals which may adversely affect the public by noise, odors, flies, and other land use and environmental impacts.

b. Requirement For Feed Lots. The operation of a feed lot for cattle is permitted only in areas subject to an "O" or "W" Animal Regulations designator on parcels of 4 acres or larger and in accordance with an approved Major Use Permit and the approval of the Regional Water Quality Control Board. As used herein, "feed lot for cattle" shall mean the following:

A confined livestock facility that operates for the purpose of feeding a high-concentrate feed to cattle wherein are confined 300 or more cattle at a density of more than thirty animals per acre of confined area, excluding dairies.

c. Required Review and Findings. The body having jurisdiction over such Major Use Permit shall not approve the permit unless it has considered a report by the Commissioner of Agriculture/Weights and Measures, and in addition to the findings required by Section 7358, it is also found that the number and location of the cattle, and the manner in which they are kept, will not have any significant adverse land use or environmental impacts on adjoining areas or uses by reasons such as but not limited to noise, odors, dust or fly breeding.

d. Permits Pursuant to County Code. Permits issued pursuant to former Sections 62.150 through 62.154, inclusive, and 62.170 through 62.179, inclusive, of the San Diego County Code, for property subject to this section shall be deemed to be Major Use Permits issued pursuant to this section and may be modified or revoked pursuant to the Use Permit Procedures.

(Added by Ord. No. 5508 (N.S.) adopted 5-16-79) (Amended by Ord. No. 6134 (N.S.) adopted 7-22-81) (Amended by Ord. No. 7701 (N.S.) adopted 12-13-89

The Horse Stable and Horsekeeping use types are permitted in areas with certain animal designators as indicated in Section 3100 Animal Schedule, and may be subject to the approval of, a Zoning Verification Permit, an Administrative Permit or a Major Use Permit, as specified below.

a. D, E, F, J, L, M, N, U, and V Animal Designators allow a Horse Stable as follows:

1. Boarding of and riding lessons for up to 3 horses not owned by the property owner, on any property with the above animal designators is permitted without the need for a Zoning Verification, Administrative Permit or Major Use Permit. No other equine uses, such as breeding, riding academies or events are allowed with the Horse Stable. All structures, animal enclosures and uses are subject to all other regulations of this ordinance including the following limitations:

2. Ten horses per acre of usable area, up to a maximum of 5 acres of useable area and a maximum of up to 50 horses may be allowed with a Zoning Verification Permit.

3. Ten horses per acre of usable area, of more than 5 acres and up to a maximum of 10 acres of useable area and between 50-100 horses total may be allowed upon approval of an Administrative Permit.

4. More than ten horses per acre of usable area, more than 10 acres of usable area or more than 100 horses shall require a Major Use Permit.

5. The total number of horses and the usable acreage for horses calculated shall include both those horses allowed pursuant to Horsekeeping as well as the Horse Stable and all of the combined areas for both use types.

6. Usable area. A plot plan for a permit shall clearly indicate the usable area for a project. The usable area as noted in the Animal Schedule shall be the area used by all horses on the lot or a combination of contiguous lots including structures, animal enclosures, riding arenas, corrals, stalls and paddocks used by horses. The usable area shall not include driveways, road easements, parking areas, areas within the animal enclosure setbacks, pastures exempt from animal enclosure setbacks, residences, other accessory structures, landscaping, areas with active agriculture and other areas where horses would not be permanently kept on the property.

7. Horse Events. The temporary gathering of additional people and horses for a horse event, show or competition which is not a part of the active operations of a Horse Stable shall be considered an Outdoor Entertainment Event and may be allowed in compliance with the Temporary Use Regulations in Sections 6100-6149. However, additional events or time restrictions may be allowed as part of an Administrative Permit or Major Use Permit for a Horse Stable

8. Archaeological, historical or cultural resources. A proposed Horse Stable of more than 50 horses shall complete a full records search with the South Central Information Center (SCIC) when the application for an Administrative or Major Use Permit is submitted. The SCIC shall provide a recommendation regarding potential cultural resources and may recommend consultation with appropriate tribe(s).

In addition to the regulations contained in the Animal Enclosure Setback Table, Section 3112, a Horse Stable or Horsekeeping use shall comply with the following requirements:

b. Restrictions On Use:

1. A Horse Stable or Horsekeeping shall conform to the regulations contained in County Code Title 3, Division 6, Chapter 4, Noise Abatement and Control.

2. Dust and odors from the Horse Stable or Horsekeeping shall not create a nuisance or a hazard to adjoining properties or uses and shall be in compliance with this ordinance, including but not limited to section 6300 and specific sections 6316 regarding Particulate Matter and Air Contaminants and 6318 regarding Odors.

3. A Horse Stable or Horsekeeping shall conform to the standards and regulations for the humane treatment of equine animals found in County and State codes, including, but not limited to, State Health and Safety Code.

4. A Horse Stable or Horsekeeping shall maintain the use subject to standard best management practices for equine uses in compliance with the Grading, Stormwater and Watershed Protection Ordinances.

c. A Horse Stable shall comply with the following requirements which shall be documented in a Manure Management Plan, Fire Protection Plan and Vector Control Plan:

Manure Management

1. The stable shall be kept in a clean and sanitary manner by the daily removal of manure to a manure management area from all usable horse areas to prevent the accumulation of flies, the spread of disease or offensive odor.

2. Manure shall be kept in the manure management area in a covered or enclosed bin or container unless being composted. Manure shall be removed from the property a minimum of every other week or properly composted onsite.

3. The manure management area shall meet Animal Enclosure setbacks.

Fire Protection

4. The interior of electrical appliances, such as fans and heaters, shall be kept clean.

5. Industrial grade extension cords are allowed only if the use of extension cords is unavoidable, for example for a temporary event. Extension cords shall not be used as a permanent electrical conduit.

6. Hay shall be stored in an enclosed building, a covered area or a covered bin, meeting Animal Enclosure and Main Building setbacks, and may consist of only dry, well-cured hay.

7. Rags and cloths used to clean tack and hooves shall be stored in an orderly fashion within an enclosed building or covered bin that meets the Animal Enclosure and Main Building setbacks. Bedding materials shall also be stored in the same location.

8. All wiring and electric cords shall be properly run and installed with insulated wiring routed and strung through metal conduits.

9. Light fixtures shall have a caged enclosure to prevent damage and sparking.

10. Large structures over 1000 square feet in area shall meet a minimum fire separation setback of 50 feet to reduce risk of fire between structures.

11. Hydrants shall be installed near each barn or main structure with sufficient hoses for watering all potential fire areas.

12. The electrical system shall allow for the power to be shut off to each building, without losing power to the water pumps.

13. Stables shall have a written fire plan and evacuation plan, which includes the limitations above and shall post it onsite for employees and visitors.

Vector Control

14. Recognizing the natural drainage on a property, structures permitted as part of a horse stable shall be located away from any locations that collect water. Feed, waste, standing water (water troughs), and other items attractive to vectors must regularly be cleared and cleaned.

15. Feed/grain areas must be covered and swept, droppings must be picked up daily, and manure piles, if not removed from the lot, must be routinely turned or tilled into pastures to prevent fly breeding areas.

16. Automatic fly spray devices or strips shall be utilized in building or structure areas.

17. To prevent vector infestations, all areas that would allow for standing water to collect, must be designed to fully drain within 72 hours. Water features such as ponds related to a horse stable must be stocked with mosquito fish.

d. Equine Living Area. An equine shall be provided with adequate living facilities including an enclosed paddock, corral or stall for keeping. Such area shall be located within an animal enclosure or stable. Paddocks, corrals or stalls shall have enough room for the equine to move about and lay down without restriction.

e. A Horse Stable may include an office, employee break area, full bathroom and other associated areas or structures related to a commercial use.

f. Employee Housing. A Horse Stable may include a dwelling unit(s) for a stable employee(s) pursuant to the State Employee Housing Act. Employee housing is only allowed while a permitted stable is in operation. Prior to issuance of a Building Permit, the property owner shall enter into a contract with the County agreeing to specific terms and conditions limiting employee housing to bona-fide stable employees in conjunction with on-going stable operations.

g. Sign. Pursuant to section 6252.v a sign is allowed for a Horse Stable at the entrance to the property to identify the stable or ranch name only. The sign shall not be illuminated.

h. Outdoor Lighting. Pursuant to sections 6322 and 6324 outdoor lighting is allowed for an animal enclosure or stable. However, as noted, other than security lighting, the stable area shall not be illuminated between 10pm and dawn. Lighting must comply with Dark Skies limitations.

i. Setbacks. Additional setbacks shall be required for a Horse Stable as follows:

1. All storage areas of materials related to the horse stable use and parking shall meet the Animal Enclosure setbacks, this includes trailer parking, loading and delivery areas, hay storage, etc.

2. Any structure permitted as part of a Horse Stable that is over 1000 square feet in area shall meet the standard setbacks and additionally meet a minimum 25 foot setback from all property lines. Such structures include barns, hay barns, covered arenas, covered riding areas, stables and other structures.

3. On a lot or a combination of lots under the same ownership of less than 5 acres in area, Animal Enclosures and all structures associated with a Horse Stable shall be a minimum 50 feet from the nearest residence on any adjacent property under separate ownership.

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

The Development Regulations shall be represented by 9 designators arrayed in the following order:

a. Maximum Density ("Density").

b. Minimum Lot Size ("Lot Size").

c. Permitted Building Type ("Building Type").

d. Maximum Floor Area of Individual Building ("Maximum Floor-Area").

e. Maximum Floor-Area Ratio ("F A R").

f. Maximum Building Height ("Height").

g. Maximum Lot Coverage ("Coverage").

h. Minimum Setback ("Setback").

i. Minimum Usable Open Space ("Usable Open Space").

Development Designators shall be limited to those specified within the schedules at Sections 4310, 4610, 4810, and 4910, or otherwise restricted by Sections 4110, 4210, 4410, 4510, and 4710 of the Development Regulations. Alterations to schedules or other regulations shall be made pursuant to the conditions and subject to the provisions of the Zoning Ordinance Amendment Procedure commencing at Section 7500.

4008 DEVELOPMENT DESIGNATORS.

All applications of the Development Regulations shall contain designators appropriate and auxiliary to the zone's Use Designator. When a designator is not included for the Development Regulations, a dash ("-") shall occupy the location normally occupied by the designator. The meaning of a dash ("-") shall be as specified in the appropriate regulations for each designator or that when used in conjunction with a Village Zone, regulations shall be specified in the applicable Village Zone Development Regulations. Where a blank space has been used it shall have the same meaning as a dash. Designators shall be included for Development Regulations in accordance with the following table.

Designators

Designators

Key

R = Required. Designator shall always be included within the Development Regulations except that the lot size designator is optional when zone contains "P" designator under Special Area Regulations.

O = Optional. Designator may be included within the Development Regulations when deemed appropriate.

X = Prohibited. Designator shall not be included within the Development Regulations.

I = Designator shall be included within the Development Regulations when the multi-dwelling residential building type or the attached three to eight dwelling units residential building type is or may be permitted within the zone. (Refer to building type designator).

(Amended by Ord. No. 6761 (N.S.) adopted 4-25-84) (Amended by Ord. No. 8581 (N.S.) adopted 9-20-95) (Amended by Ord. No. 10162 (N.S.) adopted 8-3-11) (Amended by Ord. No. 10348 (N.S.) adopted 7-30-14)

Modification of regulations specified within the Development Regulations may be approved under the provisions of the Planned Development Standards commencing at Section 6600. Changes of designators specified within the Development Regulations shall be subject to the provisions of the Zoning Ordinance Amendment Procedure commencing at Section 7500.

(Amended by Ord. No. 5787 (N.S.) adopted 6-4-80)

4010 SPECIFIC PLANS

If any Specific Plan has been adopted and not expired for property which is also subject to either the Specific Plan Area General Plan Designation or the S88 Specific Planning Use Regulations, any provision of the Specific Plan relating to subjects contained in the part shall prevail over The Zoning Ordinance regulations to the extent of any conflict between them.

(Added by Ord. No. 8581 (N.S.) adopted 9-20-95) (Amended by Ord. No. 10592 (N.S.) adopted 2-27-19)

Where a legal lot has split zoning, the Use Regulations for each separate zone shall apply. Where a use is bisected by a split zone line within a legal lot, the more restrictive Use Regulations shall apply. If a property has split zoning that includes residential and commercial zoning, parking for a commercial use may be located on the residentially zoned portion of the property, subject to the issuance of a Zoning Verification Permit. Landscaping and planting should be used to the maximum extent practical to screen unsightly parking areas from neighboring residential.

(Added by Ord. No. 9935 (N.S.) adopted 4-23-08) (Amended by Ord. No. 10592 (N.S.) adopted 2-27-19)

4100 TITLE AND PURPOSE.

The provisions of Section 4100 through Section 4199, inclusive, shall be known as the Density Regulations. The purpose of these provisions is to aid in the implementation of the growth, population distribution, conservation, and development policies of the San Diego County General Plan and its associated Community and Specific Plans, and to meet requirements for residential and nonresidential development within the County as set forth in the policies and principles of the General Plan.

Density shall be indicated by an Arabic numeral indicating the actual maximum number of permitted dwelling units per net residential acre. Density may be expressed in decimal fraction notation, e.g. "3" and "3.5" indicating three and three and one-half dwelling units per net residential acre, respectively or a zero “0” density indicating no dwelling units are allowed. A dash ("-") shall indicate that no density is specified by zoning and that the General Plan shall be referred to in order to determine maximum allowed density. A zero “0” density shall not apply to dwellings permitted by the Temporary Use Regulations or the Accessory Use Regulations (see sections 6156 and 6160).

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95) (Amended by Ord. No. 9958 (N.S.) adopted 12-10-08) (Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

a. Specification of Density. The adopted San Diego County General Plan provides the maximum allowed residential density for residential land use designations. Maximum residential densities expressed in dwelling units per net residential acre may be established in zoning to regulate the density of residential development where densities are not specified in the General Plan or lesser densities than those in the General Plan are deemed appropriate. Any such density may be specified within the Development Regulations.

b. Density Designator. In no case shall a density greater than that allowed in the General Plan be specified.

c. Minimum Density. Minimum densities may be applied to require a minimum level of residential development, when development is undertaken. Minimum residential density shall be expressed as the minimum dwelling units permitted per net residential acre and shall appear as an Arabic numeral which precedes the maximum residential density and which is separated by a dash ("-") from the maximum residential density. The notation for minimum density shall be the same as that specified for maximum density in Section 4105. A minimum residential density shall not be specified except in association with a maximum residential density.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79) (Amended by Ord. No. 6478 (N.S.) adopted 12-1-82) (Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

The maximum number of dwelling units permitted within the exterior boundary lines of any subdivision or a single lot shall be equal to the product of the total of the net lot area of that subdivision, or lot expressed in acres multiplied by the applicable maximum density designator. The product shall be rounded off to the nearest whole number of dwelling units. A product with a fraction of one half or less of a dwelling unit shall be rounded down to the nearest whole number of dwelling units except that a product of less than one dwelling unit shall be interpreted as permitting one dwelling unit. A product with a fraction of more than one half of a dwelling unit shall be rounded up to the nearest whole number of dwelling units. The maximum number of dwelling units permitted within the exterior boundary lines of any subdivision or single lot, as calculated under this section, shall be reduced to an achievable number of dwelling units when such reduction is needed to comply with all applicable land use requirements. The resulting density shall be the Maximum Allowable Residential Density. The use of a dash ("-") as a density designator shall indicate no density is specified by zoning and that the General Plan shall be referred to in order to determine maximum allowed density. A zero “0” density shall not apply to dwellings permitted by the Temporary Use Regulations or the Accessory Use Regulations.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79) (Amended by Ord. No. 6543 (N.S.) adopted 3-2-83) (Amended by Ord. No. 6855 (N.S.) adopted 10-10-84) (Amended by Ord. No. 8581 (N.S.) adopted 9-20-95) (Amended by Ord. No. 10068 (N.S.) adopted 8-4-10) (Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

The maximum number of dwelling units permitted within the exterior boundary lines of property which is subject to approval of a Site Plan or Administrative Permit shall be computed as in Section 4115 except that:

a. The Director shall obtain a recommendation for necessary street right-of-way requirements from the Department of Public Works; and

b. Any street right-of-way which would be required by the Department of Public Works in order to obtain a building permit for the subject property shall be deducted in making the above calculations for net lot area.

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

The following are exceptions to the Density Regulations:

a. Farm Employee Housing. Farm Employee Housing is not subject to Density Regulations.

b. Farm Labor Camps. Dwelling units built pursuant to a use permit to accommodate a farm labor camp are not subject to Density Regulations.

c. Density Bonus Projects for Affordable or Senior Housing. An increase in density exceeding the applicable Density Regulations may be approved for projects that reserve housing units for moderate, low, or very low income households or for senior housing in accordance with the Density Bonus Program found at Sections 6350 through 6399.

d. Employee Housing. Employee housing, pursuant to California Health & Safety Code §§ 17000 et seq., is not subject to Density Regulations.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79) (Amended by Ord. No. 5676 (N.S.) adopted 12-19-79) (Amended by Ord. No. 5781 (N.S.) adopted 6-4-80) (Amended by Ord. No. 5935 (N.S.) adopted 11-19-80) (Amended by Ord. No. 6029 (N.S.) adopted 4-22-81) (Amended by Ord. No. 6045 (N.S.) adopted 4-29-81) (Amended by Ord. No. 6479 (N.S.) adopted 12-01-82) (Amended by Ord. No. 6506 (N.S.) adopted 1-5-83) (Amended by Ord. No. 6634 (N.S.) adopted 08-03-83) (Amended by Ord. No. 7319 (N.S.) adopted 06-10-87) (Amended by Ord. No. 7525 (N.S.) adopted 09-07-88) (Amended by Ord. No. 7790 (N.S.) adopted 08-01-90. This ordinance will expire on August 31, 1993, unless extended in connection with GPA 93-02) (Amended by Ord. No. 9020 (N.S.) adopted 04-14-99) (Amended by Ord. No. 10003 (N.S.) adopted 8-5-09) (Amended by Ord. No. 10068 (N.S.) adopted 8-4-10) (Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

The minimum number of dwelling units required within the exterior boundary lines of any subdivision, or a single lot shall be equal to the product of the total of the net lot area of such subdivision, or lot expressed in acres multiplied by the applicable minimum density designator, if any. A product with any fraction of a dwelling unit shall be rounded up to the nearest whole number of dwelling units.

(Renumbered and amended by Ord. No. 5508 (N.S.) adopted 5-16-79. Formerly 4116) (Amended by Ord. No. 6855 (N.S.) adopted 10-10-84)

4200 TITLE AND PURPOSE.

The provisions of Section 4200 through 4299, inclusive, shall be known as Lot Area Regulations. The purpose of these provisions is to aid in the implementation of the growth, population distribution, conservation, and development policies of the San Diego County General Plan and to meet requirements for residential and nonresidential development within the County as set forth in the policies and principles of the General Plan.

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

Minimum lot area shall be indicated directly with square feet expressed in thousands, e.g., "6000" and "10,000" indicating 6,000 and 10,000 square feet respectively. Minimum lot area may be expressed as acres, e.g. 1 ac. and 1.5 ac. A dash ("-") shall indicate that there is no minimum lot area or that when used in conjunction with a Village Zone, regulations shall be specified in the applicable Village Zone Development Regulations.

(Amended by Ord. No. 6855 (N.S.) adopted 10-10-84) (Amended by Ord. No. 8581 (N.S.) adopted 9-20-95) (Amended by Ord. No. 10348 (N.S.) adopted 7-30-14)

a. Specification of Lot Area. Minimum lot areas shall be established to regulate the minimum area that lots or building sites must have before they may be developed, and any such minimum lot area may be specified within the development unit.

b. Lot Area Designator. In no case shall a minimum lot area of less than 3,000 square feet be designated under the provisions of the Lot Area Regulations, except where a lesser lot area may be permitted under the provisions of the Planned Development Standards commencing at Section 6600, the provisions of Section 4230 relating to lot area averaging, or where otherwise excepted by this ordinance.

(Amended by Ord. No. 5787 (N.S.) adopted 6-4-80) (Amended by Ord. No. 6855 (N.S.) adopted 10-10-84) (Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

No portion of the required area of any lot or building site shall be used or considered as part of the required area for any other lot or building site. No lot or building site shall be reduced in size so that the area thereof is less than the minimum prescribed by an applicable lot area designator except when such reduction results from partial acquisition for public use. No existing lot or building site which has an area less than the minimum required lot area shall be reduced in area, except when such reduction results from partial acquisition for public use.

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

Any substandard lot or building site shall be deemed to meet an applicable minimum lot area requirement when:

a. It existed as an entire lot, or as an entire parcel for which either a deed of record in the office of the County Recorder or a bona fide contract of sale was in full force and effect, prior to the date it was first zoned to the zone classification which caused it to be undersized; and

b. It is not the result of a division of land in violation of any state law or county ordinance.

(Amended by Ord. No. 6134 (N.S.) adopted 7-22-81) (Amended by Ord. No. 6543 (N.S.) adopted 3-2-83) (Amended by Ord. No. 6855 (N.S.) adopted 10-10-84) (Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

The net lot area of a lot shall be not less than the required minimum area prescribed by the lot area designator of the zone, provided that one of the following requirements is satisfied:

a. Said lot or building site is created pursuant to a use permit specifying such lesser area or issued for the purpose of authorizing such lesser area, provided that such lot or building site shall in no event have an area less than six thousand (6,000) square feet.

b. All requirements of Section 4220 of this Ordinance are met.

c. Said lot or building site is shown on an approved final subdivision map, or on a tentative subdivision map which has been approved or filed for approval, all prior to December 1, 1969; provided that after December 31, 1971:

1. Said lot or building site exists as an entire lot, or as an entire parcel for which either a deed is of record in the office of the County Recorder or a bona fide contract of sale is in full force and effect.

2. It is not the result of a division of land in violation of any State law or County ordinance.

d. Said lot or building site is shown on an approved division of land plat or on a division of land plat filed for approval prior to December, 1969; provided that after December 31, 1971:

1. Said lot or building site exists as an entire lot or as an entire parcel for which either a deed is of record in the office of the County Recorder or a bona fide contract of sales is in full force and effect.

2. It is not the result of a division of land in violation of any State law or County ordinance.

e. Exemption. Multifamily and mixed-use projects that include a floor area ratio that meets the requirements under subdivision (b) of Section 65913.11. of the California Government Code shall be allowed on existing legal parcels, regardless of consistency with the existing minimum lot size requirement, provided all other applicable requirements are met, including meeting the densities established by the Zoning Ordinance or General Plan.

(Amended by Ord. No. 6855 (N.S.) adopted 10-10-84) (Amended by Ord. No. 10162 (N.S.) adopted 8-3-11) (Amended by Ord. No. 10858 (N.S.) adopted 7-19-23)

If a portion of a legally existing lot or building site in any zone is acquired for public use in any manner including dedication, condemnation or purchase, the remainder of such lot or building site shall be considered as having the required lot area provided:

a. After all applicable front and side yard setback requirements are met, the remainder of such lot or building site contains a rectangular space at least 30 feet by 40 feet in area which is usable for a main building; and

b. The remainder of such lot or building site has an area of at least 1/2 of that required by an applicable lot area designator except that, in zones requiring a lot area of 1/2 acre or more, a lot area of not less than 6,000 square feet shall be required; and

c. The remainder of such lot or building site has access to a street. Where the remainder of such lot or building site shall be considered as having the required minimum lot area as herein provided, the rear yard setback required for such remainder shall be 1/2 of the aforesaid applicable rear yard setback requirement.

(Amended by Ord. No. 6134 (N.S.) adopted 7-22-81) (Amended by Ord. No. 6855 (N.S.) adopted 10-10-84)

(Section 4223, REDUCED LOT AREA FOR MINOR SUBDIVISIONS, repealed by Ord. No. 7935 (N.S.) adopted 6-19-91), originally Added by Ord. No. 6654 (N.S.) adopted 9-21-83, then Amended by Ord. No. 6855 (N.S.) adopted 10-10-84, then further Amended by Ord. No. 7740 (N.S.) adopted 3-28-90.)

4224 REDUCED LOT AREA FOR PUBLIC AND UTILITY BUILDINGS.

Where a lot or building site is devoted exclusively to public buildings and uses owned by a county, city or other political subdivision or to public utility buildings and uses, a Minor Use Permit may be issued authorizing a reduction in the minimum required lot area for such lot or building.

No living units shall be permitted on such lot or parcel except to house Fire Protection Service personnel and related equipment.

(Amended by Ord. No. 6855 (N.S.) adopted 10-10-84) (Amended by Ord. No. 9268 (N.S.) adopted 11-15-00)

Lot area averaging is a method associated with land subdivision. Upon approval of an administrative permit, it allows lots in a subdivision to be smaller than would be allowed by the applicable lot area designator, provided the overall density of the subdivision is not increased. The administrative permit is subject to required findings and conditions.

a. Purpose and Intent

The purpose of lot area averaging is to allow flexibility in lot size so as to encourage site design that avoids environmental resources, preserves open space areas, and responds to unique site and area features. The intent is that the lots shall relate to the natural features, with larger lots or open space to be located in environmentally constrained areas. Lot area averaging shall not be used to create recreational or compensating open space for the exclusive use of the residents of the subdivision or for the use of the general public on a fee or membership basis, or for any other purpose for which approval of a Major Use Permit (planned development) or a Specific Plan would be the appropriate process.

b. Required Findings

Before an Administrative Permit for lot area averaging may be granted the following findings shall be made:

1. That the size, design, grading, and location of the proposed lots will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources, with consideration given to:

i. Harmony in lot size and configuration, building setbacks and orientation;

ii. The harmful effect, if any, upon desirable neighborhood character, including a finding that all lots in the subdivision which adjoin neighboring properties are compatible in size and shape to the adjoining lots, unless such adjoining area is to be reserved for open space or that adequate buffering has been provided to eliminate any significant harmful effect to neighboring properties;

iii. The suitability of the site for the type and intensity of use or development which is proposed;

iv. The harmful effect, if any, upon environmental quality and natural resources; and to

v. Other relevant impacts of the proposed use.

2. That the total number of lots (excluding any lots reserved for open space purposes) shall not exceed the number obtained by dividing the total net area of the subdivision by the minimum lot area required by the applicable lot area designator.

3. That all lots and easements in the subdivision which are designated for open space be for the preservation of steep natural slopes, environmentally sensitive areas, wildlife habitat, agriculture or archeological or historical resources, and will be permanently reserved for open space in a manner which makes the County or a public agency a party to and entitled to enforce the reservation.

4. That the proposed subdivision and the total number and location of the proposed lots will be consistent with the San Diego County General Plan.

(Amended by Ord. No. 5786 (N.S.) adopted 6-4-80) (Amended by Ord. No. 6855 (N.S.) adopted 10-10-84) (Amended by Ord. No. 6924 (N.S.) adopted 2-20-85) (Amended by Ord. No. 7320 (N.S.) adopted 6-10-87) (Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

4300 TITLE AND PURPOSE.

The provisions of Section 4300 through 4399, inclusive, shall be known as the Building Type Regulations. The purpose of these provisions is to allow flexibility within the development regulations to identify structural types and sizes most appropriate to the various geographic settings and special local policies of San Diego County.

4305 BUILDING TYPE DESIGNATOR NOTATION.

Building type shall be indicated by a capital letter corresponding to one row of the Building Type Schedule at Section 4310 specifying the permitted building types. A dash ("-") shall indicate that none of the building types specified in Section 4310 are permitted or that when used in conjunction with a Village Zone, regulations shall be specified in the applicable Village Zone Development Regulations.

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95) (Amended by Ord. No. 10348 (N.S.) adopted 7-30-14)

a. Residential. Buildings containing only residential principal uses shall be permitted according to those columns of the Building Type Schedule pertaining to "Permitted Residential Building Types".

b. Mixed. Buildings containing both residential and nonresidential principal uses shall be permitted according to those columns of the Building Type Schedule pertaining to "Permitted Mixed Residential and Nonresidential Building Types". The number of dwelling units shall not be greater than permitted by the same building designator for residential buildings.

c. Nonresidential. Buildings containing only nonresidential principal uses shall be permitted according to those columns of the Building Type Schedule pertaining to "Permitting Nonresidential Building Types".

d. Designator A. In zones subject to the "A" Building Designator, no buildings are permitted except those exempt from the Building Type Schedule pursuant to Section 4315.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79) (Amended by Ord. No. 6940 (N.S.) adopted 4-10-85) (Amended by Ord. No. 6983 (N.S.) adopted 7-03-85)

PERMITTED BUILDING TYPES

PERMITTED BUILDING TYPES

∙ PERMITTED BUILDING TYPE

(a) Detached dwellings are permitted.

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

The following are exempt from provisions of Sections 4310; Building Type Schedule:

a. Civic Use Types.

b. Any use or structure for which a use permit is granted.

c. Accessory Structures.

d. Temporary structures erected pursuant to the Temporary Use Regulations.

e. Secondary Uses.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79) (Amended by Ord. No. 6855 (N.S.) adopted 10-10-84) (Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

MAXIMUM FLOOR AREA REGULATIONS

The provisions of Section 4400 through Section 4499, inclusive, shall be known as the Maximum Floor Area Regulations. The purpose of these provisions is to limit the total floor area of individual buildings in order to assure compatibility of scale between buildings on the same building site and between buildings on different building sites within the same zone.

4405 MAXIMUM FLOOR AREA DESIGNATOR NOTATION.

Maximum floor area permitted per building shall be indicated by an Arabic numeral, with square feet expressed in thousands, e.g., "2" and "4" indicating "2,000" and "4,000" square feet, respectively; and hundreds expressed as a decimal fraction, e.g., "2.5" and "4.2" indicating 2,500 and 4,200 square feet, respectively. A dash ("-") shall indicate that permitted floor area is not regulated except as may otherwise be limited by required setbacks and height restrictions or that when used in conjunction with a Village Zone, regulations shall be specified in the applicable Village Zone Development Regulations.

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95) (Amended by Ord. No. 10348 (N.S.) adopted 7-30-14)

Maximum floor area designators shall be established to limit the floor area of individual buildings and any such floor area may be specified within the Development Regulations.

FLOOR-AREA RATIO REGULATIONS

4500 TITLE AND PURPOSE.

The provisions of Section 4500 through Section 4599, inclusive, shall be known as the Floor-Area Ratio Regulations. The purpose of these provisions is to allow flexibility within the Development Regulations to identify structural sizes most appropriate to the various geographic settings and special local policies of San Diego County by establishing the maximum floor-area ratio to which structures may be constructed.

The floor-area ratio shall incorporate all buildings on the lot or building site.

4505 FLOOR-AREA RATIO DESIGNATOR NOTATION.

Floor-area ratio shall be indicated by an Arabic numeral indicating the actual maximum permitted floor-area ratio. A dash ("-") shall indicate that floor-area ratio is not regulated by this ordinance except as may otherwise be limited by required setbacks and height restrictions or that when used in conjunction with a Village Zone, regulations shall be specified in the applicable Village Zone Development Regulations. However, a floor-area ratio pursuant to the Land Use Element of the General Plan may be applicable to a property.

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95) (Amended by Ord. No. 10204 (N.S.) adopted 3-28-12) (Amended by Ord. No. 10348 (N.S.) adopted 7-30-14)

Floor-area ratios shall be established to regulate the scale of development and any such ratio may be specified within the Development Regulations.

HEIGHT REGULATIONS

4600 TITLE AND PURPOSE

The provisions of Section 4600 through Section 4699, inclusive, shall be known as the Height Regulations. The purpose of these provisions is to establish the maximum height of buildings and other structures within zones.

4605 HEIGHT DESIGNATOR NOTATION

Height shall be indicated by a capital letter corresponding to one row of the Height Schedule at Section 4610 specifying the maximum permitted height of buildings and other structures measured in feet and numbers of stories. A dash ("-") shall indicate that there is no height limit, and may be used only where a dash has been used for the Building Type designator or that when used in conjunction with a Village Zone, regulations shall be specified in the applicable Village Zone Development Regulations.

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95) (Amended by Ord. No. 10348 (N.S.) adopted 7-30-14)

Height designators used for the Development Regulations shall be limited to those in the following Schedule B:

SCHEDULE B HEIGHT SCHEDULE

Notes:

(a) Any number of stories is permitted, provided all building code requirements and floor-area ratio limitations are met.

(b) Greater than 60 feet. Any height in excess of 60 feet requires a Major Use Permit.

a. Where the average slope of a lot is greater than one foot rise or fall in 7 feet in the area of the lot bounded by a line drawn 5 feet outside the building perimeter or, where closer, along property lines, an additional story may be permitted in a residential building which is located on the downhill side of a street, provided that in no case shall such a building have a height measured in feet greater than that permitted by the applicable height

designator. Basements or cellars within such buildings will only be permitted if the grade elevation at all points adjacent to the basement perimeter is not more than 2 feet below the finished floor elevation directly above. This subsection (a) shall not apply to through lots or corner lots.

b. An additional story may be permitted in a main dwelling with a primary residential use upon issuance of an Administrative Permit, provided that in no case shall the main dwelling have a height measured in feet greater than that permitted by the applicable height designator. The Administrative Permit Procedure at Section 7050 through Section 7099 shall apply. Notice of the administrative permit application shall be provided pursuant to Section 7060.c. The Director may approve said administrative permit provided the following findings are made:

1. The additional story will be in harmony with scale and bulk of dwellings on adjacent properties in the same zone, and will be compatible with the existing neighborhood character in the vicinity of the property; and

2. The additional story will not create a safety hazard, obstruct, interrupt or detract from existing views or be detrimental to surrounding properties in the same zone.

This subsection (b) shall not apply to basements proposed or existing within the main dwelling as basements are not considered a story.

(Amended by Ord. No. 6134 (N.S.) adopted 7-22-81) (Amended by Ord. No. 6855 (N.S.) adopted 10-10-84) (Amended by Ord. No. 7048 (N.S.) adopted 10-09-85) (Amended by Ord. No. 7220 (N.S.) adopted 10-22-86) (Amended by Ord. No. 9935 (N.S.) adopted 4-23-08) (Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

The following structures shall be exempt from the maximum height provisions of an applicable height designator:

a. Radio and television receiving antennas no more than 200 feet in height of the type customarily used for home radio and television receivers.

b. Transmitting antennas no more than 200 feet in height used by licensed amateur (ham) or citizens band radio operators.

c. Flagpoles no more than 50 feet in height; provided, however, that flagpoles used as signs or attention-attracting devices shall be subject to the Off-Premise Sign Regulations commencing at Section 6200 and the On-Premise Sign Regulations commencing at Section 6250.

d. Signs no more than 50 feet in height except as otherwise limited by the Off-Premise Sign Regulations commencing at Section 6200 and the On-Premise Sign Regulations commencing at Section 6250.

e. Grain elevators, silos and water tanks functionally used for commercial agriculture, boarding and breeding stables or public stables which are located in agricultural zones or S92 Use Regulations; provided that no such structure shall be more than 50 feet in height.

f. Chimneys no more than 100 feet in height located in industrial zones; and all other chimneys extending no more than 3 feet above the highest point on the roof of the building to which they are attached.

g. Any structure for which a Major Use Permit is granted pursuant to other provisions of this ordinance, when the Major Use Permit authorizes an exemption to the height regulations.

h. Any structure used primarily to contain or support an Essential Services or Fire Protection Services use.

i. A Photovoltaic Solar Energy System extending not more than 5 feet above the highest point of the roof.

j. Wind turbines, windmills, wind-driven water pumps and appurtenant structures required for the function thereof.

k. Meteorological Testing (MET) Facility of less than 200 feet in height permitted in accordance with Section 6123.

l. Brewery and associated structures, including water tanks or silos, not more than 50 feet in height, located in industrial or commercial zones.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79) (Amended by Ord. No. 5574 (N.S.) adopted 8-1-79) (Amended by Ord. No. 6091 (N.S.) adopted 7-1-81) (Amended by Ord. No. 6268 (N.S.) adopted 4-14-82) (Amended by Ord. No. 6857 (N.S.) adopted 10-10-84. Opr. 1-1-85) (Amended by Ord. No. 9690 (N.S.) adopted 12-15-04) (Amended by Ord. No. 9971 (N.S.) adopted 02-25-09) (Amended by Ord. No. 10035 (N.S.) adopted 1-27-10) (Amended by Ord. No. 10072 (N.S.) adopted 9-15-10) (Amended by Ord. No. 10095 (N.S.) adopted 12-8-10) (Amended by Ord. No. 10463 (N.S.) adopted 4-14-17)

Except as otherwise provided by Section 4620, the following structures may be erected and maintained above the maximum height permitted by an applicable height designator upon the issuance of a minor use permit therefore; provided, however, no such structure above such height limit shall be used for sleeping or eating quarters or for any commercial purpose other than such as may be incidental to the permitted uses of the main building:

a. Radio and television receiving antennas greater than 200 feet in height of the type customarily used for home radio and television receivers..

b. Transmitting antennas greater than 200 feet in height used by licensed amateur (ham) radio operators; and all transmitting antennas used by other than licensed amateur (ham) or citizens band radio operators

c. Flagpoles greater than 50 feet in height; provided, however, that flagpoles used as signs or attention-attracting devices shall be subject to the Off-Premise Sign Regulations commencing at Section 6200 and the On-Premise Sign Regulations commencing at Section 6250.

d. Signs greater than 50 feet in height except as otherwise limited by the Off-Premise Sign Regulations commencing at Section 6200 and the On-Premise Sign Regulations commencing at Section 6250.

e. Provided the principle use of the property is commercial agriculture, a boarding and breeding stable or a public stable, grain elevators, silos and water tanks greater than 50 feet in height, and barns and all other structures greater than the permitted height limit of the zone, functionally used for commercial agriculture, a boarding and breeding stable or a public stable, which are located in agricultural zones or S92 Use Regulations; grain elevators, silos, and water tanks not located in agricultural zones or S92 Use Regulations, functionally used for commercial agriculture, boarding and breeding stables or public stables.

f. Chimneys greater than 100 feet in height located in industrial zones; and all other chimneys extending more than 3 feet above the highest point on the roof of the building to which they are attached.

g. Towers, gables, spires, steeples, sundecks, scenery lofts, cupolas, and similar structures and necessary mechanical appurtenances; provided, however, that no such structure may extend more than 20 feet above the maximum height specified by the applicable height designator if of combustible materials.

h. Penthouse; provided, however, that no penthouse shall exceed 28 feet in height above the roof when used as an enclosure for tanks or for elevators which run to the roof and in all other cases shall not extend more than 12 feet in height above the roof; and further provided, however, that the aggregate area of all penthouses and other roof structures shall not exceed 33-1/3 percent of the area of the supporting roof.

i. A Photovoltaic Solar Energy System.

j. Wireless Telecommunications Facilities.

k. Brewery and associated structures, including water tanks and silos, greater than 50 feet in height located in industrial and commercial zones.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79) (Amended by Ord. No. 5574 (N.S.) adopted 8-1-79) (Amended by Ord. No. 6091 (N.S.) adopted 7-1-81) (Amended by Ord. No. 9690 (N.S.) adopted 12-15-04) (Amended by Ord. No. 10035 (N.S.) adopted 1-27-10) (Amended by Ord. No. 10072 (N.S.) adopted 9-15-10) (Amended by Ord. No. 10095 (N.S.) adopted 12-8-10) (Amended by Ord. No. 10463 (N.S.) adopted 4-14-17)

The height of fences shall be regulated by the Fencing and Screening Regulations commencing at Section 6700.

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

4631 HEIGHT OF GUARD RAILINGS.

The height of guard railings for safety protection around depressed ramps, openwork fences, hedges or landscape architectural features shall be regulated by the Setback Regulations at Section 4835.

COVERAGE REGULATIONS

4700 TITLE AND PURPOSE.

The provisions of Section 4700 through Section 4799, inclusive, shall be known as the Coverage Regulations. The purpose of these provisions is to establish the maximum lot area which may be covered by buildings.

Coverage shall be indicated by either or both of the following, of which the most restrictive applies:

1. An Arabic numeral specifying as a decimal fraction the actual maximum portion of a lot or building site which may be covered by all buildings located on such lot or building site.

2. An Arabic numeral specifying as a whole number the actual maximum area in square feet which may be covered by all buildings located on such lot or building site.

A dash ("-") shall indicate that maximum coverage of the lot or building site, in either square feet or portion of the lot, is not regulated except as may otherwise be limited by required setbacks designator or that when used in conjunction with a Village Zone regulations shall be specified in the applicable Village Zone Development Regulations.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79) (Amended by Ord. No. 8581 (N.S.) adopted 9-20-95) (Amended by Ord. No. 10348 (N.S.) adopted 7-30-14)

Maximum lot coverage shall be established to regulate the intensity of development and any such coverage may be specified by the Development Designator.

SETBACK REGULATIONS

4800 TITLE AND PURPOSE.

The provisions of Section 4800 through Section 4899, inclusive, shall be known as the Setback Regulations. The purpose of these provisions is to establish minimum front, side, and rear yard setback requirements for all buildings and other structures within San Diego County in order to assure light, air, privacy, and open areas appropriate to the use, location, and impact of uses and structures.

Setbacks shall be indicated by a capital letter corresponding to one row of the Setback Schedule at Section 4810 specifying the minimum dimensions of the front, side, and rear yard setbacks. A dash ("-") shall indicate that there are no setbacks required for the property, and may be used only where a dash has been used for the Building Type designator or that when used in conjunction with a Village Zone, regulations shall be specified in the applicable Village Zone Development Regulations.

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95) (Amended by Ord. No. 10348 (N.S.) adopted 7-30-14)

Setback designators used within the development unit shall be limited to those in the following Schedule C:

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

*SCHEDULE C – SETBACK SCHEDULE (Zoning)

Note: (b) not used

* Fire Code Setbacks may be more restrictive. Check with Fire Authority having jurisdiction. For Additional Setback Regulations see sections 4815 and 4816.

(Amended by Ord. 5508 (N.S.) adopted 5-16-79. Effective 6-15-79) (Amended by Ord. 6654 (N.S.) adopted 9-21-83. Effective 10-21-83) (Amended by Ord. 7110 (N.S.) adopted 4-2-86. Effective 5-2-86) (Amended by Ord. 8185 (N.S.) adopted 12-16-92.)

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

SETBACK SCHEDULE FOOTNOTES

a. Any front yard setback requirement shall be deemed to be met when the front yard setback provided at least equals the average of that established by existing buildings which occupy 50 percent or more of the lots which are:

1. Within the same zone;

2. On the same side of the street; and

3. Within the same block or within 300 feet in either direction from the subject property, whichever distance is lesser.

b. Not used.

c. Applicable only to lots shown on a final map of subdivision recorded after January 1, 1966, abutting street rights-of-way 50, 52, or 56 feet in width.

d. This provision applies only to those lots which front on a private street or easement which is less than 40 feet in width. The front yard setback required shall be 40 feet from the centerline of said street or easement. For lots fronting on the terminal end of said street or easement the 40 feet shall be measured from a point on the centerline of said street or easement at a distance of 20 feet in front of the intersection of said centerline and the front lot line.

e. Where a rear yard opens onto an alley, public park, or other permanent open space, 1/2 of the width of such alley, public park, or other permanent open space, may be considered as applying to the rear yard setback to the extent of not more than 50 percent of the required rear yard setback.

f. For any legal lot or building site less than 1/2 acre in area, the minimum front yard setback shall be 50 feet from the centerline. No main building shall be located closer than 20 feet from the front lot line.

g. For any legal lot or building site less than 1/2 acre in area, the requirement for each interior side yard shall be reduced to 10 feet. For any such lot or building site less than 10,000 square feet in area, such requirement shall be reduced to 7-1/2 feet. For any such lot or site less than 7,500 feet in area, such requirement shall be reduced to 5 feet.

h. Five feet if lot line abuts property in a residential zone.

i. Exterior side yards shall be at least 5 feet in width measured from the property line.

j. The combined width of the side yards shall be 15 percent of the lot width, provided that no individual side yard shall be less than 5 feet in width nor required to be more than 20 feet in width, except that an exterior side yard shall have a setback no less than that specified in the Setback Schedule.

k. Each side yard shall be increased by 2-1/2 feet for each dwelling unit in excess of 2, but in no case need such side yard exceed 10 feet in width.

l. An additional one foot for each side yard is required for each story above the second.

m. Fifteen feet if lot or building site is used exclusively for buildings with commercial principal uses or buildings with commercial principal uses with one or more dwellings on the second story.

n. Five feet for lots with residential principal uses or whose lot lines abut property in a residential zone.

o. Twenty-five feet from lots with residential principal uses, except that lots with the RR Use Regulations in, or contiguous to, the Campo Del Dios subdivision (Map Nos. 1819, 1832, 1841, 1901, 1954, 2029) shall not be subject to this restriction.

p. Equal to setback requirement of abutting property that is nearest main building.

q. If designator applies to a commercial or manufacturing/industrial zone and property fronts on a street where 50 percent or more of the total frontage between two intersecting streets is in one or more residential zones, the front yard setback requirement shall be equal to that of the most stringent residential zone fronting the street.

r. Yards abutting property in another zone shall have setbacks equal to those required by that zone.

s. The exterior side yard setback as measured from the nearest edge of the right-of-way shall not be less than that required for the interior side yard.

t. Twenty feet in front yard abutting a street 30 feet or less in width.

u. Windmills, wind-driven water pumps and appurtenant structures required for the function thereof, shall be exempted from the provisions of an applicable setback designator.

v. The "W" setback designator may be applied only to property having use regulations requiring a minimum lot size of 2 acres or greater. Where applied, the interior side yard setback shall be 15 feet for:

1. any legal lot less than 2 acres in area;

2. any legal lot developed with a structure used or intended for use as a dwelling prior to the effective date of the ordinance applying the "W" designator to the property in question; or

3. any legal lot less than 3 acres in area, created prior to August 10, 1988, the original date of adoption of the San Diego County Interim Sensitive Lands Ordinance.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79) (Amended by Ord. No. 6268 (N.S.) adopted 4-14-82) (Amended by Ord. No. 6761 (N.S.) adopted 4-25-84) (Amended by Ord. No. 7110 (N.S.) adopted 4-2-86) (Amended by Ord. No. 7740 (N.S.) adopted 3-28-90) (Amended by Ord. No. 8185 (N.S.) adopted 12-16-92) (Amended by Ord. No. 8482 (N.S.) adopted 11-30-94) (Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

When a major use permit for a use or structure is granted, the use permit may authorize an exception to the Setback Regulations and establish other setback and spacing requirements as a condition thereof.

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

SUPPLEMENTARY SETBACK REGULATIONS

4815 ADDITIONAL ROAD SETBACKS.

In addition to the setback regulations established by the Zoning Ordinance, all buildings or other structures shall comply with the setbacks as established by Chapter 3 (commencing at Section 51.301) of Division 1 of Title 5 of the County Code.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79. Effective 6-15-79) (Amended by Ord. No. 5786 (N.S.) adopted 6-4-80. Effective 7-4-80) (Amended by Ord. No. 8166 (N.S.) adopted 10-21-92) (Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

Notwithstanding the provisions of the setback schedule or the special setbacks established by the Centerline Ordinance, no building or structure shall be allowed closer to the centerline of the street than specified in the following table:

* Minimum setback shall be consistent with the Main Building Setback regulations in the applicable Fallbrook Village Zone Regulations.

(Amended by Ord. No. 6268 (N.S.) adopted 4-14-82) (Amended by Ord. No. 6543 (N.S.) adopted 3-2-83) (Amended by Ord. No. 8166 (N.S.) adopted 10-21-92) (Amended by Ord. No. 8482 (N.S.) adopted 11-30-94) (Amended by Ord. No. 8897 (N.S.) adopted 3-18-98) (Amended by Ord. No. 9620 (N.S.) adopted 12-10-03)

When the centerline of the street fronting a lot or building site has not been officially adopted, the front yard setback shall be measured perpendicularly to the assumed centerline of the street, determined as a point in the street equally distant from each outer edge of the street.

4818 THROUGH LOTS TO HAVE TWO FRONT YARDS.

A through lot shall maintain a front yard adjacent to each street upon which it fronts and to which it has access rights. When access rights are relinquished to one of the abutting streets, that portion of the lot shall maintain the rear yard setback.

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

Setbacks required by an applicable setback designator shall apply to all buildings except that semi-detached, duplex and attached building types permitted by an applicable building type designator shall not be subject to the interior side yard requirements of such setback designator along those interior side lot lines where buildings are attached.

4822 REQUIRED FRONT AND REAR YARD FOR LOTS OF SUBSTANDARD DEPTH.

Notwithstanding other provisions of these Setback Regulations, in any zone other than a commercial or manufacturing/industrial zone or the Fallbrook Village Zones any lot or parcel which existed prior to December 31, 1969, and which is 90 feet or less in depth shall have the following:

a. A minimum front yard setback of 40 feet measured from the centerline of the abutting street;

b. A minimum front yard setback of 20 feet measured from the front lot line; and

c. A minimum rear yard setback of 15 feet measured from the rear lot line.

(Amended by Ord. No. 9620 (N.S.) adopted 12-10-03)

For corner lots where all access rights except for a private easement road have been relinquished to an abutting street, the required front yard setback shall be measured from the street which provides access. That portion of the lot abutting the street where access rights have been relinquished shall observe the required exterior side yard setback. For a lot with streets on three sides, that portion of the lot which is opposite and most distant from the street which provides access, shall observe the required rear yard setback if access rights have been relinquished to that abutting street.

(Added by Ord. No. 7306 (N.S.) adopted 5-20-87) (Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

A building or other structure shall not be erected or maintained on a lot or building site which abuts a street or alley having only a portion of its required width dedicated and where no part of such dedication would normally revert to said lot or building site if the street or alley were vacated, unless the yards provided and maintained in connection with such building or structure have a width or depth of that portion of the lot or parcel of land needed to complete the street or alley width, plus the width or depth of the yards required on the lot or parcel of land by an applicable setback designator. This section applies whether this ordinance requires yards or not. The Planning Commission, upon request, shall determine the required street or alley width.

Except where the column of the Setback Schedule headed "Front Yard-Abutting Private Thoroughfare" applies, the front yard setback of any lot or building site at the end of any cul-de-sac shall be measured as follows:

a. Cul-de-Sac To Be Extended. Where provision has been made for the future extension of said cul-de-sac, then, for the purpose of determining the front yard setback, the centerline of said cul-de-sac shall be deemed to extend through the property reserved for such extension.

b. Cul-de-Sac Not To Be Extended and Turnaround Space Provided. Where no provision has been made for the future extension of said cul-de- sac, and the terminal portion of said cul-de-sac has been enlarged in such a way that the diameter thereof is greater than the width of the portion of the street adjoining such terminal portion, then, for the purpose of determining the front yard setback, the centerline of such terminal portion shall be deemed to be one of the following depending on the diameter of such terminal portion:

1. For any cul-de-sac with a terminal portion 80 feet or less in diameter, the point 1/2 of the width of said terminal portion distant from the intersection of said centerline of said cul- de-sac with the end of said cul-de-sac.

2. For any cul-de-sac with a terminal portion greater than 80 feet in diameter, the line equidistant from and 40 feet within the exterior right-of-way line of such enlarged terminal portion.

c. Cul-de-Sac Not To Be Extended and Turnaround Space Not Provided. Where no provision has been made for the future extension of said cul-de-sac, and the terminal portion of said cul-de-sac has not been enlarged in the manner described in subsection "b" hereof, then, for the purpose of determining the front yard setback, the centerline of such terminal portion shall be deemed a point on the centerline of such cul-de-sac which point is 1/2 of the width of the cul-de-sac distant from the intersection of said centerline of said cul-de-sac with the end of said cul-de-sac.

For any lot or building site abutting a service road or street or outer highway contiguous to a main street or thoroughfare, front yard and exterior side yard setbacks shall be measured from the centerline of the service road or street or highway and not from the centerline of the main street or thoroughfare.

4830 YARDS ADJACENT TO INTERNATIONAL BORDER WITHIN MOUNTAIN EMPIRE SUBREGIONAL PLAN AREA

For any lot or building site located within the boundaries of the Mountain Empire Subregional Plan Area in the vicinity of the International Border, the applicable yard requirements shall be adjusted to provide 90 feet of open space northerly of the Public Reserve Boundary. This 90 feet of open space paralleling the International Border is intended to function along with the 60-foot wide Public Reserve Area as a view corridor and emergency access corridor to facilitate law enforcement and fire protection. The provisions of this section may be waived or modified through the Administrative Permit Procedure commencing at Section 7050 in cases where a hardship will be considered to exist if the remaining property (excluding the 90-foot wide Border setback) meets any of the following criteria:

• 1. Is less than 4,500 square feet in area;
• 2. is less than 45 feet deep;
• 3. has an average slope over 25%;

4. has unique characteristics which would render it unusable, such as rock outcroppings, drainage swales, or conflicting easements of record.

Such waivers of the Border setback as provided for herein shall not include waiver of setbacks otherwise required by zoning.

All requests for waiver or modification of the 90 foot Border setback will be referred to the local office of the Immigration and Naturalization Service (INS) subject to Section 7060(e).

(Added by Ord. No. 7246 (N.S.) adopted 12-10-86)

The Planning Commission may, by resolution, adopt a formula or establish standard practices by which to determine an appropriate and practical modification of required front, side and rear yard setbacks in all zones where geometric shape and dimensions and topography are such as to make the literal application of such required yard setbacks impractical. After the adoption of such formula or standard practices and the approval thereof by the Board of Supervisors, they shall be applied as an administrative act.

Every part of each required yard shall be open and unobstructed from finished grade to the sky except for buildings, structures and projections allowed in such yard by the following table. Any building, structure or projection not specifically allowed in a required yard by the following table is prohibited. These restrictions shall not apply to buildings, structures or projections located in yards or portions thereof which are not required by an applicable setback designator or by other provisions of these Setback Regulations. (Provisions of the County Building Code, County Fire Code, local Fire Protection District Fire Code or other applicable regulations may be more restrictive. Detached accessory buildings shall observe the most restrictive setbacks, including those prescribed by Section 4842.)

(Amended by Ord. 5508 (N.S.) adopted 5-16-79) (Amended by Ord. No. 6924 (N.S.) adopted 2-20-85) (Amended by Ord. No. 10006 (N.S.) adopted 9-16-09) (Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

CPERMITTED BUILDINGS, STRUCTURES AND PROJECTIONS IN REQUIRED YARDS

(Part of Section 4835)

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79) (Amended by Ord. No. 7576 (N.S.) adopted 1-11-89) (Amended by Ord. No. 5933 (N.S.) adopted 11-19-80) (Amended by Ord. No. 8166 (N.S.) adopted 10-21-92) (Amended by Ord. No. 6654 (N.S.) adopted 9-21-83) (Amended by Ord. No. 8581 (N.S.) adopted 9-20-95) (Amended by Ord. No. 6761 (N.S.) adopted 4-25-84) (Amended by Ord. No. 8897 (N.S.) adopted 3-18-98) (Amended by Ord. No. 6855 (N.S.) adopted 10-10-84) (Amended by Ord. No. 9690 (N.S.) adopted 12-15-04) (Amended by Ord. No. 6924 (N.S.) adopted 2-20-85) (Amended by Ord. No. 9935 (N.S.) adopted 4-23-08) (Amended by Ord. No. 7110 (N.S.) adopted 4-2-86) (Amended by Ord. No. 10006 (N.S.) adopted 9-16-09) (Amended by Ord. No. 7220 (N.S.) adopted 10-22-86) (Amended by Ord. No. 10072 (N.S.) adopted 9-15-10) (Amended by Ord. No. 7432 (N.S.) adopted 1-06-88) (Amended by Ord. No. 10162 (N.S.) adopted 8-3-11) (Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

Notwithstanding the requirements of Section 4835 referring to the permitted intrusion of private garages into required front yards, because of slope, a private garage accessory to a dwelling, may intrude into the front yard if it meets the following conditions, is not built closer than ten feet from any rear or side lot line; and the proposed garage location is the only practical one for the garage:

If the half of a lot that abuts a street from which garage access is taken has a slope of greater than one foot rise or fall over a seven foot distance or the slope is such that this half of the lot is more than four feet above or below the established street elevation, the garage may be built to within ten feet of the front lot line.

The garage may be built to the front lot line if the slope of the lot meets the same requirements mentioned above and the Director finds that it would not be a hazard to pedestrian or vehicular traffic.

This Section 4837 is not intended to allow a garage to be located within the front yard setback if it replaces a pre-existing garage that has been converted, or is proposed to be converted, to another use nor to allow a second garage on property where there is an existing garage.

(Amended by Ord. No. 6134 (N.S.) adopted 7-22-81) (Amended by Ord. No. 6855 (N.S.) adopted 10-10-84) (Amended by Ord. No. 7576 (N.S.) adopted 1-11-89) (Amended by Ord. No. 8581 (N.S.) adopted 9-20-95)

Notwithstanding the requirements of Section 4835 referring to permitted location of accessory structures within required yards, a water storage tank for fire protection may encroach into required yards if it meets all the following criteria:

1. Is required by the County Fire Marshal or Fire District serving the property;

2. Is not built closer than 10 feet from any street line and 3 feet from any other property line;

3. Does not exceed 15 feet in height and 12 feet in diameter; and

4. Is the only practical location which would assure gravity flow to the serving fire hydrant(s) or standpipe(s).

These water tanks may encroach closer to street lines and/or property lines than specified above, provided the Director finds that the encroachment would not be detrimental to adjacent properties and/or vehicular or pedestrian traffic.

(Added by Ord. No. 8166 (N.S.) adopted 10-21-92) (Amended by Ord No. 9690 (N.S.) adopted 12-15-04)

No main building 2 stories or less in height shall be closer than 10 feet to any other main building to which it is not attached on the same lot or building site, and no main building exceeding 2 stories in height shall be closer than 15 feet to any other main building to which it is not attached on the same lot or building site.

4841 REQUIRED DISTANCE BETWEEN DETACHED ACCESSORY BUILDINGS AND MAIN BUILDINGS.

No detached accessory building walls shall be closer than 6 feet to any main building walls or other accessory building walls on the same lot or building site and no detached accessory building eaves shall be closer than 4 feet to any main building eaves or other accessory building eaves on the same lot or building site. When the distance between either the walls or the eaves of a detached accessory building and a main building or living unit are less than specified in this section, the buildings are deemed attached for the purpose of determining setbacks and both must meet the setbacks prescribed for a main building.

Exceptions to this section are:

1. More restrictive separation may be required by the Animal Enclosure Setbacks in Section 3112.

2. There is no prescribed separation between chicken coops.

3. Swimming pools which do not extend more than 3 feet above the ground adjacent thereto.

(Amended by Ord. No. 6761 (N.S.) adopted 4-25-84) (Amended by Ord. No. 7306 (N.S.) adopted 5-20-87) (Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

a. No detached accessory building shall be located with walls closer than 3 feet or eaves closer than 2 feet from interior side or rear property lines.

b. No detached accessory building authorized by Section 6156.g exceeding 1,000 square feet in area shall be located within a required setback pursuant to Section 4810.

c. The combined area of all detached accessory buildings authorized by Section 6156.g, having any portion within the required setback pursuant to Section 4810, shall not exceed 1,000 square feet.

(Added by Ord. No. 6761 (N.S.) adopted 4-25-84) (Amended by Ord. No. 10006 (N.S.) adopted 9-16-09) (Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

The Director may grant an exception to the setback requirements to allow repair or replacement of a structure that was damaged or destroyed by a natural disaster that has been proclaimed by the Board of Supervisors as a local emergency, if he or she finds that there is no feasible way to rebuild in compliance with the required setbacks. The exception shall only allow repair or reconstruction of a structure which is substantially the same as that damaged or destroyed, or which more nearly conforms to the setback regulations.

(Added by Ord. No. 9658 (N.S.) adopted 6-23-04)

4900 TITLE AND PURPOSE.

The provisions of Section 4900 through Section 4999, inclusive, shall be known as the Usable Open Space Regulations. The purpose of these provisions is to promote the availability of outdoor areas for leisure and recreation throughout San Diego County by establishing requirements for minimum areas of usable open space for residential developments with three or more dwelling units per lot or building site.

4905 USABLE OPEN SPACE DESIGNATOR NOTATION.

Usable open space shall be indicated by a capital letter corresponding to one row of the Usable Open Space Schedule at Section 4910 specifying the minimum square feet of private and group usable open space for each dwelling unit in a residential development with three or more dwelling units per lot or building site. A dash ("-") shall indicate that there is no useable open space requirement or that when used in conjunction with a Village Zone, regulations shall be specified in the applicable Village Zone Development Regulations.

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95) (Amended by Ord. No. 10348 (N.S.) adopted 7-30-14)

Usable open space designators used within the development unit shall be limited to those in the following Schedule D:

SCHEDULE D USABLE OPEN SPACE SCHEDULE

The purpose of these provisions is to prescribe standards for the development and maintenance of open areas, each of which is provided for the exclusive use of the occupants of one dwelling unit and which is intended to serve the needs of said occupants for a private, outdoor space avail- able for recreation and leisure activities. Each private usable open space shall conform to the following standards:

a. Surfacing. A surface shall be provided which allows convenient use for outdoor activities. Such surface shall be any practicable combination of lawn, garden, flagstone, wood planking, concrete, asphalt, or other serviceable, dustfree surfacing. Slope shall not exceed 10 percent. Off-street parking and loading areas, driveways and service areas shall not be counted as usable open space. Adequate guard railings or other protective devices shall be erected wherever necessary for space on a roof or balcony, but shall not be more than 4 feet high and shall conform to the requirements of any applicable height designator.

b. Location. The space may be located anywhere on the same lot as the dwelling unit it serves, except that above-ground-level space shall not be located within 5 feet of an interior side lot line. All spaces shall be adjacent to and not more than 15 feet above or below the floor level of the dwelling unit served.

c. Size and Shape. An area of contiguous ground-level space shall be of such size and shape that a rectangle inscribed within it shall have no dimension less than 10 feet. An area of above-ground-level space shall be of such size and shape that a rectangle inscribed within it shall have no dimension less than 5 feet. When space is located on a roof, the area occupied by vents or other structures which do not enhance usability of the space shall not be counted toward the above dimension.

d. Accessibility. The space shall be accessible to only one dwelling unit.

e. Openness. There shall be no fixed, immovable obstructions over ground-level space except for devices to enhance its usability, such as sun shades, patio covers and awnings, and except that not more than 50 percent of the space may be covered by a private balcony projecting from a higher story. Above ground-level space shall have at least one exterior side open and unobstructed, except for incidental railings or balustrades, for 8 feet above its floor level.

f. Enclosure. Ground-level space shall be screened from abutting lots, streets, alleys, and paths, from abutting private ways, and from other open space areas on the same lot by a building wall, by dense landscaping not less than 5 feet high and not less than 3 feet wide, or by a solid or grille lumber or masonry fence or wall not less than 5 feet high, subject to the requirements of the Fencing and Landscaping Regulations commencing at Section 6700. However, when such screening would impair a beneficial outward and open orienta- tion of view, with no building located opposite and within 50 feet from such required screening, as measured perpendicularly therefrom a horizontal plane, the above-prescribed height may be reduced to 3 feet.

g. Maintenance. All required private usable open space shall be permanently maintained.

The purpose of these provisions is to prescribe standards for the development and maintenance of open areas provided for the use of the occupants of dwelling units and intended to serve their needs for outdoor open space available for group recreation and leisure activities. The design of all group usable open space must be suitable for such group uses and shall conform to the following standards:

a. Surfacing. A surface shall be provided which allows convenient use for outdoor activities. Such surface shall be any practicable combination of lawn, garden, flagstone, wood planking, concrete, asphalt, or other serviceable, dustfree surfacing. Slope shall not exceed 10 percent. Off-street parking and loading areas, driveways, and service areas shall not be counted as usable open space. Adequate guard railings or other protective devices shall be erected wherever necessary for space on a roof, but shall not be more than 4 feet high and shall conform to the requirements of any applicable height designator.

b. Location. The space may be located anywhere on the same lot as the dwelling units it serves, within 20 feet of the nearest dwelling unit served, except that not more than 20 percent of the required area may be located on the roof of any building other than an attached garage or carport.

c. Size and Shape. An area of contiguous space shall be of such size and shape that a rectangle inscribed within it shall have no dimension less than 15 feet. Narrow strips of open space, such as landscaped strips, adjoining but projecting away from such a rectangle shall not be counted toward the usable open space requirement. When space is located on a roof, the area occupied by vents or other structures which do not enhance usability of the space shall not be counted toward the above dimension.

d. Accessibility. The space shall be accessible to all the dwelling units on the lot or building site.

e. Openness. There shall be no fixed, immovable obstructions above the space except for devices to enhance its usability, such as sun shades, patio covers, and awnings.

f. Screening. Ground-level space shall be screened from abutting lots, wall, by dense landscaping not less than 3 feet high and not less than 3 feet wide, or by a solid or grille lumber or masonry fence or wall not less than 3 feet high, subject to the requirements of the Fencing and Landscaping Regulations commencing at Section 6700.

g. Maintenance. All required group usable open space shall be permanently maintained.

(Amended by Ord. No. 8247 (N.S.) adopted 5-19-93)

Usable open space areas shall not be located in any required front or exterior side yard.

PART FIVE: SPECIAL AREA REGULATIONS

GENERAL PROVISIONS

5000 GENERAL INTENT OF THE SPECIAL AREA REGULATIONS.

The provisions of Section 5000 through Section 5999, inclusive, shall be known as the Special Area Regulations. The purpose of these provisions is to set forth specialized regulations which have limited application within San Diego County and which assure that consideration is provided areas of special interest or unusual value.

The provisions of individual special area regulations shall be in addition to regulations imposed by the Use Regulations, Animal Regulations or Development Regulations. When more than one regulation is applicable to the same subject matter within a zone, the most restrictive regulation shall apply.

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

5015 APPLICATION AND DESIGNATION.

a. Application. A Special Area Regulation shall be deemed applicable when conditions or purposes specified within individual Special Area Regulations are found present within San Diego County and a Special Area Designator is included within a zone.

b. Location of Designator. Designators for Special Area Regulations shall follow the designators for the Development Regulations.

c. Notation. Special Area Regulations applicable within a zone shall be indicated by a letter pursuant to the table at Section 5025.

d. Exemption. The following uses are exempt from Special Area Regulators that require a discretionary review.

• 1. Low Barrier Navigation Centers
• 2. Emergency Shelters
• 3. Supportive Housing Projects
• 4. Housing development projects that require ministerial approval pursuant to state law.

A dash ("-") shall indicate that there are no Special Area Regulations applicable to the property.

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95) (Amended by Ord. No. 10858 (N.S.) adopted 7-19-23)

When Special Area Regulations require the issuance of a Minor Use Permit or a Major Use Permit, such permits shall only be issued when the proposed use satisfies all conditions and requirements of the Special Area Regulations and is found consistent with the intent and purpose of the applicable Special Area Regulations.

5025 LISTINGS OF DESIGNATORS.

The following shall be used as appropriate.

(Amended by Ord. No. 5330 (N.S.) adopted 12-13-78) (Amended by Ord. No. 6186 (N.S.) adopted 11-18-81) (Amended by Ord. No. 6236 (N.S.) adopted 2-17-82) (Amended by Ord. No. 6240 (N.S.) adopted 2-17-82) (Amended by Ord. No. 6743 (N.S.) adopted 1-11-85) (Amended by Ord. No. 7101 (N.S.) adopted 3-12-86) (Amended by Ord. No. 7127 (N.S.) adopted 5-07-86) (Amended by Ord. No. 7630 (N.S.) adopted 5-23-89) (Amended by Ord. No. 8114 (N.S.) adopted 7-29-92) (Amended by Ord. No. 8166 (N.S.) adopted 10-21-92) (Amended by Ord. No. 10162 (N.S.) adopted 8-3-11) (Amended by Ord. No. 10661 (N.S.) adopted 2-26-20)

If a Specific Plan has been adopted for property which is also subject to the S88 Specific Planning Area Use Regulations, any provisions of the Specific Plan relating to subjects contained in the Special Area Regulations in this part shall prevail over The Zoning Ordinance regulations to the extent of any conflict between them.

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

AGRICULTURAL PRESERVE AREA REGULATIONS

5100 TITLE AND PURPOSE.

The provisions of Section 5100 through Section 5149, inclusive, shall be known as the Agricultural Preserve Area Regulations. The purpose of these provisions is to aid in the implementation of the California Land Conservation Act of 1965 (Government Code Sec. 51200 et seq.), intended to encourage the preservation of productive agricultural lands.

An agricultural preserve designator shall be applied to those lands in the County of San Diego which are subject to agricultural use regulations or the S80 Use Regulations and which have been designated as being within an agricultural preserve in accordance with the California Land Conservation Act of 1965.

5105 RESTRICTIONS ON USES.

a. Lands Under Contract. The uses of land subject to a Land Conservation Act contract shall be restricted to those uses as set forth in the contract.

A groundwater extraction operation which is a legal nonconforming use or approved by a major use permit shall be considered as a use authorized by a Land Conservation Contract.

b. Lands Not Under Contract. The uses of land not subject to a Land Conservation Act contract shall be as set forth in the applicable use regulations except that:

1. All uses subject to a Minor Use Permit or a Major Use Permit shall be approved only if a finding is made that the use complies with the provisions of Section 5110.

2. The Postal Services use type and the Parking Services use type are not permitted.

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

No use permit shall be granted unless the following findings are made:

a. State Statute. The proposed use complies with all provisions of the California Land Conservation Act of 1965; and

b. Compatibility with Agricultural Use. The proposed use would not be incompatible with the continued agricultural use of any land within the agricultural preserve. This determination shall include a consideration of the following:

• 1. Possible increase in vandalism;
• 2. Possible damage from pets;
• 3. Possibility that use will lead to restrictions on agricultural spraying, noise or smell; and
• 4. Possible interference with the movement of farm machinery or agricultural products.

5200 TITLE AND PURPOSE.

The provisions of Section 5200 through 5299, inclusive be known as the Scenic Area Regulations. The purpose of these provisions is to regulate development in areas of high scenic value both to assure exclusion of incompatible uses and structures and to preserve and enhance the scenic resources present in adjacent areas. These regulations constitute recognition of important social, recreational, and economic values obtained from preservation and enhancement of the scenic qualities of County areas for the benefit of residents and visitors.

The Scenic Area Regulations shall be applied to areas of unique scenic value including but not limited to scenic highway corridors designated by the San Diego County General Plan, critical viewshed and prime viewshed areas as designated on the Local Coastal Program Land Use Plan, and to areas adjacent to significant recreational, historic or scenic resources, including but not limited to Federal and State parks. Scenic area requirements and permitting relating to the Local Coastal Program Land Use Plan shall be regulated by the Local Coastal Program Implementation Plan.

(Amended by Ord. No. 6743 (N.S.) effective 1-11-85) (Amended by Ord. No. 10697 (N.S.) adopted 11-18-20, effective 03-15-21)

The area having unique scenic value and any adjacent areas having significant recreational, historic or scenic resources shall be known as the designated area for purposes of these regulations.

5204 LIMITATION ON USES.

Notwithstanding the provisions of the applicable use regulations and Enclosure Matrix (Section 6816), all Use Regulations shall comply with the enclosure provisions of the Scenic Area Regulations.

5205 SITE PLAN REQUIRED.

No permit of any type shall be issued for any development, nor shall any outdoor commercial or industrial use be established, in areas subject to the Scenic Area Regulations until a Site Plan has been submitted and approved in accordance with the Site Plan Review Procedure commencing at Section 7150 unless a Site Plan permit exemption is granted pursuant to section 5214. The following projects are exempt from the Site Plan requirements of the Scenic Area Regulations:

a. A one or two family dwelling on a single lot.

b. Attached accessory structures associated with a. above.

c. Detached accessory structures associated with a. above which are both 1,000 square feet or less in area and 12 feet or less in height.

d. Alterations to the interior of a structure which are not visible from the outside provided that there is no change in use.

e. Electrical, gas or other utility improvements where no associated discretionary permits are required, provided that any visible portion of such improvement does not exceed 24 inches in any dimension. The Director may require the applicant to submit an affidavit stating that the proposed utility improvement will not serve a use other than those uses presently occurring legally on the site.

f. Temporary improvements associated with construction activities authorized by building permit. Said improvements shall include, but not be limited to, trailers, fences, and signs which do not require discretionary approval by other applicable sections of The Zoning Ordinance.

g. Temporary special purpose off-premise signs pursuant to Section 6207.

h. Exterior alteration or new construction not otherwise exempt under this section, which is not visible from any street, excluding alleys, within the designated scenic area. Eliminating said visibility through screening techniques such as landscape, walls, fences or grading shall not qualify such exterior alterations or new construction for this exemption. The Director shall determine if a project meets this exemption standard and may require any necessary information including drawings, photographs and/or other graphic exhibits.

i. Small antennas (i.e., satellite earth station receiving antennas or similar antennas for video programming and television signals) exempted by Federal Communications Commission rules from local design review regulations. This exemption applies to antennas that are one meter (39 inches) or less in diameter or diagonal measurement. Such antennas mounted on masts exceeding 12 feet in height are not included in this exemption.

Any decision by the Director to exempt a project pursuant to this section shall be final.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79) (Amended by Ord. No. 6543 (N.S.) adopted 3-2-83) (Amended by Ord. No. 7740 (N.S.) adopted 3-28-90) (Amended by Ord. No. 8236 (N.S.) adopted 5-5-93) (Amended by Ord. No. 8897 (N.S.) adopted 3-18-98) (Amended by Ord. No. 10095 (N.S.) adopted 12-8-10) (Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

The required Site Plan shall include such maps, plans, drawings, and sketches as are necessary to show:

a. View Points. An accurate representation of the development as viewed from at least 3 separated and critical points exterior to the development site and which show the treatment of the scenic resources present on the site as related to those resources which are adjacent to the site. The 3 exterior view points shall be proposed by the developer and approved by the Director prior to the preparation and submission of the Site Plan

This proposal shall include photographs of the development site taken from each of the proposed view points and a map showing the location of these view points with respect to the development site. At his discretion, the Director may require additional view points to be included in the Site Plan;

b. The placement, height and physical characteristics of all existing and proposed buildings and structures located on the development site;

c. The existing vegetation and all proposed landscaping with heights at maturity indicated.

d. The location and dimensions of existing and proposed ingress and egress points, interior road and pedestrian walkways, parking and storage area;

e. The size and location of existing and proposed utilities;

f. The existing and finished topography of the development site, including the existing natural drainage system and its proposed treatment;

g. The number, size, location and design of existing and proposed signs; and

h. The exterior lighting plan, the interior lighting of buildings and structures which will have a visual impact on the exterior appearance of the development.

(Amended by Ord. No. 6743 (N.S.) effective 1-11-85) (Amended by Ord. No. 10697 (N.S.) adopted 11-18-20, effective 03-15-21)

The general criterion of site plan review is that the proposed development shall not, to the maximum extent feasible, interfere with or degrade those visual features, natural or man-made, of the site or adjacent sites which contribute to its scenic attractiveness, as viewed from either the scenic highway or the adjacent scenic, historic, or recreational resource. In addition, consideration shall be given to any scenic preservation goals, policies or recommendations set forth in the applicable Community or Subregional Plan. In applying this general criterion, the following specific criteria shall be evaluated when they are applicable.

a. Building Characteristics. All development shall be compatible with the topography, vegetation and colors of the natural environment and with the scenic, historic and recreational resources of the designated areas.

b. Building and Structure Placement.

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

2. Refer to the Local Coastal Program Implementation Plan for prime viewshed areas designated on the Local Coastal Program Land Use Plan in the California Coastal Zone.

c. Landscaping. The removal of native vegetation, especially timber, shall be minimized and the replacement vegetation and landscaping shall be compatible with the vegetation of the designated area. Landscaping and plantings shall be used to the maximum extent practicable to screen those features listed in subsections "d", "e", and "f" of this section. Landscaping and plantings shall not obstruct significant views, either when installed or when they reach mature growth.

d. Roads, Pedestrian Walkways, Parking and Storage Areas. Any development involving more than one building or structure shall provide common access roads and pedestrian walkways. Parking and outside storage areas shall be screened from view, to the maximum extent feasible, from either the scenic highway or the adjacent scenic, historic, or recreational resource by existing topography, by the placement of buildings and structures, or by landscaping and plantings which harmonize with the natural landscape of the designated area.

e. Above Ground Utilities. Utilities shall be constructed and routed underground except in those situations where natural features prevent undergrounding or where safety considerations necessitate above ground construction and routing. Above ground utilities shall be constructed and routed to minimize detrimental effects on the visual setting of the designated area. Where it is practical, above ground utilities shall be screened from view from either the scenic highway or the adjacent scenic, historic, or recreational resource by existing topography, by the placement of buildings and structures, or by landscaping and plantings which harmonize with the natural landscape of the designated area.

f. Grading. The alteration of the natural topography of the site shall be minimized and shall avoid detrimental effects to the visual setting of the designated area and the existing natural drainage system. Alterations of the natural topography shall be screened from view from either the scenic highway or the adjacent scenic, historic, or recreational resource by landscaping and plantings which harmonize with the natural landscape of the designated area, except when such alterations add variety to or otherwise enhance the visual setting of the designated area.

g. Signs. Off-site signs shall be prohibited in areas subject to the Scenic Area Regulations. The number, size, location, and design of all other signs shall not detract from the visual setting of the designated area or obstruct significant views. Subsequent to the Site Plan review and approval, any alteration to signs other than general maintenance shall be subject to an Administrative Permit.

h. Lighting. The interior and exterior lighting of the buildings and structures and the lighting of signs, roads and parking areas shall be compatible with the lighting employed in the designated area.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79) (Amended by Ord. No. 6743 (N.S.) effective 1-11-85) (Amended by Ord. No. 7935 (N.S.) adopted 6-19-91) (Amended by Ord. No. 10697 (N.S.) adopted 11-18-20, effective 03-15-21)

Any development which was permitted by or conformed to the requirements of the Zoning Ordinance in effect prior to the effective date of this section and which has not been subject to a Site Plan review as provided by the Scenic Area Regulations, shall be considered to be a nonconforming use subject to the provisions of the Nonconforming Use Regulations commencing at Section 6850, until such plan review has been secured and an approval given.

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

An exemption from the requirement to process a Site Plan permit pursuant to this section may be granted by the Director under either of the following circumstances:

a. If it is determined, based upon substantial evidence, that the proposed project is not visible from any areas adjacent to significant recreational, historic or scenic resources, including but not limited to Federal and State parks and if it is determined that the Site Plan review process would not materially contribute to the attainment of the stated purpose or objectives of the Scenic Area Regulations to the subject property, or that all of the purposes and requirements of the Site Plan have been fulfilled by an existing approved discretionary permit. In making a decision on such a Site Plan permit exemption, the Director shall consider the recommendation of the applicable Community Planning Group or Sponsor Group. Site Plan permit exemption requests shall be transmitted by the Director to the Group using a form approved by the Director for that purpose. If no recommendation is received by the Director from the Group within 45 days following the Group's receipt of the request, the Director may make a decision without the Group's recommendation.

b. If all of the purposes and requirements of the Site Plan will be fulfilled by a concurrent discretionary permit which will be reviewed by the applicable Community Planning Group or Sponsor Group.

No building permit or grading permit shall be issued for a project for which the Site Plan permit exemption has been granted except pursuant to plans bearing the Director's stamp granting such exemption. No deviation from aspects of such plans pertinent to the stated purpose or objectives of the Scenic Area Regulations to the subject property shall be permitted without prior recommendation of the appropriate Community Planning or Sponsor Group.

(Added by Ord. No. 10095 (N.S.) adopted 12-8-10) (Amended by Ord. No. 10204 (N.S.) adopted 3-28-12) (Amended by Ord. No. 10697 (N.S.) adopted 11-18-20, effective 03-15-21)

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

5250 TITLE AND PURPOSE.

The provisions of Section 5250 through Section 5270, inclusive, shall be known as the Airport Land Use Compatibility Plan Area Regulations. The purpose of these provisions is to regulate land uses within portions of the unincorporated territory of the County of San Diego located in Airport Influence Areas (AIAs) surrounding airports for which the San Diego County Regional Airport Authority (Authority) has adopted Airport Land Use Compatibility Plans (ALUCP or ALUCPs).

(Added by Ord. No. 10162 (N.S.) adopted 8-3-11) (Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

The Airport Land Use Compatibility Plan Area Regulations shall be applied to properties located in unincorporated County territory with AIAs set forth in the ALUCPs adopted for the following airports: Agua Caliente Airport, Borrego Valley Airport, Brown Field, Fallbrook Community Airpark, Gillespie Field, Jacumba Airport, Montgomery Field, Oceanside Municipal Airport, Ocotillo Airport, McClellan- Palomar Airport, MCAS-Miramar, MCAS-Pendleton, Ramona Airport and San Diego International Airport.

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

ALUCPs provide compatibility policies and criteria applicable to properties located within AIAs. New development, redevelopment, expansions, conversions and other uses of land located within the AIA of an adopted ALUCP for which County approval or permit are required shall be reviewed against the established criteria and policies of the ALUCP. Unless the property is already devoted to the proposed incompatible use or the ALUCP is overridden by the County in a manner which renders the use compatible with the ALUCP, the proposal, must comply with the established policies and criteria of the applicable ALUCP. ALUCPs are available at the Department of Planning and Development Services and from the Authority.

(Added by Ord. No. 10162 (N.S.) adopted 8-3-11) (Amended by Ord. No. 10222 (N.S.) adopted 9-25-12. Opr. 11-26-12)

Land use actions within the scope of California Public Utilities Code (PUC) Sections 21661.5, 21664.4, 21676(c), 21675.1 and 21676.5 or any successor or supplementing statutes thereto must be submitted to the Authority. The PUC currently requires Authority review for the following actions:

(i) adoption or amendments to general and specific plans;

(ii) adoption or amendment of zoning, building, and other land use ordinances and regulations within the AIA;

(iii) adoption and amendment of Airport Master Plans;

(iv) construction plans for new airports;

(v) any airport expansion plans (including the construction of a new runway, the extension or realignment of an existing runway, and the acquisition of Runway Protection Zones);

(vi) all actions, regulations and permits when the Authority has not adopted an ALUCP for an airport; and

(vii) all actions, regulations and permits when a local agency has not modified a general or specific plan to bring it into conformance with an adopted ALUCP or overruled the Authority in the manner required by PUC Section 21676.5.

The County may, in its discretion, require submittal of projects to the Authority for review when review is not required by the PUC.

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

All owners of properties within an Airport Overflight Notification Area, as shown on an adopted ALUCP, shall record an Overflight Agreement prior to issuance of a building permit for any new residential development, including new single-family dwellings, duplexes, multi-family dwellings and second dwelling units. Note: not all properties within an Airport Influence Area (AIA) are within an Airport Overflight Notification Area.

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

The County consistent with the PUC may overrule land use policies and criteria in the adopted ALUCPs that would otherwise be applicable to unincorporated territory over which the County retains land use authority by taking the following steps:

(i) holding a public hearing;

(ii) making specific findings that the proposed action is consistent with the requirements of the State Aeronautics Act, PUC Section 21670, et seq; and

(iii) approval of the proposed action by a two-thirds vote of the County Board of Supervisors. (See, for example, PCC Section 21676 and 21676.5.)

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

Land devoted to an incompatible use prior to approval of an ALUCP may be used in accordance with this pre-existing use even if inconsistent with the ALUCP. To ascertain whether or not an incompatible use was established prior to the adoption of an ALUCP requires a careful review of the status of development entitlements, the scope and nature of development or redevelopment, and Authority policies which may be applicable to infill, reconstruction and other activities that may be deemed an existing incompatible use. Incompatible use determinations are fact sensitive and will be made on a case by case basis by the Director, Department of Planning and Development Services, with input from the Authority when required.

(Added by Ord. No. 10162 (N.S.) adopted 8-3-11) (Amended by Ord. No. 10222 (N.S.) adopted 9-25-12. Opr. 11-26-12)

5300 TITLE AND PURPOSE

The provisions of Sections 5300 through 5349, inclusive, shall be known as the Sensitive Resource Area Regulations. The purpose of these provisions is to increase the protection and preservation of the County's unique topography, ecosystems, and natural beauty, diversity, and environmentally sensitive lands and natural resources, including wetlands, floodplains, prehistoric and historic sites and sensitive habitat lands.

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

The Sensitive Resource Area designator shall be applied based upon the presence of one or more of the following resources on the property: wetlands, wetland buffers, floodplains, significant habitat lands, and prehistoric and historic sites. The Sensitive Resource Area Designator shall also be applied to steep slope areas when at least one of the following criteria are met: 1) at least one of the resources in the preceding paragraph is also present on the site; or 2) it is required as a condition of a discretionary permit approval.

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

On property subject to the Sensitive Resource Area Regulations, a site plan shall be required for the following activities, unless expressly exempted by Section 5303:

a. The erection, construction, conversion, establishment, alteration, enlargement, or demolition of any building, improvement or portion thereof;

b. Excavation or grading of, or deposit of soil or other material upon, any lot or premises; or

c. Clearing and grubbing of any natural vegetation.

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

The following uses and activities are exempt from the Sensitive Resource Area Regulations:

a. Minor building permits, such as any of the following:

• 1. Demolition (except for a significant prehistoric or historic site);
• 2. Reinspection;
• 3. Plan changes, provided no increase in parking or floor area is involved;
• 4. Additions or alterations of not more than 1,000 square feet;
• 5. Accessory buildings of not more than 1,000 square feet;

6. Replacement of existing structures, provided no increase in parking is involved and no more than a 1,000 square foot increase in floor area is involved;

• 7. Interior remodels;
• 8. Residential garage conversions;
• 9. Fences and free standing walls;
• 10. Patios, patio covers, decks, balconies and stairs;
• 11. Electrical, plumbing, gas and mechanical permits;
• 12. Other minor permits as authorized by the Director.

b. Clearing for fire protection purposes within 100 feet of a dwelling unit and other permitted structures. Any additional clearing for fire prevention, control or suppression purposes is exempt when required in writing by a fire prevention or suppression agency. This exception does not apply in riparian habitats.

c. Limited clearing as necessary for the purpose of surveying, geotechnical exploration and access of percolation tests and wells.

d. Clearing and minor grading which does not require a grading permit, either or which conforms to the location, extent and purpose expressly authorized by an approved plan accompanying a discretionary development permit.

e. Limited clearing to provide access to property to perform activities that are listed in b through d above.

f. Any essential public facility or project, or community recreational facility, which includes public use, when the authority considering an application listed at Article III, Section 1 above makes the following findings:

1. The facility or project is consistent with adopted community or subregional plans;

2. All possible mitigation measures have been incorporated into the facility or project, and there are no feasible, less environmentally damaging, location, alignment or non-structural alternatives that would meet project objectives;

3. Where the facility or project encroaches into a wetland or floodplain, mitigation measures are required that result in any net gain in wetland and/or riparian habitat;

4. Where the facility or project encroaches into steep slopes, native vegetation will be used to revegetate and landscape cut and fill areas; and

5. No mature riparian woodland is destroyed or reduced in size.

g. Any project for which a final subdivision map has been recorded or a major use permit has been approved where such map or permit bears the certification that all requirements of the Resource Protection Ordinance have been met.

h. Any project for which the Director has determined in writing that it can be seen with certainty that no environmentally sensitive lands exist on the property.

i. Any ongoing, existing agricultural operations, such as cultivation, growing and harvesting of crops and animals performed on the site. Land left fallow for up to three years shall be considered to be existing agricultural operations.

j. Any project for which the Board of Supervisors has determined that application of these special area regulations would result in the applicant being deprived of all reasonable economic use of property in violation of federal or state constitutional prohibitions against the taking of property without just compensation.

(Added by Ord. No. 7630 (N.S.) adopted 05-23-89) (Amended by Ord. No. 10095 (N.S.) adopted 12-8-10) (Amended by Ord. No. 10222 (N.S.) adopted 9-25-12. Opr. 11-26-12)

The Site Plan shall include such maps, plans, drawings and sketches as are necessary to show:

a. The placement and size of all existing and proposed buildings and structures located on the development site;

b. The dimensions of the following: exterior boundary, structures, setbacks of structures to property lines and between structures, parking areas and driveways;

c. The existing vegetation to be removed or retained and all proposed landscaping. Any existing non-agricultural trees with trunk dimensions of six inches (6") or greater shall be shown, and those that are proposed to be removed shall be labeled;

d. The location and dimensions of existing and proposed ingress and egress points, interior road and pedestrian walkways, parking and storage areas, contiguous streets and all easements;

e. The location of the 100 year floodplain as shown on both Department of Public Works 100 year Floodplain Maps and FEMA Flood Insurance Rate Maps;

f. The location of any natural drainage (including intermittent streams) and any proposed drainage systems;

g. All preliminary grading, including incidental grading related to site preparation; and

h. The slope categories for the entire property in acres, based on a slope analysis prepared pursuant to Section 5305.

(Added by Ord. No. 7630 (N.S.) adopted 05-23-89) (Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

A slope analysis shall be required for each application for a Site Plan. This analysis shall be completed by a qualified person such as a registered or licensed architect, landscape architect, engineering geologist, land surveyor, or civil engineer based upon a topographic map using ten foot contour intervals or less. The slope analysis shall show the slope categories for the entire property in acres, using the following categories:

(a) less than 15% slope

(b) 15% and greater up to 25% slope

(c) 25% and greater up to 50% slope

(d) 50% and greater slope

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

Prior to the approval of the Site Plan, the following findings shall be made:

a. The site is physically suitable for the design and siting of the proposed development.

b. The proposed development will result in minimum disturbance of environmentally sensitive lands.

c. The proposed development conforms to the requirements contained in Section 5307.

d. The proposed development is in conformance with the General Plan.

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

In addition to any applicable use regulations, development standards and review criteria contained in The Zoning Ordinance or other County ordinances, the following regulations shall apply to development subject to the Sensitive Resource Area Regulations:

a. Wetlands.

1. Uses in wetlands shall be restricted to the following uses, not involving grading, filling, construction or placement of structures:

i. Aquaculture, provided that it does not harm the natural ecosystem.

ii. Scientific research, educational or recreational uses provided that they do not harm the natural ecosystem.

iii. Wetland restoration projects where the primary function is restoration of the habitat.

2. Wetland Buffer:

A buffer area of an appropriate size to protect the environmental and habitat values of the wetland shall be maintained around all identified wetland areas. Maps and supplemental information submitted as part of the application shall be used to determine the specific boundaries of the wetland and buffer. The California Department of Fish and Game and the United States Fish and Wildlife Service shall be consulted in such buffer determinations.

In the wetland buffer areas, permitted uses shall be limited to:

i. Access paths.

ii. Other improvements necessary to protect adjacent wetlands.

iii. All uses permitted in wetland areas.

b. Floodway. The development of permanent structures for human habitation or as a place of work shall not be permitted in a floodway.

1. In the floodway, permitted uses shall be limited to:

i. Agricultural, recreational, and other such low intensity uses provided, however, that no use shall be permitted which will substantially harm the environmental values of a particular floodway area; and

ii. Mineral extraction subject to an approved major use permit and reclamation plan, provided that mitigation measures were required which produce any net gain in functional wetlands and riparian habitat, and that the reclamation plan restores the site to its natural state, which would not create any increase in flood depths or velocities or changes in the boundary from those of the floodway prior to the mineral extraction.

2. Modifications to the floodway must meet all of the following criteria:

i. Concrete or rip-rap flood control channels are allowed only where findings are made that completion of the channel is necessary to protect existing buildings from a current flooding problem. Buildings constructed after enactment of this ordinance shall not be the basis for permitting such channels.

ii. Modification will not unduly accelerate the velocity of water so as to create a condition which would increase erosion (and related downstream sedimentation) or would be detrimental to the health and safety of persons or property or adversely affect wetlands or riparian habitat.

iii. In high velocity streams where it is necessary to protect existing houses or other structures, minimize stream scour, or avoid increase in the transport of stream sediment to downstream wetlands and other environmentally sensitive habitat areas, grade control structures and other erosion control techniques, including the use of rip-rap, that are designed to be compatible with the environmental setting of the river may be permitted.

c. Floodplain Fringe. All uses permitted by zoning and those that are allowable in the floodway are allowed in the floodplain fringe. Prior to granting a site plan required by this section for development, including permanent structures, grading, fill, deposit of soil or other material, or removal of natural vegetation within a 100-year floodplain fringe, all of the following criteria shall be met:

1. Fill shall be limited to that necessary to elevate the structure above the elevation of the floodway and to permit minimal functional use of the structure (e.g., fill for access ramps and drainage). If fill is placed in the floodplain fringe, the new bank of the creek shall be landscaped to blend with the natural vegetation of the stream and enhance the natural edge of the stream.

2. Any development below the elevation of the 100-year flood shall be capable of withstanding periodic flooding.

3. The design of the development incorporates the findings and recommendations of a site-specific hydrologic study to assure that the development (a) will not cause significant adverse water quality impacts related to quality or quantity of flow or increase in peak flow to downstream wetlands, lagoons and other sensitive habitat lands; and (b) neither significantly increases nor contributes to downstream bank erosion and sedimentation of wetlands, lagoons, or other sensitive habitat lands.

4. The proposed development shall be set back from the floodway boundary a distance equal to 15 percent of the floodway width (but not to exceed 100 feet) in order to leave an appropriate buffer area adjacent to the floodway. The setback may be greater if required by Paragraph 5.

Following review of a site-specific flood analysis, the floodplain setback required by this paragraph may be reduced by the Director of Planning and Development Services or the applicable hearing body, upon making all of the following findings:

i. Practical difficulties, unnecessary hardship, or results inconsistent with the general purposes of this Ordinance would result from application of the setback; and

ii. The reduction in setback will not increase flood-flows, siltation and/or erosion, or reduce long term protection of the floodway, to a greater extent than if the required setback were maintained; and

iii. The reduction in setback will not have the effect of granting a special privilege not shared by other property in the same vicinity; and

iv. The reduction in setback will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvement in the vicinity in which the property is located; and

v. The reduction in setback will not be incompatible with the San Diego County General Plan.

5. In areas where the Director of Public Works has determined that the potential for erosion or sedimentation in the floodplain is significant, all proposed development shall be set back from the floodway so that it is outside the Erosion/Sedimentation Hazard Area shown on County Floodplain Maps. Development will be allowed in the Erosion/Sedimentation Hazard Area only when the Director of Public Works approves a special study demonstrating that adequate protection can be achieved in a manner that is compatible with the natural characteristics of the river.

6. Where appropriate, flowage and/or open space easements shall be used to ensure future development will not occur in the floodplain.

7. If the subject floodplain fringe land also constitutes wetlands, wetland buffer areas, sensitive habitat lands or significant prehistoric or historic site lands, the use restrictions herein applicable to such areas shall also apply.

d. Steep Slope Lands. No development, grading, excavation, or deposit of soil or other material, on Steep Slope Lands shall be permitted except as follows:

1. Project Design and Open Space to Protect Steep Slopes. In designing lot configuration on steep slope lands in all land use designations, parcels shall be created in a manner which minimizes encroachment onto steep slopes. Where 10 percent or more of a lot contains steep slope lands, that portion of the lot containing such lands shall be placed in an open space easement, unless the lot is equal to or greater than 40 acres.

The open space easement shall not include any area of encroachment within the limits of the encroachment table at subparagraph (i) below. The terms of the open space easement shall provide for sufficient encroachments necessary for access, clearing, and all exceptions to the encroachment limitations identified at subparagraph (ii) below. New agricultural operations with approved grading or clearing permits will also be allowed in such open space easements, provided any other type of sensitive lands present are protected as required by the applicable sections of this Ordinance.

i. For all types of projects the maximum encroachment that may be permitted into steep slope areas shall be as set forth in the following table. This encroachment may be further reduced due to environmental concerns or other design criteria.

Twenty-five Percent Slope Encroachment Allowance

ii. Notwithstanding the provisions of paragraph (i) above, the following types of development shall be allowed on steep slopes and shall not be subject to the encroachment limitations set forth above:

a) All public roads identified in the Mobility Element of the County General Plan or adopted Community or Subregional Plans, provided that findings are made by the hearing body approving the application that no less environmentally damaging alternative alignment or non-structural alternative measure exists.

b) Local public streets or private roads and driveways which are necessary for access to the portion of the site to be developed on slopes of less than twenty-five percent, provided no less environmentally damaging alternative exists. The determination of whether or not a proposed road or driveway qualifies for an exemption, in whole or in part, shall be made by the Director of Planning and Development Services based upon an analysis of the project site.

c) Public utility systems, provided that findings are made that the least environmentally damaging alignment has been selected.

d) Areas with native vegetation, which are cleared or trimmed to protect existing or proposed structures in potential danger from fire, provided that the area of such clearance is the minimum necessary to comply with applicable fire codes or orders of fire safety officials and that such slopes retain their native root stock or are replanted with native vegetation having a low fuel content, and provided further that the natural landform is not reconfigured.

e) Trails for passive recreational use according to approved park plans.

f) A minimum disturbed area of (i) twenty percent of the entire lot, or (ii) sufficient area to accommodate 3,000 square feet of building footprint (whichever is greater) shall be permitted to provide for reasonable use of existing lots.

g) Any ongoing existing agricultural operation, such as the cultivation, growing and harvesting of crops and animals. Land left fallow for up to three years shall be considered to be existing agricultural operations.

2. Waiver of Open Space Easement. The steep slope open space easement requirement may be waived when the authority considering the site plan application makes the following findings:

i. The slope is an insignificant visual feature and isolated from other land forms, or surrounding properties have been developed on steep slopes such that this project would be considered "infill;" and

ii. The property is zoned for .5 acre lots or smaller at the time the application was made, or a concurrent rezone has been filed; and

iii. The greater encroachment is consistent with the goals and objectives of the applicable community plan.

iv. Site Plan review is required, to ensure consistency of design with these regulations.

e. Sensitive Habitat Lands. Development, grading, grubbing, clearing or any other activity or use damaging to sensitive habitat lands shall be prohibited. The Board of Supervisors may allow development when all feasible measures necessary to protect and preserve the sensitive habitat lands are required as a condition of permit approval and where mitigation provides an equal or greater benefit to the affected species.

f. Significant Prehistoric and Historic Sites. Development, trenching, grading, clearing and grubbing, or any other activity or use damaging to significant prehistoric or historic site lands shall be prohibited except for scientific investigations with an approved research design prepared by an archaeologist certified by the Society of Professional Archaeologists.

(Added by Ord. No. 7630 (N.S.) adopted 05-23-89) (Amended by Ord. No. 7967 (N.S.) adopted 9-11-91) (Amended by Ord. No. 10162 (N.S.) adopted 8-3-11) (Amended by Ord. No. 10204 (N.S.) adopted 3-28-12) (Amended by Ord. No. 10222 (N.S.) adopted 9-25-12. Opr. 11-26-12)

5400 TITLE AND PURPOSE.

The provisions of Section 5400 through Section 5449, inclusive, shall be known as the Fault Displacement Area Regulations. The purpose of these provisions is to regulate new development in areas subject to potential loss of life and property from earthquake fault displacement in order to mitigate such losses.

5402 APPLICATION OF FAULT DISPLACEMENT AREA REGULATIONS.

The Fault Displacement Area Regulations shall be applied to all those properties within San Diego County which are located within the special studies zones defined by State Geologist pursuant to the Alquist-Priolo Special Studies Zone Act. These regulations may be additionally applied to all those properties for which application is recommended by the Regional Seismic Safety Committee and approved by the Board of Supervisors.

Development for the following uses is prohibited in areas subject to the Fault Displacement Area Regulations:

a. Uses Containing Structures With a Capacity of 300 Persons or More. Any use having the capacity to house, serve, entertain or otherwise accommodate 300 or more persons at any one time.

b. Uses With the Potential to Severely Damage the Environment or Cause Major Loss of Life. Any use having the potential to severely damage the environment or cause major loss of life if destroyed, such as dams, reservoirs, petroleum storage facilities, and electrical power plants powered by nuclear reactors.

c. Specific Civic Uses. Police and fire stations, schools, hospitals, rest homes, nursing homes, and emergency communication facilities.

Development for uses other than those listed in Section 5404 shall be permitted in areas subject to the Fault Displacement Area Regulations, subject to the provisions of this section.

a. Major Use Permit. No permit of any type shall be issued for the construction or alteration of any building or structure, nor shall any person construct or alter a building or structure for which a permit is required unless pursuant to a major use permit approved in accordance with the Use Permit Procedure commencing at Section 7350.

b. Geologic Report Required. In addition to the documents required by Section 7354.b, the application for a use permit shall include a soil and geologic report prepared by a registered soils engineer and registered geologist certified in engineering geology.

1. The soils and geologic report shall be directed to determining the presence or absence of an active known fault on the development site and to determine appropriate structural design recommendations. Sub-surface exploration shall be required if a lack of distinguishable fault features in the vicinity prevents the geologist from determining by a site examination, review of available aerial photographs, or by other means that the fault trace does or does not underlie or exist within 50 feet of any structures proposed for the development site.

2. A more detailed and extensive investigation and report by the geologist may be required (as evidence to the absence of a known active fault trace) for applications proposing development of Group A, E, I, H, and R-1 occupancies, and B occupancies over one story in height (such occupancies as set forth in the Uniform Building Code).

3. The geologic report may be waived, with the approval of the State Geologist, if the County determines that no active known fault exists on the development site or, in the case of applications for developments containing a maximum of 2 dwelling units, that sufficient information regarding the site is available from previous reports filed concerning the same development area.

c. Construction Limitations. No building or structure to be used for human occupancy shall be constructed over or within 50 feet of the trace of an active known fault. For the purpose of these regulations, a building or structure to be used for human occupancy is one that is regularly, habitually, or primarily occupied by humans. Buildings and structures shall be designed to resist the earthquake forces prescribed by the Uniform Building Code and to incorporate the design recommendations contained in the soils and geologic report required by subsection "b" of this section.

d. Exceptions to this Section. The provisions of this section shall not apply to:

1. Buildings and structures not intended or used for human occupancy.

2. Alterations or repairs to an existing structure provided that the aggregate value of the work performed does not exceed 50 percent of the value of the existing structure and does not adversely affect the structural integrity of the existing structure.

3. A single-family wood frame dwelling not exceeding 2 stories in height which is built or located as part of a development of less than 4 such dwellings.

4. A mobilehome whose body width exceeds 8 feet.

5. Swimming pools, decorative walls, fences, and minor work of a similar nature.

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

5450 TITLE AND PURPOSE.

The provisions of Section 5450 through Section 5499, inclusive, shall be known as the Flood Channel Area Regulations. The purpose of these provisions is to protect the public health, safety and welfare by restricting the construction of buildings and structures within areas as set forth in Section 5452 until such time as adequate flood protection or control works or facilities are constructed to protect persons and property.

5452 APPLICATION OF FLOOD CHANNEL DESIGNATOR.

A flood channel designator shall be applied to those properties within San Diego County which are subject to inundation under 100-year frequency flood conditions. A determination of such flood conditions shall be reached by the Board of Supervisors after considering available reports of the Federal Government, appropriate State and County agencies and consultants. These regulations shall be applied only to watercourses, or portions thereof, for which the Board of Supervisors has, by resolution adopted after a public hearing, approved a plan for channelizing the watercourse or portion thereof by the construction of a flood control structure of facility, or because of existing construction and development, it has been determined by the Board of Supervisors that channelization is appropriate.

If the Director of Public Works determines, based on written certification from a registered civil engineer, that a parcel is no longer subject to inundation due to the construction of flood control structures or facilities in accordance with Section 5462 and any adopted flood control plan, the Director of Public works shall waive the application of Sections 5464 through 5472 as to that parcel.

(Amended by Ord. No. 9246 (N.S.) adopted 8-9-00)

5456 USES PERMITTED.

The following uses are permitted in areas subject to the Flood Channel Area Regulations:

a. Uses permitted by the Use Regulations.

b. Any irrigation structure; and

c. Flood control structures and facilities subject to the provisions of Section 5462.

In any case of conflict between the provisions of the Flood Channel Area Regulations and the provisions of the Nonconforming Use Regulations, the provisions of the Flood Channel Area Regulations shall apply.

5460 BUILDING AND STRUCTURES SUBJECT TO COUNTY CODE.

No building or structure shall be placed, erected or constructed within the area subject to the Flood Channel Area Regulations except in accordance with such regulations, all provisions of the San Diego County Code, including but not limited to the provisions of the Building Code (Chapter 1 of Title 5 of the San Diego County Code) applicable to areas subject to inundation, and Division 8 of Title 8 of the San Diego County Code applicable to drainage and watercourses.

All flood control structures and facilities are subject to the following conditions:

a. Adopted Plan. Concrete flood control channels shall be constructed only in accordance with a plan adopted by the Board of Supervisors.

b. Construction Without Adopted Plan. If a plan for channelizing a watercourse has not been adopted, earth, sack cement, rip rap or similar flood control structures or facilities shall include plans satisfactory to the Director of Public Works, to connect to future compatible flood control structures or facilities upstream and downstream.

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

Repair, reconstruction or improvement to any existing building or structure within the floodway is permitted, provided such repair, reconstruction or improvement is not substantial improvement and would not result in any increase in flood levels during the occurrence of a 100-year flood.

5466 STRUCTURES FOR HUMAN HABITATION OR EMPLOYMENT.

Except as provided in Section 5464, no building or structure designed or used for human habitation, or as a place of work, or by the public shall be constructed, erected, placed or maintained in a floodway.

Except as provided in Section 5464, no building or structure may be placed, erected, constructed or expanded in a floodway unless the facility is not designed or used for human habitation or as a place of work or by the public and unless the Director of the Department of Public Works determines such building or structure will not adversely affect or unduly hinder, restrict or alter the water- carrying capacity of the floodway and will not result in any increase in flood levels during the occurrence of a 100-year flood.

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

The restrictions of Section 5466 and Section 5468 shall not preclude the Director from authorizing the construction, erection or placement and maintenance of a temporary structure within the floodway during the period from the beginning of May to the end of October.

(Amended by Ord. No. 7935 (N.S.) adopted 6-19-91)

5472 STORAGE OF MATERIALS IN FLOODWAY.

With the exception of parking operating motor vehicles incidental to residential or business use or except as may be specifically authorized by a use permit issued in accordance with the provisions of this ordinance, no materials, vehicles or equipment shall be stored within the floodway and outside of a building, except those materials that will not create a hazard to the health or safety of person or property in the event the storage area is inundated.

5500 TITLE AND PURPOSE.

The provisions of Section 5500 through Section 5549, inclusive, shall be known as the Flood Plain Area Regulations. The purpose of these provisions is to protect the public health, safety and welfare and reduce the financial burden on the County and its inhabitants and property owners by eliminating or reducing the need for the construction of flood control channels, dikes, dams and other flood control improvements that would be required if scattered and unplanned development is permitted to occur.

A flood plain designator shall be applied to properties within San Diego County not planned for channelization which are subject to inundation under 100-year frequency flood conditions. A determination of such flood conditions shall be reached by the Board of Supervisors after consideration of reports available from the Federal Government, appropriate State and County agencies, and consultants.

5504 REMOVAL OF FLOOD PLAIN DESIGNATOR.

Pursuant to a public hearing initiated by the County, the flood plain designator shall be removed from any property no longer subject to inundation as a result of grading, landscaping, clearing or the construction of flood control structures or facilities in accordance with the provisions of Section 5512. The floodway will be adjusted in accordance with any changes therein resulting from such construction.

In addition to the uses permitted by the Use Regulations, any irrigation structure is permitted.

5508 RELATIONSHIP TO NONCONFORMING USE REGULATIONS.

In any case of conflict between the provisions of the Flood Plain Area Regulations and the provisions of the Nonconforming Use Regulations, the provisions of the Flood Plain Area Regulations shall apply.

5510 BUILDINGS AND STRUCTURES SUBJECT TO COUNTY CODE.

No building or structure shall be placed, erected, constructed, altered or enlarged within the area subject to the Flood Plain Area Regulations except in accordance with such regulations, with provisions of the San Diego County Code including but not limited to the Building Code (Chapter 1 of Title 5 of the San Diego County Code) applicable to areas subject to inundation, and Division 8 of Title 8 of San Diego County Code applicable to drainage and watercourses.

No drainage or flood control channel or facility shall be placed, erected, constructed, reconstructed, altered or enlarged, provided, however, existing flood control structures or facilities may be repaired and maintained; and the following facilities may be placed, erected, constructed, reconstructed, altered or enlarged if such a facility would not unduly accelerate or increase the flow of water so as to create a condition which would be detrimental to the health or safety of persons or property.

a. Flood Control Channels and Levees. Natural grass-lined or similarly vegetated flood control channels.

b. Dams and Reservoirs. Dams and reservoirs designed primarily for water conservation, recreation, or debris control.

c. Erosion Control Works. Erosion control incidental to agricultural land use and natural resource extraction operations.

d. Ground Water Replacement Works. Ground water replenishment works, such as, but not limited to diversion dams, percolation beds, spreading grounds and injection wells.

e. Other Structures or Facilities. Any similar drainage or flood control structure or facility which the Director of the Department of Public Works determines would not unduly accelerate or increase the flow of water so as to create a condition which would be detrimental to the health or safety of persons or property.

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

Repair, reconstruction or improvement to any existing building or structure within the floodway is permitted, provided such repair, reconstruction or improvement is not a substantial improvement and would not result in any increase in flood levels during the occurrence of a 100-year flood.

5516 STRUCTURES FOR HUMAN HABITATION OR EMPLOYMENT.

Except as provided in Section 5514, no permanent building or structure designed or used for human habitation or as a place of work or by the public shall be constructed, erected, or placed in a floodway.

Except as provided in Section 5514, no building or structure shall be placed, erected, constructed or expanded in a floodway unless the facility is not designed to be used by human habitation or as a place of work or by the public and unless the Director of the Department of Public Works determines such buildings or structures will not adversely affect or unduly hinder, restrict or alter the water- carrying capacity of the floodway and will not result in any increase in flood levels during the occurrence of a 100-year flood.

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

The restrictions of Section 5516 and Section 5518 shall not preclude the Director from authorizing the construction, erection or placement and maintenance of a temporary structure within the floodway during the period from the beginning of May to the end of October.

5522 STORAGE OF MATERIALS IN FLOODWAY.

With the exception of parking operable motor vehicles incidental to existing residential uses except as may be specifically authorized by a use permit issued in accordance with the provisions of this ordinance, no materials, vehicles or equipment shall be stored within the floodway.

5700 TITLE AND PURPOSE.

The provisions of Section 5700 through Section 5749, inclusive, shall be known as the Historic/Archaeological Landmark and District Area Regulations. The purpose of these provisions is to identify, preserve and protect the historic, cultural, archaeological and/or architectural resource values of designated landmarks and districts and encourage compatible uses and architectural design. To that end, the Board of Supervisors has appointed the San Diego County Historic Site Board for the purpose of advising the Director on historical/archaeological matters.

In addition, in certain specific historic districts, it is intended that resource values be protected through the use of specific design review criteria reviewed by a specific historic district review board appointed by the Board of Supervisors.

(Amended by Ord. No. 5330 (N.S.) adopted 12-13-78) (Amended by Ord. No. 7101 (N.S.) adopted 3-12-86) (Amended by Ord. No. 8114 (N.S.) adopted 7-29-92)

A historic/archaeological area designator shall be applied to properties or portions thereof in accordance with the stated purpose of the Historic/Archaeological Landmark and District Area Regulations at Section 5700. Designated areas indicated by the Historic/Archaeological Landmark or District (H) and the Specific Historic District (J) special area designators shall be subject to the regulations of Section 5700 through 5747, inclusive. Designated areas indicated by the Specific Historic District (J) area designator shall also be subject to the regulations applicable to the particular district as specified in Section 5749.

(Renumbered and amended by Ord. No. 5330 (N.S.) adopted 12-13-78. Formerly 5702) (Amended by Ord. No. 7101 (N.S.) adopted 3-12-86) (Amended by Ord. No. 8114 (N.S.) adopted 7-29-92)

Areas having historic, cultural, archaeological and/or architectural resource value that have been identified by the application of a historic/archaeological area designator, shall be known as designated historic and/or archaeological landmarks or districts for purposes of these regulations. Historic and/or Archaeological Landmarks and Districts shall be designated pursuant to the procedures found in Section 7550 of this Ordinance. Historic designators may be removed upon the making of findings found in Section 7586 of this Ordinance.

(Renumbered and amended by Ord. No. 5330 (N.S.) adopted 12-13-78. Formerly 5705) (Amended by Ord. No. 7101 (N.S.) adopted 3-12-86) (Amended by Ord. No. 8114 (N.S.) adopted 7-29-92) (Amended by Ord. No. 9702 (N.S.) adopted 10-31-01)

a. Archaeological Landmarks or Districts. No salvage mitigation, undergrounding of utilities, trench excavation, grading, clearing, grubbing, removal of archaeological features or artifacts, or any other activity or use potentially damaging to a designated Archaeological Landmark or District protected under this Ordinance shall be permitted, except by site plan review pursuant to Section 5709(c.) and/or 5710.

b. Historic Landmarks or Districts. No construction or alteration of any building or structure, grading, removal of historic features or artifacts, or any other activity or use potentially damaging to a designated Historic Landmark or District protected under this Ordinance shall be permitted, except by site plan review pursuant to Section 5709(a. or b.) and/or 5710.

Defacement, vandalism, or unauthorized disturbance of any designated Landmark or District is prohibited.

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

a. Designated Historic District. No permit of any type shall be issued for the construction or alteration of any building or structure, or movement of earth nor shall any person construct or alter a building or structure in areas subject to these regulations until a site plan which conforms to the criteria established pursuant to these regulations has been submitted and approved in accordance with the Site Plan Review Procedure commencing at Section 7150.

b. Designated Historic Landmarks. No permit of any type shall be issued for any alteration to, or construction or earth movement on a parcel containing a designated historic landmark nor shall any person alter, or do any construction on a parcel containing a designated historic landmark until a site plan which conforms to the criteria and procedures established pursuant to these regulations has been submitted and approved in accordance with the Site Plan Review Procedure commencing at Section 7150.

c. Designated Archaeological Landmarks or Districts. No permit of any type shall be issued for the construction or alteration of any building or structure, or movement of earth, nor shall any activities described in Section 5708 occur, in areas designated as Archaeological Landmarks or Districts until a site plan which conforms to the criteria established pursuant to these regulations has been submitted and approved in accordance with the Site Plan Review Procedure commencing at Section 7150.

d. The following projects are exempt from the Site Plan requirements of the Historic/Archaeological Landmark and District Area Regulations:

1. Alterations to the interior of a structure which the Director finds do not degrade or distract from the historic, cultural, or architectural resource values which qualify the site as a designated landmark or district.

2. Electrical, gas or other utility improvements where no associated discretionary permits are required, provided that any visible portion of such improvement does not exceed 24 inches in any dimension, except that no excavation shall be exempted on sites designated with the Historic/Archaeological Landmark and District Area Regulations for archaeological resource values. The Director may require the applicant to submit an affidavit stating that the proposed utility improvement will not serve a use other than those uses presently occurring legally on the site.

3. Temporary improvements associated with construction activities authorized by building permit. Said improvements shall include, but not be limited to, trailers, fences, and signs which do not require discretionary approval by other applicable sections of The Zoning Ordinance.

Any decision by the Director to exempt a project pursuant to this section shall be final.

(Renumbered and amended by Ord. No. 5330 (N.S.) adopted 12-13-78. Formerly 5710) (Amended by Ord. No. 7101 (N.S.) adopted 3-12-86) (Amended by Ord. No. 8114 (N.S.) adopted 7-29-92) (Amended by Ord. No. 8236 (N.S.) adopted 5-5-93)

An exemption from the requirement to process a Site Plan permit pursuant to Sections 5709, 5721 or 5724 may be granted by the Director under either of the following circumstances:

a. If it is determined that the nature of the proposed project is such that subjecting it to the Site Plan review process would not materially contribute to district or landmark preservation objectives. In making a decision on such a Site Plan permit exemption due consideration shall be given to the recommendation of the applicable Historic District Review Board or the San Diego County Historic Site Board or both, as is specified in Section 5745. Such recommendation shall be in writing, signed by the Chairperson of said Advisory Board, and shall be accompanied by a copy of the project plans upon which the recommendation was based. Site Plan permit exemption requests shall be transmitted by the applicant to the Advisory Board using a form approved by the Director for that purpose. If no recommendation is received by the Director from the Advisory Board within 45 days following the Advisory Board's receipt of the request, the Director may make a decision without the Advisory Board's recommendation.

b. If all of the purposes and requirements of the Site Plan have been or will be fulfilled by another required discretionary permit which has been or will be reviewed by the Historic Site Board or other applicable Historic District Board.

No building, grading or clearing permit shall be issued for a project for which the Site Plan permit exemption has been granted except pursuant to plans bearing the Director's stamp granting such exemption. No deviation from aspects of such plans pertinent to historic and/or archaeological preservation, such as materials, colors, architectural details, grading, excavation, paving, landscaping, and site design, shall be permitted without prior recommendation of the appropriate Board and approval of the Director.

(Added by Ord. No. 7432 (N.S.) adopted 1-06-88) (Amended by Ord. No. 8114 (N.S.) adopted 7-29-92) (Amended by Ord. No. 8236 (N.S.) adopted 5-5-93) (Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

The Site Plan shall include such textual description and plans, sketches, and drawings as are necessary to show:

a. Use. The existing or proposed use and design of the premises, building or structure, including areas to be paved, graded, excavated, landscaped or otherwise improved or disturbed; and

b. Value. The historic, cultural archaeological or architectural resource value or significance of a building, structure or site based upon research of historic archives, archaeological and/or ethnographic data, photographs and other documents; and

c. Relationship to the designated landmark or district. The relationship of the proposed use, activity, building or structure to the historic, cultural, archaeological or architectural resources present at the designated landmark or in the surrounding designated district.

(Amended by Ord. No. 5330 (N.S.) adopted 12-13-78) (Amended by Ord. No. 7101 (N.S.) adopted 3-12-86) (Amended by Ord. No. 8114 (N.S.) adopted 7-29-92)

The general criterion for review of site plans or other concurrent applications is that the construction, alteration, demolition, or relocation of any building or structure or earth movement shall enhance to the maximum extent feasible, and not interfere with, detract from or degrade the historic, cultural, architectural or archaeological resource values of the designated landmark or district. In applying this general criterion, the following specific criteria shall be evaluated when they are applicable.

a. Compatibility of Use. The use proposed for a building, structure, or parcel of land shall be compatible with the uses predominating in the designated area.

b. Compatibility of Design. All development demolitions, relocations, conversions, or other alterations occurring on designated landmark or district landmark properties shall be in keeping with the architectural style and scale characterizing the period of history in which the structure was built, including the landscaping features, and/or the archaeological features which caused the property to be so designated as a district or landmark. Restoration efforts shall be in keeping with details, materials, textures, colors, and landscape features common to the period of history when the designated landmark or district was constructed. Where necessary, alternative building regulations shall be applied pursuant to part 8 of title 24 of the California Administrative Code, entitled "The Historic Building Code." The Secretary of the Interior's Standards for Historic Preservation Projects shall be the basis for historic design review.

c. Compatibility with Archaeological Resources.

1. No Site Plan within a designated Archaeological Landmark or District shall be approved until protection of the archaeological resources onsite has been accomplished as follows:

i. The Director shall approve a research design and monitoring program prepared by an archaeologist certified by The Society of Professional Archaeologists (SOPA) with a field methodology to conduct test units, trenches, or shovel test/auger holes to demonstrate the maximum extent of the buried deposit that distinguishes the boundary of the archaeological landmark or district. The research design shall set a statistical measure for artifact/ecofact counts to quantify the boundary. The analyzed results shall contribute to the cumulative body of research as set forth in the County of San Diego Archaeology/History Report Procedures;

ii. Artifacts, ecofacts, negatives, slides, and site records shall be catalogued and conserved in a public repository designated by the County, as required by the Standards of Research Performance of The Society of Professional Archaeologists (SOPA), and in perpetuity available for public educational purposes;

iii. Implementation of the approved research design test shall result in a scientific technical report in accordance with the County of San Diego Archaeology/History Report Procedures and the report shall be submitted for review and approval by the Director;

iv. Obtain approval from the Director of a preservation plan, said plan to implement a six inch gravel and twenty-four inch soil cap, or equivalent, over buried archaeological resources that might be threatened by unauthorized intrusions. If deemed necessary, the preservation plan shall include dedication of open space easement(s) over the identified landmark or district, or any part thereof, and over a perimeter buffer strip the width of which shall be determined by the Director;

v. The Site Plan shall require implementation of the approved preservation plan and installation of drought resistant native and/or historically appropriate landscaping as needed to retard erosion of any soil cap (landscaping requiring permanent irrigation or fertilization shall be minimized);

vi. Establish a procedure for educational groups, traditional Native American groups, and/or archaeologists to apply for permission from the property owner to view archaeological resources, conduct pilgrimages, or conduct scientific research contingent upon approval from the Director.

vii. If excavation is proposed within areas of an archaeological landmark or district believed to include Native American traditional values or cemetery remains, a Native American observer approved by the County shall be notified and invited to be present during said excavations to evaluate and make recommendations concerning recovered materials.

The Director may administratively waive or modify one or more of these requirements when circumstances or practical difficulties make their strict application infeasible or unnecessary, and upon a finding that the waiver or modification is consistent with the purpose and intent of these regulations.

2. Site Plans shall require that uses allowed within any open space easement(s) or other delineated area over an archaeological landmark or district shall be consistent with terms of the open space easement and/or preservation plan approved by the Director. Uses may include, but not be limited to:

i. Scientific investigations with a research design and monitoring program prepared by an archaeologist certified by The Society of Professional Archaeologists (SOPA) and approved by the Director of the Department of Planning and Development Services.

ii. Native American traditional pilgrimages or observations, traditional vegetation harvest and processing, ritual preparation, astronomical solstice observation, by native people approved by elders of the appropriate local Native American community.

iii. Public educational programs, docent tours and community exhibits by non- profit groups, civic organizations, or educational institutions. Exhibits of excavated features, rock-shelters or cave sites, rock art, milling features, and other elements of scientific or Native American traditional value may be developed with adequate security, conservation procedures, and an educational program.

iv. Capping of buried archaeological sites with six inches of gravel and twenty- four inches of sterile topsoil, or equivalent, to protect resources from landscaping associated with passive recreational uses or native habitat restoration, in accordance with a plan approved by a SOPA certified archaeologist and, if necessary, a registered geologist or soils engineer, which has been approved by the Department of Planning and Development Services.

Earth disturbance, grading, well drilling, underground utilities, or construction, shall not be allowed within the buffered archaeological open space easement area unless authorized by terms of the open space easement and/or preservation plan approved by the Director.

(Renumbered and amended by Ord. No. 5330 (N.S.) adopted 12-13-78. Formerly 5720) (Amended by Ord. No. 7101 (N.S.) adopted 3-12-86) (Amended by Ord. No. 7703 (N.S.) adopted 12-20-89) (Amended by Ord. No. 8114 (N.S.) adopted 7-29-92) (Amended by Ord. No. 10222 (N.S.) adopted 9-25-12. Opr. 11-26-12)

a. No person or organization shall demolish, destroy, or move all or any part of a designated historic landmark or district, nor shall any person or organization demolish, destroy or remove artifacts from all or any part of an archaeological landmark or district, nor shall any permit be issued which would allow such actions unless pursuant to a Major Use Permit. In lieu of a major use permit, a Site Plan may be approved pursuant to Section 5724 for such actions where the Director finds that the building, structure or site involved was not a contributing factor in the designation of the landmark or district, as supported in the documentation submitted to the Board of Supervisors when the site was designated.

b. A Major Use Permit for the above actions on all or any part of a designated landmark or district shall not be approved unless the Approving Authority finds that one or more of the following conditions exist:

1. The structure or site is a hazard to public health or safety, and repairs or stabilization are not physically possible.

2. The site is required for a public use which will be of more benefit to the public than the landmark or district and there is no alternative location for the public use.

3. Retention of such landmark or district, or portion thereof or structure thereon, would cause undue financial hardship to the owner; which is defined as a situation in which there is no use for which the premises can reasonably be utilized which would provide an overall economic benefit or income sufficient to maintain the site or structure. The possibility that another use could bring greater financial return to the owner is not sufficient ground to make this finding. An application for demolition or moving of all or any part of a designated landmark or district on grounds of financial hardship shall include information adequate to justify such hardship.

4. With respect to a Major Use Permit for the relocation of all or any part of a designated historic landmark or district, the relocation will not destroy the historic, cultural or architectural values of the landmark or district and the relocation is part of a definitive series of actions which will assure the preservation of the landmark or district.

c. A Major Use Permit for demolition of all or any part of a designated historic landmark or district shall not be approved unless the site or structure thereon cannot be moved or relocated.

(Added by Ord. No. 5330 (N.S.) adopted 12-13-78) (Amended by Ord. No. 7101 (N.S.) adopted 3-12-86) (Amended by Ord. No. 7703 (N.S.) adopted 12-20-89) (Amended by Ord. No. 8114 (N.S.) adopted 7-29-92)

a. Site Plan Required. Demolition or moving of structures, buildings or sites which are not designated historic landmarks but are within Specific Historic Districts, or are determined by the Director to be non-contributing elements of designated landmarks or districts pursuant to Section 5721, shall be permitted only upon approval of a Site Plan pursuant to Section 5709.

b. Additional Criteria. The historic, cultural, architectural and/or archaeological resource value of an existing building, structure or site, or portion thereof, proposed for demolition or removal shall be evaluated to determine its relationship and contribution to these resource values as they are present in the designated district or landmark. Such determinations shall be consistent with documentation submitted to the Board of Supervisors when the district was designated. When the demolition or removal of a building, structure or site would severely impair the resource values of the surrounding designated district, Site Plan approval shall not be granted unless the Director, after further investigation, finds that there is no reasonable alternative to the demolition or removal. Demolition of a building, structure or site which would impair the resource values of the designated district shall not be approved if the building, structure or site can be relocated. The time period for such investigation shall be limited to 90 days from the date of the submission of the Site Plan, except that such period may be extended by the Director with the concurrence of the applicant, or by the Board of Supervisors.

(Added by Ord. No. 5330 (N.S.) adopted 12-13-78) (Amended by Ord. No. 7101 (N.S.) adopted 3-12-86) (Amended by Ord. No. 8114 (N.S.) adopted 7-29-92)

The Site Plan required by Sections 5709, 5721, or 5724, unless waived by the Director, or the Major Use Permit required by Section 5721, and any concurrent Tentative Map, Tentative Parcel Map, Zone Reclassification or Major Use Permit applications shall be referred to the appropriate review board pursuant to Section 5745 for comment. The officer or body having jurisdiction over the concurrent application shall also have jurisdiction over the initial adoption of the related Site Plan, or Major Use Permit required by Section 5721.

(Added by Ord. No. 5330 (N.S) adopted 12-13-78) (Amended by Ord. No. 7101 (N.S.) adopted 3-12-86) (Amended by Ord. No. 8114 (N.S.) adopted 7-29-92)

Off-premise signs shall be prohibited in areas subject to the Historic and Archaeological Landmark and Historic District Area Regulations. Installation or alteration (other than routine maintenance) of other signs shall be subject to the site plan approval.

(Renumbered and amended by Ord. No. 5330 (N.S.) adopted 12-13-78. Formerly 5725) (Amended by Ord. No. 7101 (N.S.) adopted 3-12-86) (Amended by Ord. No. 8114 (N.S.) adopted 7-29-92)

5745 REVIEW JURISDICTION.

Discretionary permit applications concerning a historic/archaeological landmark or district shall be referred to the San Diego County Historic Site Board pursuant to Section 7157. If a Specific Historic District has been established (Section 5749 et seq.), discretionary permits concerning property within that district shall be referred to the applicable Specific Historic Review Board, instead of the Historic Site Board. In the event of an application involving both types of designations, it shall be referred to both the County Historic Site Board and the applicable Specific Historic Review Board.

(Added by Ord. No. 7101 (N.S.) adopted 3-12-86) (Added by Ord. No. 8114 (N.S.) adopted 7-29-92) (Amended by Ord. No. 8236 (N.S.) adopted 5-5-93)

(Added by Ord. No. 7101 (N.S.) adopted 3-12-86) (Amended by Ord. No. 8114 (N.S.) adopted 7-29-92) (Repealed by Ord. No. 8236 (N.S.) adopted 5-5-93)

5747 REVIEW BOARD - ESTABLISHMENT, APPOINTMENT, ETC.

The establishment, appointment, duties, etc. of the San Diego County Historic Site Board and Specific Historic District Review Boards shall be pursuant to Section 396.5 and 396.9 respectively of the San Diego County Administrative Code.

(Added by Ord. No. 7101 (N.S.) adopted 3-12-86) (Amended by Ord. No. 8114 (N.S.) adopted 7-29-92)

The purpose of this section is to allow for the establishment of Specific Historic Districts having their own review boards and specific review criteria adopted by the Board of Supervisors.

a. Julian Historic District

1. Applicability. The regulations of this Section apply in the Julian Historic District (Designated "J") in addition to the requirements of Section 5700 through 5747, inclusive, excepting Sections 5708 and 5718(c).

2. Overall Design Criterion: Julian. The external appearance of structures shall resemble as closely as possible the appearance of buildings existing in Julian in the period 1870-1913, as defined in the design manual adopted pursuant to Paragraph "3".

3. Other Criteria. Site plans and concurrent applications shall conform to the Secretary of the Interior's Standards for Historic Preservation Projects criteria set forth in any specific plan adopted for the Julian Historic District, and in a design manual adopted by the Director and approved by the Board of Supervisors.

Prior to submitting the manual (or amendments thereto) to the Board of Supervisors for approval, the Director shall submit the manual to the Julian Historic District Architectural Review Board for its review and shall forward the Review Board's recommendation to the Board of Supervisors.

4. Architectural Review Board. Site plans concerning property within the Julian Historic District shall be referred to the Julian Historic District Architectural Review Board pursuant to Section 7157. The Julian Historic District Architectural Review Board shall advise the Director as to the site plan's conformance with applicable ordinances, general and specific plans, and other regulations.

(Added as Sec. 5750 by Ord. No. 5330 (N.S.) adopted 12-13-78) (Renumbered and amended by Ord. No. 7101 (N.S.) adopted 3-12-86) (Amended by Ord. No. 7703 (N.S.) adopted 12-20-89) (Amended by Ord. No. 8114 (N.S.) adopted 7-29-92)

5750 TITLE AND PURPOSE.

The provisions of Section 5750 through Section 5799, inclusive, shall be known as the Community Design Review Area Regulations. The purpose of design review is to evaluate site planning, architecture, landscape design, signage and lighting to ensure that new development is compatible with surrounding development and community goals. These regulations provide for the maintenance and enhancement of a Community's individual character and identity.

(Added by Ord. No. 7127 (N.S.) adopted 5-7-86) (Amended by Ord. No. 10296 (N.S.) adopted 10-23-13)

An area that has been identified by the application of a Community Design Review Area Designator shall be known as a designated area for the purposes of these regulations. Designated areas shall be subject to the Community Design Review Area Regulations of Section 5750 through 5799 inclusive. In addition, property subject to the Village 1 (FB-V1), Village 2 (FB- V2), Village 3 (FB-V3), Village 4 (FB-V4), or Village 5 (FB-V5) Zones in the community of Fallbrook shall be subject to these regulations, to the Fallbrook Design Guidelines, and to the Fallbrook Design Review Checklist.

In addition, property located within the Ramona Village Center Area, Village 1 (RM-V1), Village 2 (RM-V2), Village 3 (RM-V3), Village 4 (RM-V4), Village 5 (RM-V5), or Civic (RM-CD) Zones in the community of Ramona shall be subject to these regulations, to the Ramona Village Plan, and to the Ramona Village Plan Design Review Checklist.

Property located within the Alpine Village Core Area, Core (AL-V2), Edge (AL-V1), or Civic (AL- CD) Zones in the community of Alpine shall also be subject to these regulations, to the Alpine Village Plan, and to the Alpine Village Plan Design Review Checklist.

(Added by Ord. No. 7127 (N.S.) adopted 5-7-86) (Amended by Ord. No. 9935 (N.S.) adopted 4-23-08) (Amended by Ord. No. 10296 (N.S.) adopted 10-23-13) (Amended by Ord. No. 10348 (N.S.) adopted 7-30-14)

No building permit or discretionary approval pursuant to this ordinance shall be issued, nor shall any person construct or alter a building, structure, or parking area, nor shall any outdoor commercial or industrial use be established, on land subject to the Community Design Review Area Regulations until a plot plan which conforms to the criteria established pursuant to these regulations has been submitted and approved in accordance with the Site Plan Permit Review Procedure commencing at Section 7150. A Site Plan Permit is not required for any of the following:

a. Alterations to the interior of a structure which are not visible from the outside.

b. Zone Reclassifications, subdivisions of land, or other discretionary approvals not involving the design of buildings or structures, except that subdivisions in the I-15 Scenic Corridor shall not be exempt.

c. Electrical, gas or other utility improvements where no associated discretionary permits are required, provided that any visible portion of such improvement does not exceed 24 inches in any dimension. The Director may require the applicant to submit an affidavit stating that the proposed utility improvement will not serve a use other than those uses presently occurring legally on the site.

d. Temporary improvements associated with construction activities authorized by building permit. Said improvements shall include, but not be limited to, trailers, fences, and signs which do not require discretionary approval by other applicable sections of the Zoning Ordinance.

e. Signs exempt from the Zoning Ordinance pursuant to Section 6203.

f. Temporary special purpose off premise signs pursuant to Section 6207.

g. Any use or development type which according to the applicable design guidelines is not subject to design review pursuant to the Community Design Review Area Regulations.

h. A grading permit pursuant to the Grading Ordinance, except in the I-15 Scenic Corridor.

i. The following types of projects which the Director determines comply with the applicable community design program objectives and design guidelines:

1. New on-premise signs, except in the I-15 Scenic Corridor, if existing on-premise signs which are under the control of the person requesting the exemption are also in full compliance with applicable Design Guidelines. The Director may require sufficient evidence in the form of drawings, photographs and/or other graphic exhibits.

2. Replacement, repair or minor modifications to exterior wall or roof finish materials on existing structures.

j. Exterior alteration or new construction not otherwise exempt under this section, which is not visible from any street, excluding alleys, provided the total lot coverage is not increased to more than 75 percent of the net lot area. Eliminating said visibility through screening techniques such as landscape, walls, fences or grading shall not qualify such exterior alterations or new construction for this exemption. The Director shall determine if a project meets this exemption standard and may require any necessary information including drawings, photographs and/or other graphic exhibits.

k. Small antennas (i.e., satellite earth station receiving antennas or similar antennas for video programming and television signals) exempted by Federal Communications Commission rules from local design review regulations. This exemption applies to antennas that are one meter (39 inches) or less in diameter or diagonal measurement. Such antennas mounted on masts exceeding 12 feet in height are not included in this exemption.

l. Certified Farmers’ Market pursuant to section 6122.

Any decision by the Director to exempt a project pursuant to this section shall be final.

(Added by Ord. No. 7127 (N.S.) adopted 5-7-86) (Amended by Ord. No. 7576 (N.S.) adopted 1-11-89) (Amended by Ord. No. 8236 (N.S.) adopted 5-5-93) (Amended by Ord. No. 8407 (N.S.) adopted 5-18-94) (Amended by Ord. No. 8897 (N.S.) adopted 3-18-98) (Amended by Ord. No. 9958 (N.S.) adopted 12-10-08) (Amended by Ord. No. 10296 (N.S.) adopted 10-23-13)

a. An exemption from the Site Plan Permit requirement of Section 5756 may be granted by the Director under any of the following circumstances:

1. Existing Permit Exemption. All of the purposes and requirements of the Site Plan Permit process have been fulfilled by an existing approved discretionary permit.

2. Concurrent Permit Exemption. All of the purposes and requirements of the Site Plan Permit process will be fulfilled by a concurrent discretionary permit which will be reviewed the applicable Community Design Review Board.

3. Minor Project Exemption. The Director determines that a proposed project is minor in nature, as defined in Section 7156(b) and that subjecting it to the Site Plan Permit review process would not materially contribute to the attainment of the community design objectives and guidelines as set forth in the applicable Design Guidelines. The applicable Community Design Review Board may recommend to the Director whether to grant a minor project exemption. The recommendation shall be in writing, signed by the Chairperson or other member of the Review Board who has been authorized by the Review Board to sign Site Plan Permit exemption requests, and shall be accompanied by a copy of the project plans upon which the recommendation was based.

4. Design Review Checklist Exemption. The Director determines that the project complies with the objective standards set forth in the Design Review Checklist for the applicable community in which the project is located. The applicable Community Design Review Board may recommend to the Director whether to grant a Design Review Checklist Exemption. The recommendation shall be in writing, signed by the Chairperson or other authorized member of the Design Review Board and shall be accompanied by a copy of the Design Review Checklist and stamped plot plans on which the recommendation was based.

b. A request for a Site Plan Permit exemption based on compliance with subsections 5757 a.3 or 5757 a.4 shall be transmitted by the Director to the applicable Community Design Review Board using forms approved by the Director for that purpose. If no recommendation is received by the Director from the Review Board within 45 days following the Review Board's receipt of the request, the Director may make a decision without the Review Board's recommendation.

c. Notwithstanding the above, the Review Board may recommend a Site Plan Permit exemption of entire classes of projects, in which case the Director may exempt projects within these classes without obtaining recommendations from the Review Board on each individual case.

d. No building permit shall be issued for a project for which the Site Plan Permit exemption has been granted pursuant to subsections 5757 a.3 or 5757 a.4 unless the project’s plot plans bear the Director's stamp granting the exemption. No deviation from aspects of such approved plot plans pertinent to the Design Guidelines or the Design Review Checklist, such as materials, colors, architectural details, landscaping, and site design, shall be permitted without prior recommendation of the appropriate Design Review Board and approval of the Director incompliance with this Section.

(Added by Ord. No. 7229 (N.S.) adopted 11-05-86) (Amended by Ord. No. 7432 (N.S.) adopted 1-06-88) (Amended by Ord. No. 7740 (N.S.) adopted 3-28-90) (Amended by Ord. No. 8105 (N.S.) adopted 7-15-92) (Amended by Ord. No. 8185 (N.S.) adopted 12-16-92) (Amended by Ord. No. 8236 (N.S.) adopted 5-5-93) (Amended by Ord. No. 9690 (N.S.) adopted 12-15-04) (Amended by Ord. No. 10204 (N.S.) adopted 3-28-12) (Amended by Ord. No. 10296 (N.S.) adopted 10-23-13)

The plot plan shall include such textual descriptions and plans, sketches and drawings as are necessary to provide the information as required by the applicable Community Design Guidelines pursuant to Section 5799.

(Added by Ord. No. 7127 (N.S.) adopted 5-7-86) (Amended by Ord. No. 10296 (N.S.) adopted 10-23-13)

5760 DEVELOPMENT STANDARDS AND REVIEW CRITERIA.

In addition to the development standards contained in the Zoning Ordinance and the County Code the standards and criteria contained in the applicable Community Design Guidelines or Design Review Checklist shall apply to any project subject to the Community Design Review Area Regulations.

(Added by Ord. No. 7127 (N.S.) adopted 5-7-86) (Amended by Ord. No. 10296 (N.S.) adopted 10-23-13)

a. Purpose and Intent. The intent of this section is to encourage economic revitalization and the maintenance and enhancement of existing zero front yard setback development patterns in certain traditional downtown commercial districts as specified herein, consistent with certain Community Design Guidelines adopted pursuant to the Community Design Review Area Regulations. To achieve this purpose, the design, location and number of automobile, bicycle and loading spaces within these districts may be determined on a case-by-case basis.

b. Special Parking Districts Designated. The following described areas are hereby designated as Special Parking Districts:

1. Parcels with frontage on Main Avenue in Fallbrook, from Mission Road to Elder Street; properties with frontage on Mission Road from Main Avenue to Iowa Street; and Assessor Parcel Number 103-132-06, as said parcel was identified on the County Assessor's maps on June 17, 1994 and any other parcel located in Fallbrook Village Zone 1 or Fallbrook Village Zone 2.

2. Parcels with frontage on Maine Avenue in Lakeside from Mapleview Street to Los Coches Road.

3. Parcels with frontage on Main Street/Highway 67 in Ramona, from Tenth Street to Third Street; and Assessor Parcel Numbers 281-251-01, 281-263-03, 281-444-02, and 281-443-15, as said parcels were identified on the County Assessor's maps on June 17, 1994.

c. Parking Requirements Within Special Parking Districts. Parking requirements for structures or uses located within a Special Parking District may be established in accordance with a Site Plan Permit approved pursuant to these regulations and the applicable Design Guidelines, provided the following conditions are met:

1. The project will not result in any driveway intersecting with the frontage street if the building site has public vehicular access available from an alley or side street, except that an existing driveway may be retained in the following situations: (1) where a structure is involuntarily damaged or destroyed and is reconstructed, repaired, or rebuilt in accordance with the Zoning Ordinance, or (2) where an existing structure is expanded or renovated in accordance with the Zoning Ordinance. If the building site has no public vehicular access available from an alley or side street, any proposed driveway shall be of minimum permitted width and serve on-site parking and/or loading at the rear of the lot or at such other location as may be approved in accordance with these regulations and the applicable Design Guidelines.

2. The number of spaces shall be determined in consideration of the parking generation characteristics of the proposed use and the physical limitations of the site. The number of spaces shall be as close as possible to the number which would be required if the Special Parking District did not exist, except that for buildings constructed pursuant to a building permit issued after June 17, 1994, the number of spaces shall not be reduced to less than 75 percent of the number which would be required if the Special Parking District did not exist.

3. Notwithstanding any other provision of this section, if a structure in a Special Parking District is damaged or destroyed, any nonconformity as to the applicable off-street parking for said structure may be resumed if the structure is reconstructed, repaired or rebuilt in accordance with the applicable Community Design Guidelines and all other applicable requirements. See also Section 6867.

(Added by Ord. No. 8407 (N.S.) adopted 5-18-94) (Amended by Ord. No. 9620 (N.S.) adopted 12-10-03) (Amended by Ord. No. 10296 (N.S.) adopted 10-23-13)

The Site Plan Permit required by Section 5756 shall be submitted and reviewed concurrently with an application for a Tentative Map, Tentative Parcel Map, Major or Minor Use Permit or Zone Reclassification. Site Plan Permits and any concurrent applications shall be referred to the appropriate design review board pursuant to Section 5764. The officer or body having jurisdiction over the concurrent application shall also have jurisdiction over the initial adoption of the related Site Plan Permit.

(Added by Ord. No. 7127 (N.S.) adopted 5-7-86) (Amended by Ord. No. 10296 (N.S.) adopted 10-23-13)

Site Plan Permits concerning property within a designated area shall be referred to the appropriate Community Design Review Board pursuant to Section 7157 or in areas where no such board exists, the Director may consider the input of the applicable Community Planning or Sponsor Group.

(Added by Ord. No. 7127 (N.S.) adopted 5-7-86) (Amended by Ord. No. 8236 (N.S.) adopted 5-5-93) (Amended by Ord. No. 8712 (N.S.) adopted 8-6-96) (Amended by Ord. No. 10296 (N.S.) adopted 10-23-13)

(Added by Ord. No. 7127 (N.S.) adopted 5-7-86) (Repealed by Ord. No. 8236 (N.S.) adopted 5-5-93)

5798 COMMUNITY DESIGN REVIEW BOARD - ESTABLISHMENT, APPOINTMENT, AND DUTIES.

The establishment, appointment, and duties of the Community Design Review Boards shall be pursuant to Section 396.10 of the San Diego County Administrative Code.

(Added by Ord. No. 7127 (N.S.) adopted 5-7-86)

5799 COMMUNITY DESIGN REVIEW AREAS.

a. Applicability. The requirements of Section 5750 through 5799, inclusive, apply to the areas that are designated Design Review Areas (Special Area Designator "B"), and to that property within the community of Fallbrook to which the Village 1 (FB-V1), Village 2 (FB- V2), Village 3 (FB-V3), Village 4 (FB-V4), or Village 5 (FB-V5) Zone has been applied and to area within the community of Ramona for which the Village 1 (RM-V1), Village 2 (RM- V2), Village 3 (RM-V3), Village 4 (RM-V4), Village 5 (RM-V5), or Civic (RM-CD) Zones has been applied; and to area within the community of Alpine for which the Core (AL-V2), Edge (AL-V1), or Civic (AL-CD) Zones has been applied. (see Section 8000)

b. Design Criteria. Site Plan permits and concurrent applications shall conform to criteria set forth in the applicable Design Guidelines Manual approved by the Board of Supervisors.

c. Design Review Boards. Site Plan permits concerning property within designated Design Review Areas shall be referred to the Community's Design Review Board for recommendation, if such a board exists for the area. The Design Review Board shall advise the Director as to the Site Plan permit’s conformance with the Community's Design Guidelines Manual. The Review Board's evaluation shall be limited to the design guidelines set forth in the manual, and the Review Board shall cite the specific guideline(s) in instances where a project may be inconsistent with the adopted design manual. The Director may consider the input of the applicable planning or sponsor group in areas where no design review board exists.

(Added by Ord. No. 7127 (N.S.) adopted 5-7-86) (Amended by Ord. No. 8712 (N.S.) adopted 8-6-96) (Amended by Ord. No. 9935 (N.S.) adopted 4-23-08) (Amended by Ord. No. 10204 (N.S.) adopted 3-28-12) (Amended by Ord. No. 10296 (N.S.) adopted 10-23-13) (Amended by Ord. No. 10348 (N.S.) adopted 7-30-14)

5800 TITLE AND PURPOSE.

The provisions of Section 5800 through Section 5849, inclusive, shall be known as the Planned Development Area Regulations. The purpose of these provisions is to insure the following: 1) the preservation of land areas within the unincorporated territory of San Diego County which possess unique characteristics and features of a geographical, geological, topographical, environmental, agricultural, scenic or historical nature; and/or 2) to permit a more creative and imaginative design for development of any area than is generally possible under conventional zoning regulations which will result in more economical and efficient use of land while providing a higher level of amenities associated with development in Village areas and greater preservation of open space in Rural areas.

(Amended by Ord. No. 8247 (N.S.) adopted 5-19-93) (Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

These regulations shall be applied where appropriate to achieve the purpose set forth in Section 5800 and in accordance with the Planned Development Standards in Section 6600.

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

5804 LIMITATION ON USE AND CONSTRUCTION.

No use or construction otherwise permitted is allowed on land subject to the Planned Development Area Regulations except as follows:

a. Development of a planned development in accordance with the Planned Development Standards in Section 6600 is allowed pursuant to a Major Use Permit.

b. Civic Use Types are permitted provided that a Major Use Permit is granted for any Civic Use Type (other than Essential Services) for which a use permit is not otherwise required.

c. The Director may waive the application of this Section to a parcel of not more than 5 acres in area upon a finding that such waiver is consistent with the General Plan and the purposes of these regulations.

d. The Director may waive the application of this section for a parcel of 5 acres or more for the development of one single-family dwelling upon a finding that such waiver is consistent with the General Plan and the purposes of these regulations.

e. The decision of the Director pursuant to subsections c and d above may be appealed pursuant to Section 7200 et seq.

For purposes of applying this section, the term "use" shall not include divisions of land into parcels each of which has a gross area of 40 acres or larger.

(Amended by Ord. No. 5786 (N.S.) adopted 6-4-80) (Amended by Ord. No. 5787 (N.S.) adopted 6-4-80) (Amended by Ord. No. 6506 (N.S.) adopted 1-5-83) (Amended by Ord. No. 7191 (N.S.) adopted 9-10-86) (Amended by Ord. No. 9676 (N.S.) adopted 9-22-04) (Amended by Ord. No. 10035 (N.S.) adopted 1-27-10) (Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

The following are permitted on land subject to the Planned Development Area Regulations prior to development pursuant to Section 5804:

a. Agricultural and Extractive use types otherwise permitted by the Use Regulations.

b. A Major Use Permit may be granted to authorize, for a specified period of time, any use not involving a significant investment in buildings, structures, or other improvements. Alternatively, a Major Use Permit may be granted for any use pursuant to a bonded agreement in an amount sufficient to ensure the removal of all buildings, structures, and other improvements within a specified time and/or under specified conditions when the decision-making body finds that such agreement will carry out the intent of this Ordinance and is enforceable by the County.

c. A Major or Minor Use Permit or Administrative Permit may be continued, modified, reinstated, or renewed for any use which, prior to the application of the Planned Development Area Regulations to the subject property, was permitted pursuant to a duly authorized use or Administrative Permit.

d. An Administrative Permit may be granted by the Director to authorize alteration or expansion of existing structures, or erection of accessory structures, other than those authorized in 5806(e), if such construction does not hinder the eventual development of the property as a planned development.

e. Alteration or expansion of existing one or two family dwellings, or their accessory structures, or addition of accessory structures.

(Amended by Ord. No. 5786 (N.S.) adopted 6-4-80) (Amended by Ord. No. 8506 (N.S.) adopted 3-1-95) (Amended by Ord. No. 8599 (N.S.) adopted 10-11-95)

(Added by Ord. No. 6240 (N.S.) adopted 2-17-82)

5850 TITLE AND PURPOSE.

The provisions of Section 5850 through Section 5856, inclusive, shall be known as the Vernal Pool Area Regulations. The purpose of these provisions is to protect and preserve vernal pools which are rare, unique and of limited distribution by regulating development within or adjacent to these areas. Since an entire ecosystem is associated with vernal pool areas, these regulations are intended to protect the various rare, threatened, or endangered species of plants and animals. A typical example of the type of resource to be protected by these regulations is the mesa mint (Pogognye abramsi).

(Added by Ord. No. 6240 (N.S.) adopted 2-17-82) (Amended by Ord. No. 6291 (N.S.) adopted 5-18-82)

These regulations shall be applied where appropriate to achieve the purpose set forth in Section 5850.

(Added by Ord. No. 6240 (N.S.) adopted 2-17-82) (Amended by Ord. No. 6291 (N.S.) adopted 5-18-82)

5854 LIMITATION ON USE AND CONSTRUCTION.

On property subject to the "V" Vernal Pool Area Regulations, no use or activity is permitted unless authorized by a minor use permit. For purposes of this Section, "use" or "activity" means any activity which is likely to alter, modify, disturb, or destroy a vernal pool or its associated rare, threatened, or endangered species, including but not limited to:

a. Modifying or disturbing the soil surface or existing vegetation by grading (including agricultural grading), filling, ditching, plowing, tilling, cultivating, brushing, grubbing, clearing, burning, or applying any herbicide or other substance injurious to plant or animal life.

b. Draining or filling a vernal pool.

c. Placing an impervious covering on, over, or under the soil or water surface.

d. Construction, expansion, alteration, or installation of a structure.

(Added by Ord. No. 6240 (N.S.) adopted 2-17-82) (Amended by Ord. No. 6291 (N.S.) adopted 5-18-82)

No use permit, or other required permit shall be granted for any use, activity, or construction in the area subject to the Ordinance unless the applicant demonstrates to the satisfaction of the officer or body having jurisdiction that:

a. The proposed use, activity, or construction will not have any significant, adverse effects on any identified vernal pool or an associated rare, threatened, or endangered species; or

b. Adequate mitigating measures will be provided to protect the vernal pool or its associated rare, threatened, or endangered species; or

c. There are social and economic benefits which override any adverse effects and there is no reasonably acceptable alternative site which would fulfill the purposes of the proposed use, activity, or construction.

The environmental review documentation prepared and submitted pursuant to Sections 7610 and 7611 shall be used by the officer or body having jurisdiction to the maximum extent possible in administering the provisions of this Section.

(Added by Ord. No. 6240 (N.S.) adopted 2-17-82) (Amended by Ord. No. 6291 (N.S.) adopted 5-18-82)

(Added by Ord. No. 6186 (N.S.) adopted 11-18-81)

5900 TITLE PURPOSE.

The provisions of Section 5900 through Section 5949, inclusive, shall be known as the Design Review Area Regulations. The purpose of these provisions is to insure that future structures and development of a site will complement not only the site to be developed but also the surrounding areas and existing development.

(Added by Ord. No. 6186 (N.S.) adopted 11-18-81)

5902 APPLICATION OF DESIGN REVIEW DESIGNATOR.

The design review area designator shall be applied in accordance with the stated purpose of the Design Review Area Regulations at Section 5900. The ordinance applying said designator to particular property shall contain a statement of the objective(s) sought to be achieved and the standard(s) by which the required site plan will be judged.

(Added by Ord. No. 6186 (N.S.) adopted 11-18-81)

a. No permit of any type shall be issued for any development in areas subject to the Design Review Area Regulations until a Site Plan permit has been submitted and approved in accordance with the Site Plan Review Procedure commencing at Section 7150. A Site Plan permit is not required if the Director determines that the proposed project is of such type or character that the stated objectives or review criteria contained in the ordinance applying the design review designator would not be applicable to the proposed project. A Site Plan permit is also not required if said ordinance applying the design review designator specifically exempts the Site Plan permit requirement for the proposed project, and such an ordinance exemption shall be final.

b. The Site Plan permit shall not be required to contain more information than required to satisfy the stated concerns of the Board of Supervisors at the time the design review area designator was applied.

c. An exemption from the requirement to process a Site Plan permit pursuant to this section may be granted by the Director under either of the following circumstances:

1. If it is determined that the nature of the proposed project is such that subjecting it to the Site Plan permit review process would not materially contribute to the attainment of the stated purpose or objectives of the ordinance which applied the Design Review Area Regulations to the subject property, or that all of the purposes and requirements of the Site Plan permit have been fulfilled by an existing approved discretionary permit. In making a decision on such a Site Plan permit exemption, the Director shall consider the recommendation of the applicable Community Planning Group or Sponsor Group. Site Plan permit exemption requests shall be transmitted by the Director to the Group using a form approved by the Director for that purpose. If no recommendation is received by the Director from the Group within 45 days following the Group's receipt of the request, the Director may make a decision without the Group's recommendation.

Notwithstanding the above, the Community Planning or Sponsor Group may recommend a Site Plan permit exemption of entire classes of projects, in which case the Director may grant an exemption for projects within these classes without obtaining recommendations from the Planning or Sponsor Group on each individual case.

2. If all of the purposes and requirements of the Site Plan permit will be fulfilled by a concurrent discretionary permit which will be reviewed by the applicable Community Planning Group or Sponsor Group.

No building permit shall be issued for a project for which the Site Plan permit exemption has been granted except pursuant to plans bearing the Director's stamp granting such exemption. No deviation from aspects of such plans pertinent to the stated purpose or objectives of the ordinance which applied the Design Review Area Regulations to the subject property shall be permitted without prior recommendation of the appropriate Community Planning or Sponsor Group.

(Added by Ord. No. 6186 (N.S.) adopted 11-18-81) (Amended by Ord. No. 6761 (N.S.) adopted 4-25-84) (Amended by Ord. No. 7432 (N.S.) adopted 1-06-88) (Amended by Ord. No. 8105 (N.S.) adopted 7-15-92) (Amended by Ord. No. 8185 (N.S.) adopted 12-16-92) (Amended by Ord. No. 8236 (N.S.) adopted 5-5-93) (Amended by Ord. No. 9690 (N.S.) adopted 12-15-04) (Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

The required Site Plan shall specify the dimensions, elevation, color and architectural design of the proposed buildings and structures necessary to be compatible with the architectural theme and character of adjacent developed parcels and the existing neighborhood. In addition, the required Site Plan may, when required pursuant to Section 5905b, include such maps, plans, drawings, and sketches as are necessary to show:

a. The placement, height and physical characteristics of all existing and proposed buildings and structures located on the development site;

b. The existing vegetation to be removed or retained and all proposed landscaping;

c. The location and dimensions of existing and proposed ingress and egress points, interior road and pedestrian walkways, parking and storage area;

d. The existing and finished topography of the development site, including the existing natural drainage system and its proposed treatment;

e. The number, size, location and design of existing and proposed signs; and

f. The exterior lighting plan, which could have a visual impact on the exterior appearance of the development.

(Added by Ord. No. 6186 (N.S.) adopted 11-18-81) (Amended by Ord. No. 6761 (N.S.) adopted 4-25-84)

The statement by the approving authority as required by Section 5902 shall be the general criterion for review of the site plan by the Director. The following specific criteria shall also be reviewed to achieve the objectives of the approving authority.

a. Building Characteristics. The dimensions, color, architectural design of the proposed buildings and structures shall be compatible and in keeping with those existing in the designated area.

b. Building and Structure Placement. The placement of buildings and structures shall not detract from the visual setting or obstruct significant views.

c. Landscaping. The removal of native vegetation shall be minimized and the replacement vegetation and landscaping shall be compatible with the vegetation of the designated area and shall harmonize with the natural landscaping. Landscaping and plantings shall be used to the maximum extent practicable to screen those features listed in subsections "d" and "e" of this section and shall not obstruct significant views, either when installed or when they reach mature growth.

d. Roads, Pedestrian Walkways, Parking and Storage Areas. Any development involving more than one building or structure shall provide common access roads and pedestrian walkways. Parking and outside storage areas shall be screened from view, to the maximum extent feasible, by existing topography, by the placement of buildings and structures, or by landscaping and plantings.

e. Grading. The alteration of the natural topography of the site shall be minimized and shall avoid detrimental effects to the visual setting of the designated area and the existing natural drainage system. Alterations of the natural topography shall be screened from view by landscaping and plantings which harmonize with the natural landscape of the designated area, except when such alteration add variety to or otherwise enhance the visual setting of the designated area.

f. Signs. The number, size, location, and design of all signs shall not detract from the visual setting of the designated area or obstruct significant views. Subsequent to the site plan review and approval, any alteration to signs other than general maintenance shall be subject to a new Site Plan or an Administrative Permit.

g. Lighting. The interior and exterior lighting of the buildings and structures and the lighting of signs, roads and parking areas shall be compatible with the lighting employed in the designated area.

(Added by Ord. No. 6186 (N.S.) adopted 11-18-81) (Amended by Ord. No. 6983 (N.S.) adopted 7-03-85)

(Repealed by Ord. No. 10697 (N.S.) adopted 11-18-20, effective 03-15-21, see Coastal Zone Regulations, Section 9000-9500)

UNSEWERED AREA REGULATIONS

5960 TITLE AND PURPOSE.

The provisions of Section 5960 through Section 5964, inclusive, shall be known as the Unsewered Area Regulations. The purpose of these provisions is to regulate development in those locations that are planned and zoned for urban use but are not within a sewer district, recognizing that development of these areas without public sewers could have adverse impacts on the level and quality of the groundwater table, coastal bluff erosion, water quality of wetlands, and public health. Development of these areas without public sewers could also result in densities lower than those planned which could inhibit concentration of development and could also lead to increased pressure to develop less appropriate coastal area locations, such as agricultural lands.

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

The Unsewered Area Regulations shall be applied to those areas without sewer service where appropriate to achieve the purpose set forth in Section 5960.

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

5964 LIMITATIONS ON USES AND DIVISIONS OF LAND.

Notwithstanding the provisions of the applicable use regulations, no divisions of land which create parcels or lots smaller than one acre, and no development or use of land that requires disposal of domestic waste water on parcels or lots smaller than one acre, shall be permitted unless public sewer is provided and utilized. Legal lots which existed prior to July 21, 1982, and tentative subdivision maps which were approved by the County prior to July 21, 1982, are exempt from these provisions.

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

5970 TITLE AND PURPOSE.

The provisions of Section 5970 through Section 5972 inclusive, shall be known as the Former Forest Conservation Initiative Properties Overlay. The purpose of these provisions is to implement the terms of the Settlement Agreement, dated February 26, 2019, between the County of San Diego and the Sierra Club, the Cleveland National Forest Foundation, and Save Our Forest and Ranchlands, and to provide notice to the public and County decision makers that these lands lie within the Cleveland National Forest Administrative Boundary.

The Former Forest Conservation Initiative Properties Overlay shall be applied to those non-Federal lands in the County of San Diego which were formerly designated “Forest Conservation Initiative” lands, and which are located outside of the Village and Rural Village boundaries, as of February 26, 2019.

5972 REQUIREMENTS.

The Board of Supervisors shall not approve any amendment of a General Plan land use designation for any project within the Former Forest Conservation Initiative Properties Overlay that would increase residential density beyond what the General Plan allows unless it undertakes the analysis and makes the findings as set forth in subsections (a), (b) and (c) below:

a. Analyze the consistency of the proposed project with the County’s Regional Housing Needs Assessment allocation and determine whether there is available development potential within the nearest Village or Rural Village boundary to accommodate the project’s proposed increase in residential density;

b. Find as follows:

1. The proposed project is supported by adequate access to water supply, consistent with the San Diego County Groundwater Ordinance;

2. The proposed project will not exacerbate wildfire risks;

3. The proposed project is compatible with the environmental resources of the National Forest and will not adversely affect the stability of land use patterns in the area;

4. The proposed project employs “carbon neutral” principles, such as integrating passive design strategies, specifying energy efficient air handling systems, lighting and appliances; and installing on-site renewable energy; and

5. The proposed project will not constitute part of, or encourage a piece-meal conversion of a larger forest area to residential or other non-open space uses; and

c. Analyze whether there is capacity in the nearest Village or Rural Village to accommodate the project’s proposed increase in residential density. The Board of Supervisors may approve a proposed project, notwithstanding such capacity, provided an explanation is made as to why the project is being approved instead of utilizing such capacity.

These requirements shall be in addition to all other requirements of the General Plan Amendment Process.

(Amended by Ord. No. 10661 (N.S.) adopted 2-26-20)

The boundaries of all zones shall be shown on an Official Zone Map maintained by the Director. Whenever the boundaries of zones are changed, or property is reclassified to another zone, the Director shall alter the Official Zone Map to reflect such changes.

6015 UNCERTAINTY OF BOUNDARIES.

Where uncertainty exists as to the boundaries of any zone, the following rules of construction shall apply:

a. Along Line. Where such boundaries are indicated as approximately following street and alley lines or lot lines, such lines shall be construed to be such boundaries.

b. Unsubdivided Property. Where a zone boundary divides a lot, or parcel, the location of such boundaries, unless the same are indicated by dimension, shall be determined by the use of the scale appearing on said zoning map.

c. Vacated or Abandoned Street or Alley. Where a public street or alley is officially vacated or abandoned, the area of comprising such vacated street or alley shall acquire the classification of the property to which it reverts.

d. Realigned Rights-of-Way in Certain Subdivisions. Where a proposed public street or alley shown on a tentative map forms a zone boundary, and such street or alley is realigned on the final map for the subdivision, the zone boundary shall be deemed to be the centerline of the street or alley as shown on the approved final map.

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

Areas of dedicated street or alley rights-of-way other than such as are designated on the zoning map as being classified in one of the zones provided in this ordinance shall be deemed to be unclassified and such unclassified streets shall be used only for purposes lawfully allowed.

6025 SPECIFIC PLANS.

If a Specific Plan has been adopted for property which is also subject to the S88 Specific Planning Area Use Regulations, any provisions of the Specific Plan relating to subjects contained in the General Regulations in this part shall prevail over The Zoning Ordinance regulations to the extent of any conflict between them.

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

6100 TITLE AND PURPOSE.

The provisions of Section 6100 through 6149, inclusive, shall be known as the Temporary Use Regulations. The purpose of these regulations is to establish permitted temporary uses and standards and conditions for regulating same.

6102 IDENTIFICATION OF PERMITTED TEMPORARY USES.

The following temporary uses shall be permitted as specified by these regulations:

a. Circus, Carnival, or Other Outdoor Entertainment Event. The temporary gathering of people for a circus, carnival, or other outdoor entertainment event.

b. Antique or Art Show on Public Property. The temporary use of public property for antique or art shows.

c. Civic, Fraternal or Religious Assembly. The temporary gathering by an organization listed in Section 1348 on public or private property that is not the regular gathering place for that organization.

d. Construction Support. Temporary building and structures supporting residential development and major construction.

e. Reversible Uses of Future Highway Rights-of-Way. Temporary uses on land required for a future County or State Highway.

f. Travel Trailer Park. The temporary operation of a travel trailer park.

g. Uses in New Subdivisions. Temporary uses in new subdivisions and other residential developments which support the sale of dwellings and lots within the same subdivision or residential development.

h. Use of Trailer Coach. Temporary use of a trailer coach for certain purposes.

i. Use of Public School Sites. Temporary use of a public school site for certain specified purposes.

j. Certified Farmers’ Market. Temporary use of certain public or commercial property for a Certified Farmers’ Market.

k. Meteorological Testing (MET) Facility. Temporary use of a Meteorological Testing (MET) Facility permitted in accordance with Section 6123.

l. Temporary Outdoor Sales. Temporary outdoor sales, incidental to the existing commercial uses on a site, in certain commercial or industrial zones.

m. Commercial Filming. Temporary use of public or private property (not including public road rights-of-way) for commercial motion picture production, television production, still photography and related activities.

n. Mobile Butchering. Temporary use of commercial, industrial, agricultural or special purpose zoned private property for butchering of livestock on a limited basis.

o. Fishermen’s Market. Temporary use of certain public or commercial property for a Certified Fisherman’s Market.

p. Temporary Cannabis Event. An event of limited duration, and located in a specific area, which allows the on-site sale and/or consumption of cannabis at the event, in compliance with California Business and Professions Code Section 26200(e) and Section 21.2501 et seq. of the San Diego County Code of Regulatory Ordinances.

(Amended by Ord. No. 7693 (N.S.) adopted 11-29-89) (Amended by Ord. No. 9958 (N.S.) adopted 12-10-08) (Amended by Ord. No. 9971 (N.S.) adopted 02-25-09) (Amended by Ord. No. 10006 (N.S.) adopted 9-16-09) (Amended by Ord. No. 10035 (N.S.) adopted 1-27-10) (Amended by Ord. No. 10095 (N.S.) adopted 12-8-10) (Amended by Ord. No. 10359 (N.S.) adopted 10-29-14) (Amended by Ord. No. 10463 (N.S.) adopted 4-14-17) (Amended by Ord. No. 11015 (N.S.) adopted 8-19-26)

Temporary uses shall be subject to all regulations as would be applied to a permanent principal or accessory use located in the same zone, except as otherwise provided by these regulations.

6106 CIRCUS, CARNIVAL, OR OTHER OUTDOOR ENTERTAINMENT EVENT.

The temporary gathering of people for a circus, carnival, or other outdoor entertainment event may be permitted by the Sheriff pursuant to Title 2, Division 1, Chapter 8 and Chapter 24 of the County Code through the issuance of a license pursuant to the Uniform Licensing Procedure of the County Code and in compliance with the following provisions:

a. Location. A circus, carnival or other outdoor entertainment event may be permitted in any zone except zones subject to the RS, RD, RM, and RV Use Regulations. Notwithstanding this subsection, a circus, carnival or other public outdoor assembly event may be permitted in any zone, including the RS, RD, RM and RV Use Regulations on properties with a valid Major Use Permit subject to the requirements of this section.

b. Duration. The period of operation of the circus, carnival or other outdoor entertainment event shall not exceed five consecutive days, no more than six events per year on the same property. There shall be a minimum of 14 consecutive days between events. Events exceeding these limitations shall be considered Participant Sport and Recreation Use type.

c. Noticed Hearing Not Required. The Sheriff may issue a license pursuant to this section without notice or public hearing.

d. Community Events pursuant to Title 2, Division 1, Chapter 2 of the County Code shall be under the authority of the Department of Environmental Health. Community Events may be permitted in any zone except zones subject to the RS, RD, RM, and RV Use Regulations and are permitted on properties with a valid Major Use Permit subject to the Department of Environmental Health requirements. However, a temporary event or any aspect of an event that is specifically prohibited by the Use Permit conditions shall not be allowed by this Section.

(Amended by Ord. No. 6924 (N.S.) adopted 2-20-85) (Amended by Ord. No. 10095 (N.S.) adopted 12-8-10) (Amended by Ord. No. 10204 (N.S.) adopted 3-28-12) (Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

The temporary gathering of people for an antique or art show and sales event may be permitted in compliance with the following provisions:

a. Location. An antique or art show and sales event may be permitted in any zone provided such event is held on property owned by or under the control of a public agency and which is held pursuant to a permit, license, or leave approved by the governing board of said public agency, which permit, license or lease contains specific authorization for said event. As used in this section, "public agency" includes counties, cities, municipal corporations, political subdivisions, public districts and other public agencies of the State of California.

b. Duration. The period of operation of the antique or art show and sales event shall not exceed 3 consecutive days, and there shall be no more than six events per year.

(Amended by Ord. No. 6937 (N.S.) adopted 4-10-85) (Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

The temporary gathering by an organization listed in Section 1348 on public or private property that is not the regular gathering place for that organization may be permitted in compliance with the following provisions:

a. Location. An assembly may be permitted in any zone except zones subject to the RS, RD, RM, and RV Use Regulations.

b. Duration. The period of operation of the assembly shall not exceed 8 consecutive days. There shall be a minimum of 14 consecutive days between events.

c. Recurrence. Events recurring more than four times in a calendar year are not considered temporary.

(Amended by Ord. No. 6654 (N.S.) adopted 9-21-83) (Amended by Ord. No. 10006 (N.S.) adopted 9-16-09) (Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

Temporary buildings for commerce or industry incidental to residential development, and temporary structures for the housing of tools, equipment, building assembly operations and supervisory offices in connection with major construction projects shall be permitted in any zone; provided such temporary buildings or structures are located within or adjacent to the development or construction site to which they are incidental.

6112 REVERSIBLE USES ON FUTURE HIGHWAY RIGHTS-OF-WAY.

Any temporary use, not involving any significant investment in buildings, structures, or other improvements may be permitted through the issuance of a Major Use Permit on a lot or parcel of land provided the Director, Department of Public Works or the District Director of the California Department of Transportation has determined that said lot or parcel will be required in its entirety at some future date for a County Highway or a State Highway. Alternatively, a Major Use Permit may be granted for any use pursuant to a bonded agreement in an amount sufficient to ensure the removal of all buildings, structures, and other improvements within a specified time and/or under specified conditions when the decision-making body finds that such agreement will carry out the intent of this Ordinance and is enforceable by the County.

(Amended by Ord. No. 8506 (N.S.) adopted 3-1-95)

Certain temporary uses as specified herein may be established within a subdivision for which a final map has been recorded, or in a proposed subdivision for which a tentative map has been approved and a final map thereof filed for approval by the Director of Public Works; or in conjunction with an individual multiple dwelling or multiple dwelling complex; solely for the marketing of dwellings, and/or lots, in the same residential development.

a. Permitted Uses. The following temporary uses may be permitted in conformance with the following standards:

1. Model homes in a number not to exceed that necessary to provide one example of each dwelling type being offered in the residential development. Reversed floor plans and exterior facade variations will not be considered as separate dwelling types. Each model home shall be erected on an individual site which conforms to a lot shown on the recorded final map or on the final map filed for approval with the Director of Public Works; meet all setback requirements of the applicable zone or, in the case of provisional reclassification, of the zone to which the property has been provisionally reclassified; and qualify in all respects for sale and residential occupancy upon termination of its use as a model home.

2. Real estate sales office facilities for the purpose of promoting the sale or rental of dwellings and/or lots, which are located only within the same residential development or proposed subdivision. The foregoing provisions of this section notwithstanding, a temporary real estate sales office facility may be located adjacent to the residential development to which it is incidental in compliance with all other provisions of this section.

3. Off-street parking facilities.

4. Children's play areas, landscaping and landscape features such as walkways, pools, benches, walls, fencing, and similar appurtenant features of a noncommercial nature.

NOTE: See Section 6268 (c.2. & e.) for related temporary on-site signage allowances and requirements, and County Code Section 86.701 et seq. for Water Conservation in Landscaping.

b. No use authorized by this section will be located, installed or operated in a manner that will have an unnecessarily adverse effect on the use and enjoyment of any property on which an occupied dwelling is located, or may be located during the duration of such authorized use.

c. Building Permits. Prior to the issuance of building permits for the temporary uses in "a" above, the following conditions shall be met:

1. When the residential development for which such temporary uses are to be constructed would constitute a subdivision, a tentative subdivision map must be approved and the final map thereof recorded; or if a final map has not been recorded, a final map must be filed with the Director of Public Works for approval and approved by said Director as to conformance to the tentative subdivision map and mathematical accuracy.

2. Appropriate zoning must be in effect for the property encompassed by the subdivision or proposed subdivision or other residential development, to accommodate the lot sizes shown on the final map and the proposed uses thereof; provided, however, that where subject property has been provisionally reclassified, lot sizes and proposed uses may conform to the zone to which such property has been provisionally reclassified.

3. Necessary sanitary facilities must be provided as required by the Director of Environmental Health.

4. The property owners shall execute and file with the County and acknowledged agreement (notarized) assuming all risks inherent in construction prior to recordation of a final map and agreeing to abide by all conditions set forth in this Section prior to the sale of any model home; further agreeing that all temporary uses permitted by this section shall be terminated not later than 30 months after issuance of building permits therefore, unless a written request for extension of time has been submitted to and approved by the Director prior to the expiration of said 30 months, and within 30 days of the expiration of said 30 months or extension thereof, all temporary uses and related improvements other than model homes, shall be completely removed from the premises and all model homes shall be restored to a condition suitable for sale for residential occupancy, including reconversion of any garage to a condition suitable for the storage of private vehicles or the provision by other means of required off-street parking spaces. In the case where the final subdivision map has not been recorded, the property owner shall further agree that in the event of a final map which includes the property whereon uses authorized by this section are located is not recorded prior to expiration of the Tentative Map, all uses and related improvements, including model homes, shall be completely removed from the premises and the site restored to a clean and safe condition within 90 days from the date of expiration of the Tentative Map. Each agreement shall also contain a statement signed by the property owner agreeing that if all uses and related improvements are not removed as herein required, they may be removed or demolished, and the site restored by the County without further notice. Prior to the erection of any model home, the property owner shall post with the Director a bond in an amount satisfactory to the Director sufficient to defray any expense incurred by the County in either the restoration or conversion of the model homes to a condition suitable for sale for residential occupancy, or in the complete removal or demolition of said uses and improvements and site restoration. The bond shall be released to the property owner or person legally entitled thereto upon satisfactory removal or conversion of the concerned facilities.

(Amended by Ord. No. 5786 (N.S.) adopted 6-4-80) (Amended by Ord. No. 6506 (N.S.) adopted 1-5-83) (Amended by Ord. No. 7110 (N.S.) adopted 4-2-86) (Amended by Ord. No. 8157 (N.S.) adopted 10-14-92) (Amended by Ord. No. 8581 (N.S.) adopted 9-20-95) (Amended by Ord. No. 8897 (N.S.) adopted 3-18-98) (Amended by Ord. No. 9690 (N.S.) adopted 12-15-04) (Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

The temporary use of a trailer coach for the following purposes may be permitted in compliance with the following conditions:

a. Business Uses.

1. Business office for a financial institution or public utility which is required, as a condition of a franchise granted by the United States, the State or a public agency, to maintain a place of business at a location at which no permanent structure suitable for the purpose is available.

2. Business office incidental to and located on a site on which a temporary carnival, circus, amusement center, Christmas tree sales or similar temporary or seasonal business is being lawfully conducted.

3. Business office or sales facility on or adjacent to a site on which construction of a permanent business office or sales facility for use of the permittee is being diligently pursued.

4. Construction office on or adjacent to any site on which a building or construction project is being diligently pursued; or for temporary offices on a site used for a borrow pit, quarry, asphalt paving plant, concrete batch plant, or mining operation for which a major use permit has been granted.

5. Political campaign office located on private property for a period not to exceed one year provided, however, such trailer shall be removed within 15 days following the next general election held after such trailer is sited.

6. Real estate sales office when the trailer coach is located on a lot or parcel of land adjacent to or within a proposed subdivision for which a Tentative Map has been approved and a final map thereof submitted to the Department of Public Works for checking to which such real estate office is incidental. Such permit may be issued to expire six months after completion of all sales but not exceed a period of three years.

7. Business office associated with the production and distribution of agricultural or horticultural products grown on the premises in zones subject to the A70, A72, S90, and S92 Use Regulations upon issuance of an Administrative Permit for a period of not to exceed five years.

8. Government service uses in accordance with the provisions of Section 6120.

b. Residential Uses.

1. Dwelling to accommodate visiting relatives for a period not to exceed thirty (30) calendar days in any calendar year on land owned or leased by the host and on which there is located a permanent dwelling occupied by the host.

2. Dwelling on land owned by the applicant on which the applicant is diligently pursuing construction under a valid building permit for the first permanent dwelling provided that the trailer coach shall maintain all setbacks required for the main building except that the Director may waive meeting the rear yard setback otherwise required by this ordinance provided such waiver is necessary to prevent interference with construction activities and the trailer will be located no closer to the rear lot line than the required interior side yard setback. However, the Director may allow an ETOP (pursuant to subsection 7) converting to a temporary occupancy permit (TOP) to remain in its previously permitted location.

3. A dwelling for temporary health care on a lot where there is a permanent single family dwelling is permitted subject to the requirements set forth below. This trailer is exclusively for temporary occupancy by either: (a) providers of health care or administration of health services which are required by an occupant of the main dwelling, or (b) relatives of an occupant of the main dwelling who require health care directed by a health services provider.

The following are requirements for health care trailer approval:

a) The health care unit shall be a trailer or mobile home not exceeding 800 square feet measured from the interior surface of the exterior walls, with adequate facilities for living, sleeping, cooking, eating, and sanitation for one or more persons.

b) The trailer shall meet main building setbacks.

c) The trailer shall be connected to existing utility systems or required expansion of said systems on site whenever possible. Where there is no connection to public sewer, prior to the issuance of the building permit, a connection to an onsite wastewater treatment system (OWTS) shall be evaluated and meet the standards of the Local Agency Management Program.

d) Prior to issuance of a building permit for a health care trailer, a Certificate of Need signed by a physician licensed to practice medicine in the State of California shall be submitted to and approved by the Director. The Certificate shall be renewed upon expiration of the permit. Initial permits and subsequent renewals shall be active for a time period determined appropriate by the licensed physician signing the Certificate of Need, with a minimum period of one year and a maximum period of five years.

e) When the health care need no longer exists, the unit shall be removed. Failure to comply is a violation of The Zoning Ordinance and may result in any or all remedies or penalties specified in the Enforcement Procedures commencing with Section 7700, including a $1,000 fine per day or six months jail sentence or both.

f) If the applicant complies with the terms of the temporary occupancy permit, then, upon removal of the trailer coach by the applicant, the full amount of any previously furnished deposit shall be refunded or security released.

4. Dwelling for security personnel on or adjacent to any site on which construction of a major residential, commercial, industrial or public works project is being diligently pursued and for which security personnel are employed.

5. Dwelling for security personnel on any site on which construction of a residential, commercial, industrial or public works project has been completed and for which security personnel are employed pending construction of permanent dwelling facilities for such security personnel.

6. Dwelling for security personnel on a site used for a borrow pit, quarry, asphalt paving plant, rock rushing plant, concrete batch plant, or mining operation for which a Major Use Permit has been granted.

7. Dwelling for displaced residents or security personnel on a site where the principal dwelling has been rendered unoccupiable by reason of an officially declared disaster or emergency relating to fire, wind, flood, earthquake or other similar circumstance. An emergency temporary occupancy permit (ETOP) for such a temporary dwelling shall expire at such time as a building permit for the repair or replacement of the principal dwelling has been issued (at which time the ETOP shall be converted to a temporary occupancy permit (TOP) pursuant to subsection b.2), or one year after the declaration date of the event causing the damage or destruction of the principal dwelling, whichever is earlier.

Prior to the expiration of the ETOP, the Director may grant one or more extensions of up to one year each upon making all of the following findings:

a) That the granting of the extension will not be detrimental to the public health, safety and welfare;

b) That there is a special circumstance or a hardship to the displaced residents;

c) That the special circumstance or hardship is not the result of the residents own actions.

c. Termination of Use.

1. When use of a trailer coach is related to a use authorized by a use permit or Administrative Permit, occupancy or use of the trailer coach shall terminate with the expiration, abandonment or revocation of the related use permit and thereafter said trailer coach shall be removed from subject property.

2. When use of a trailer coach is related to the construction of a related permanent facility, occupancy or use of the trailer coach shall terminate upon completion of construction of the permanent facility and thereafter said trailer coach shall be removed from subject property.

d. Compliance with County Code. The use and occupancy of any trailer coach shall comply with the provisions of Chapter 2, of Division 5, Title 5, of the County Code or Regulatory Ordinances relating to trailer coaches.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79) (Amended by Ord. No. 5684 (N.S.) adopted 1-16-80) (Amended by Ord. No. 6082 (N.S.) adopted 6-10-81) (Amended by Ord. No. 6654 (N.S.) adopted 9-21-83) (Amended by Ord. No. 6761 (N.S.) adopted 4-25-84) (Amended by Ord. No. 6983 (N.S.) adopted 7-03-85) (Amended by Ord. No. 7109 (N.S.) adopted 4-02-86) (Amended by Ord. No. 7110 (N.S.) adopted 4-02-86) (Amended by Ord. No. 7220 (N.S.) adopted 10-22-86) (Amended by Ord. No. 7306 (N.S.) adopted 5-20-87) (Amended by Ord. No. 7468 (N.S.) adopted 5-04-88) (Amended by Ord. No. 7482 (N.S.) adopted 5-18-88) (Amended by Ord. No. 7640 (N.S.) adopted 7-03-89) (Amended by Ord. No. 8205 (N.S.) adopted 2-03-93) (Amended by Ord. No. 8555 (N.S.) adopted 7-14-95) (Amended by Ord. No. 8962 (N.S.) adopted 9-23-98) (Amended by Ord. No. 9690 (N.S.) adopted 12-15-04) (Amended by Ord. No. 10006 (N.S.) adopted 9-16-09) (Amended by Ord. No. 10162 (N.S.) adopted 8-3-11) (Amended by Ord. No. 10204 (N.S.) adopted 3-28-12) (Amended by Ord. No. 10974 (N.S.) adopted 2-11-26)

The temporary use of buildings on private land to provide government service uses classified as Major Impact Services and Utilities may be permitted through the issuance of an Administrative Permit in compliance with the following provisions:

a. Occupancy. The temporary occupancy of buildings for government service uses shall be by the United States, the State or other governmental agency which is otherwise exempt from regulation by The Zoning Ordinance when utilizing their own property.

b. Location. Government service uses may be permitted in zones subject to the C36, C37, C38 or C40 Commercial Use Regulations.

c. Duration. The period of operation of government service uses shall not exceed five years.

d. Noticed Hearing and Findings Required. No Administrative Permit for temporary government service uses may be issued unless notice has been given in accordance with the provisions of Section 7605b. and the findings made as set forth in Section 7358.

(Added by Ord. No. 7109 (N.S.) adopted 4-02-86)

Property owned by a public school district and designated by the district as a school site may, prior to construction of actual school facilities, be used on a temporary basis for park and playground purposes provided the following conditions are met:

a. Types of Uses. Uses shall be limited to athletic and recreational activities, particularly for children, whether or not such activities are organized.

b. Term of Allowed Temporary Use. The temporary use of a public school site shall not exceed four years unless a major use permit has been approved for such use. The four year period shall run continuously from the first commencement of use under this section.

c. Hours of Operation. Activities, including setup and preparation, shall not begin prior to 8:00 a.m. nor shall they continue later than 8:00 p.m. Monday through Saturday, and 9:00 a.m. till 6:00 p.m. on Sunday.

d. Parking. Adequate off-street parking and/or alternative means of transportation shall be provided, such that allowed activities do not result in a need for on-street parking.

e. Operation and Maintenance. The school district owning or controlling the site in question shall be responsible for operating and maintaining the site and its facilities so that there are no adverse impacts on the public health, safety or neighborhood character. The District shall keep the site clean and well maintained at all times.

f. Permanent Structures. No building permits shall be issued for permanent structures for the accommodation of any temporary uses, except for fences or restroom facilities that comply with the other requirements of this ordinance.

g. All activities at the site shall comply with the County Code of Regulatory Ordinances regarding Noise Control. No amplified sound shall be allowed.

h. District Rules. The public school district shall adopt policies, rules and regulations concerning use of this section, prior to permitting any use pursuant to this section.

(Added by Ord. No. 7693 (N.S.) adopted 11-29-89)

A Certified Farmers’ Market is allowed on a legal lot provided the following conditions are met:

a. Location. A Certified Farmers’ Market shall be located on public property, property owned by a school district which is developed with a school use, within the C31, C32, C34, C35, C36, C37, C40 or C42 use regulations, or within the S88 use regulations and designated commercial in the Specific Plan. A Certified Farmers’ Market shall not be located within a private road easement or on vacant or unimproved land.

b. Duration. A Certified Farmers’ Market shall not operate on more than two days per week.

c. Hours of Operation. No activities, including setup, preparation, sales and close up, shall begin before 6:30 a.m. or continue after than 10:00 p.m. on Monday through Saturday. On Sunday the applicable hours shall be 7:30 a.m. and 6:00 p.m. respectively.

d. The sales area shall not disrupt the flow of traffic onto and off of the site.

e. The market shall have a current Certified Farmers’ Market Certificate issued by the County Agricultural Commissioner and shall comply with all applicable laws, including the applicable provisions of the Food and Agricultural Code, the applicable regulations of the California Department of Food and Agriculture and the applicable ordinances of the County.

(Added by Ord. No. 9958 (N.S.) adopted 12-10-08) (Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

A Meteorological Testing (MET) Facility is permitted as a temporary use if the following requirements are met:

a. An Administrative Permit must be obtained in accordance with the Administrative Permit Procedure commencing at Section 7050 except as specified in subsection 6123.l below. The following findings must be made prior to approval of an Administrative Permit:

1. The location, size, design, and operating characteristics of the proposed use will be compatible with adjacent uses, residents, buildings, or structures, with consideration given to:

i. Harmony in scale, bulk, coverage and density;

ii. The availability of public facilities, services and utilities;

iii. The harmful effect, if any, upon desirable neighborhood character;

iv. The generation of traffic and the capacity and physical character of surrounding streets;

v. The suitability of the site for the type and intensity of use or development which is proposed; and to

vi. Any other relevant impact of the proposed use;

2. The impacts, as described in paragraph "a.1" of this section, and the location of the proposed use will be consistent with the San Diego County General Plan; and

3. The requirements of the California Environmental Quality Act have been complied with.

b. Location. A MET Facility is prohibited on property subject to the S81 Use Regulations.

c. Notification. Notice shall be provided pursuant to Section 7060c.

d. Setback. The MET Facility shall be set back from all property lines and roads by a minimum of the distance equal to the height of structure (tower, equipment, etc.) or the applicable setback requirements of the zone, whichever is greater. The setback requirements of the zone shall apply to all components of the MET Facility including, but not limited to, a tower, guy wires, guy wire anchors and any other related equipment.

e. Minimum Spacing. The MET Facility shall be located at least 500 feet from any other MET Facility.

f. Area of Disturbance. The MET Facility shall not disturb an area more than is necessary for the base of a tower, the guy wire anchors, other authorized equipment for the Facility and/or an access road. The equipment may include sonar equipment. The entire area of disturbance shall be clearly shown on the plans.

g. Size. The MET Facility may include one temporary structure other than a tower or a sonar equipment trailer. The temporary structure is limited to 120 square feet in size including fencing and noise attenuation walls and may be used to store equipment for the MET Facility.

h. Illumination. No exterior lights are allowed on a MET Facility except as required by the Director, the Federal Aviation Administration or other government agency.

i. Height. The MET Facility shall be less than 200 feet in height.

j. Duration. The MET Facility shall not operate for more than three years from the date of approval of the Administrative Permit unless the Director grants an extension. The Director may grant an extension of time upon the applicant submitting written justification for the continued use of the facility and filing for a modification of the Administrative Permit pursuant to Section 7072. A MET Facility approved by a Use Permit may operate for the time period specified in the Use Permit. The MET Facility shall be removed within 30 days of the expiration of the three-year period specified in the Administrative Permit or the time period specified in the Use Permit.

k. Security. The operator shall provide security in the form and amount determined by the Director to ensure removal of the MET Facility. The security shall be provided to PDS prior to building permit issuance. Once the MET Facility has been removed from the property pursuant to a demolition permit to the satisfaction of the Director, the security may be released to the operator of the MET Facility.

l. A MET Facility that complies with the height designator in the height schedule of the zone in which the facility is located, is allowed with a Zoning Verification Permit if the facility meets the requirements of subsections b, d, e, f, g, h, and k of this section. The MET Facility shall be removed within three years of the Zoning Verification Permit approval date.

m. A MET Facility shall comply with all applicable fire code requirements. If a provision of section 6123 is inconsistent with an applicable fire code requirement, the fire code requirement shall take precedence.

(Added by Ord. No. 9971 (N.S.) adopted 02-25-09) (Amended by Ord. No. 10204 (N.S.) adopted 3-28-12) (Amended by Ord. No. 10261 (N.S.) adopted 5-15-13) (Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

Temporary outdoor sales, incidental to the existing commercial uses on the site, may be allowed in compliance with all of the following provisions:

a. Seasonal sales of pumpkins or Christmas trees. The establishment of a temporary sales lot for the seasonal sale of pumpkins or Christmas trees associated with a recognized holiday is allowed subject to all of the following:

1. Location. The sales lot area shall be located on a paved site with an existing commercial or industrial development within the C34, C35, C36, C37, C40, C42, M52, M54, M58 Use Regulations, or in designated commercial developments in planned developments or specific plans, unless otherwise prohibited. Sales lots are not allowed on vacant properties.

2. Duration. The period of operation shall be between October 1 and October 31 for the sale of pumpkins and between Thanksgiving and December 26 for Christmas trees. The facility shall be removed and the premises cleared of all debris and restored to the condition prior to the establishment of the sales event within 10 days after the required end of the sale.

3. Size. The sales lot area shall not exceed 10 percent of the parking area or 10,000 square feet, whichever is less and shall be located most distant from the existing commercial buildings on the property when feasible, to maintain customer parking closest to the buildings. No handicap accessible parking spaces shall be obstructed.

4. Fencing. Temporary fencing up to six feet in height around the sales lot area is allowed, providing the fencing location complies with the Section 6708.

5. Temporary Power. A permit for temporary power shall be obtained, as required by the Building Division, for sales lots requiring electrical service.

6. Lighting. All outdoor lighting, including temporary lighting, shall be in compliance with Section 6300 and with the Outdoor Lighting Regulations of the County Code.

7. Site Plan Modification, Minor Deviation or Site Plan Permit Exemption Not Required. For properties that are subject to Sections 5200, 5750, 5800 or 5900, a Site Plan Modification, Minor Deviation or a Site Plan permit exemption will not be required for temporary outdoor sales that comply with all provisions of this subsection.

8. Additional Limitations.

a) The seller shall obtain any required licenses or permits from the Sheriff pursuant to the Uniform Licensing Procedure of the County Code.

b) The sales lot area shall comply with the fire prevention standards as approved and enforced by the local Fire Protection District.

c) Temporary sanitation facilities shall be provided.

d) The temporary sales lot area shall not be used for the sale of any merchandise not directly associated with pumpkins or with Christmas trees and holiday decorations.

e) The sale of food and beverages is prohibited.

This subsection shall not authorize activities otherwise regulated pursuant to Section 6106.

b. Vehicles, Trailers or Boats. The establishment of a temporary sales lot for the sale of motorized vehicles (including new or used automobiles and recreational vehicles), trailers or boats is allowed, subject to all of the following:

1. Location. The sales lot may be located on any paved site with an existing commercial or industrial development within the C34, C35, C36, C37, C40, M54, M56 and M58 Use Regulations, or in designated commercial developments in planned developments or specific plans where Automotive and Equipment: Sales and Rentals, Light Equipment are a permitted use. Sales lots are not allowed on vacant properties.

2. Duration. The period of operation of the temporary outdoor sales shall not exceed three consecutive days every 3 months, not to exceed 12 days in a calendar year. Facilities for the temporary sale may be set up one day prior to, and taken down one day following, the three day sales period.

3. Size. The sales lot area shall occupy only the parking spaces that are in excess of the minimum number required for the existing uses on the property and shall be located most distant from the existing commercial buildings on the property, when feasible. No handicap accessible parking spaces shall be obstructed.

4. Temporary Power. A permit for temporary power shall be obtained, as required by the Building Division, for sales lots requiring electrical service.

5. Temporary Lighting. All outdoor lighting, including temporary lighting, shall be in compliance with Section 6300 and with the Outdoor Lighting Regulations of the County Code.

6. Site Plan Modification or Minor Deviation Required. For properties that are subject to the provisions of Section 7150, a Modification or Minor Deviation to an existing Site Plan will be required for temporary outdoor sales pursuant to this subsection, unless a Site Plan permit exemption is granted pursuant to Section 7156.

7. Additional Limitations.

a) The temporary outdoor sales event shall conform to all applicable provisions of state law, including all requirements of the Department of Motor Vehicles.

b) The sales lot area shall comply with the fire prevention standards as approved and enforced by the local Fire Protection District.

c) Temporary sanitation facilities shall be provided.

d) Sales of vehicle parts or accessories, food and beverages, or any other items are prohibited.

(Added by Ord. No. 10035 (N.S.) adopted 1-27-10) (Amended by Ord. No. 10162 (N.S.) adopted 8-3-11) (Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

Temporary commercial motion picture production, television production (including commercials), still photography and related activities on public or private property (excluding public road rights- of-way), for occasional commercial filming on location, subject to the following:

a. All commercial filming activities shall be conducted under the auspices of the Chief Administrative Office. A Certificate of Insurance indemnifying the County of San Diego as an additional insured, shall be provided.

b. Prohibited activities:

i. Any filming activity that creates a substantial risk of injury to persons, damage to property or a significant degradation of the environment or that is contrary to the public health, safety or welfare, including but not limited to, disruption of emergency access to surrounding properties.

ii. Any filming activities that violate any applicable County codes including, but not limited to, the Grading Ordinance, Noise Ordinance or Resource Protection Ordinance.

c. Limitations. On properties where commercial filming activities are the principal use of the property or structures, the use shall not be considered temporary and shall be subject to all applicable provisions of the Zoning Code.

d. Exempted activities. The filming, videotaping or production of current news which includes reporters, photographers or cameramen employed by a newspaper, news service, broadcasting station or similar entity engaged in on-the-spot broadcasting of news events, or the filming or videotaping of motion pictures solely for private family use, shall be exempt from these provisions.

(Added by Ord. No. 10095 (N.S.) adopted 12-8-10) (Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

a. Location.

1. Mobile Commercial Butchering operations shall be located within commercial, industrial, agricultural or special purpose zones where either the Food and Beverage Retail Sales use type is allowed or where the Packing and Processing: Limited or General use types are allowed.

2. Mobile Custom Butchering operations shall be located on a property where the livestock was raised, or another nearby property under the same ownership, where the Packing and Processing: Limited or General use types are allowed.

b. Setback. The trailer or vehicle where the mobile butchering occurs shall be located outside the setback requirements of the zone or at least 25 feet from the nearest property line, whichever is greater.

c. Duration. Mobile butchering shall not operate on more than 6 times per year and not more than 3 consecutive days on the same property or property within 1 mile of another property used for mobile butchering by the same owner.

d. Hours of Operation. No activities, including setup, preparation, and slaughtering or butchering shall begin before 7 a.m. or continue later than 8:00 p.m. on Monday through Saturday. On Sunday the applicable hours shall be 9 a.m. and 6:00 p.m., respectively.

e. The Mobile Butchering operation shall be registered with the USDA and shall comply with all applicable federal and state laws and/or guidelines.

f. All remains (carcasses, blood, etc.) of animals slaughtered shall be disposed of off-site in compliance will all applicable state and local laws. No accumulation of animal matter in which fly larvae exist or any accumulation of filth or source of foulness hazardous to health or comfort of people is allowed.

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

A Fishermen’s Market is allowed on a legal lot provided the following conditions are met:

a. Location. A Fishermen’s Market shall be located on public property, property owned by a school district which is developed with a school use, within the C31, C32, C34, C35, C36, C37, C40 or C42 use regulations, or within the S88 use regulations and designated commercial in the Specific Plan. A Fishermen’s Market shall not be located within a private road easement or on vacant or unimproved land.

b. Duration. A Fishermen’s Market shall not operate on more than two days per week.

c. Hours of Operation. No activities, including setup, preparation, sales and close up, shall begin before 6:30 a.m. or continue after than 10:00 p.m. on Monday through Saturday. On Sunday the applicable hours shall be 7:30 a.m. and 6:00 p.m. respectively.

d. The sales area shall not disrupt the flow of traffic onto and off of the site.

e. The market shall comply with all applicable laws, including the applicable provisions of the Food and Agricultural Code and the Health and Safety Code, and all applicable requirements of the Department of Environmental Health.

f. A Fishermen’s Market may operate at the same time and location as a Certified Farmers’ Market, provided each Market meets all applicable requirements of state codes and local ordinances.

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

a. a. Temporary cannabis events shall comply with Title 2, Division 1, Chapter 25 of the San Diego County Code of Regulatory Ordinances and may be allowed subject to all application and license requirements in Section 21.2534 relating to Temporary Cannabis Events.

b. Location. Temporary cannabis events may be held on private property in C35, C36, C37, C38, C40, M50, M52, M54, M56, and M58 zones. Temporary cannabis events must be setback 600 feet from residential zones, and cannabis sensitive uses as defined in Section 6995.e.4.i. Temporary cannabis events shall not be allowed at a cannabis facility.

c. Duration. A temporary cannabis event license shall only be issued for up to four consecutive days, consisting of no more than two days of operation and two days for set-up and breakdown/cleanup. The hours of operation for the event shall be no earlier than 10 a.m. and no later than 10 p.m.

d. Allowed Number of Events. A maximum of six temporary cannabis events shall be allowed per calendar year on each legal lot that is approved to host a temporary cannabis event.

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

6150 TITLE AND PURPOSE.

The provisions of Section 6150 through 6199, inclusive, shall be known as the Accessory Use Regulations. The purpose of these provisions is to establish the relationship among the principal and accessory uses and the criteria for regulating accessory uses.

6152 ACCESSORY USES ENCOMPASSED BY PRINCIPAL USE.

In addition to the principal uses expressly included in the Use Regulations, each zone subject to such Use Regulations shall be deemed to include such accessory uses which are specifically identified by these Accessory Use Regulations; and such other accessory uses which are necessarily and customarily associated with, and are appropriate, incidental and subordinate to, such principal uses. When provided by these regulations, it shall be the responsibility of the Director to determine if a proposed accessory use is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to the principal use, based on the Director's evaluation of the resemblance of the proposed accessory use to those uses specifically identified as accessory to the principal uses and the relationship between the proposed accessory use and the principal use. Such determinations which are made by the Director shall be subject to the Administrative Appeal Procedure commencing at Section 7200. It shall be unlawful to establish or maintain any accessory use and/or accessory structure on any lot where there is no lawfully established principal use on the same lot.

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

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

6156 RESIDENTIAL AND AGRICULTURAL USE TYPES.

Subject to the restrictions and limitations specified, the following accessory buildings and uses shall be permitted in zones where Residential and Agricultural Use Types are permitted:

a. Attached Private Garages and Carports, Storage Buildings, Workshops, Hobby Shops, and other similar non-habitable uses.

1. The total area allowed on a lot shall be limited to 25% of the living area of principal residence, or as follows, whichever is greater:

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)

6200 TITLE AND PURPOSE.

The provisions of Section 6200 through Section 6249, inclusive, shall be known as the Off-Premise Sign Regulations. It is the purpose of these provisions to establish a comprehensive system for the regulation of off-premise signs. It is intended that these regulations impose reasonable standards on the number, size, height and location of off-premise signs, and sign structures and facilitate the removal or replacement of nonessential off-premise signing, in order to prevent and relieve needless distraction and aesthetic clutter resulting from excessive and confusing sign displays; to promote traffic safety; to safeguard and enhance property values; and to promote the public safety and general welfare. It is further intended that these regulations provide one of the tools essential to the preservation and enhancement of the environment, thereby protecting an important aspect of the economy of the County which is instrumental in attracting those who come to visit, vacation and trade. In communities subject to community design review, scenic and/or historic preservation programs, these sign regulations are intended to enhance such programs.

The provisions contained within these sections have been determined to be the least burdensome that will satisfy the intended purposes of the Off-Premise Sign Regulations.

(Amended by Ord. No. 6691 (N.S.) adopted 11-30-83) (Amended by Ord. No. 8028 (N.S.) adopted 1-15-92)

The following types of off-premise signs shall be exempt from these regulations except that signs pertaining to a time, event or purpose shall be considered abandoned signs upon termination of the event or purpose for which installed and shall be abated pursuant to Section 6214:

a. Directional, warning or informational signs required or authorized by law that are erected by federal, state, county or municipal officials.

b. Official notices issued by a court or public body or office and posted in the performance of a public duty.

c. Danger signs, railroad crossing signs and signs of public utility companies indicating danger and aids to service or safety.

d. In areas where street or residential neighborhood identification or house numbering is inadequate, not more than 2 signs not over four square feet, or for a neighborhood, not over 18 square feet, providing directional and/or address information to property, residences, or neighborhoods.

e. Flags, emblems and insignia of a nation or political subdivision.

f. Commemorative signs or plaques of historical organizations.

g. Signs on public transportation vehicles regulated by a political subdivision, including but not limited to buses and taxicabs.

h. Signs on licensed commercial vehicles.

i. Signs that are not intended to be viewed from public streets and are not legible therefrom nor from adjacent properties, such as signs in interior areas of shopping centers, commercial buildings and structures, ball parks, stadiums, race tracks, and similar uses of a recreational or entertainment nature.

j. Signs on the back of benches at transit stops located in the public right-of-way, providing that:

1. The sign face is not more than 24 inches in height and 6 feet in length;

2. The sign is not located in areas subject to the Scenic Area Regulations; and

3. The placement, construction, design and materials for transit benches are in compliance with Board of Supervisors' Policy J-31. Compliance will be administered and enforced by the Department of Public Works. When applicable, an encroachment permit must be obtained from the Department of Public Works.

k. Signs on transit shelters at transit stops located in the public right-of-way, provided that:

• 1. The transit shelters are restricted to two advertising panels;
• 2. Each advertising panel does not exceed four feet in width nor six feet in height;
• 3. No advertising is placed on the roof of the shelter;

4. No portion of any sign extends over eight feet above the ground upon which the shelter is placed;

5. Sign lighting is limited to back lighting of translucent advertising panels;

6. The shelter is not located in an area subject to the Scenic Area Regulations; and;

7. The placement, construction, design and materials for transit shelters are in compliance with Board of Supervisors' Policy J-31. Compliance will be administered and enforced by the Department of Public Works. When applicable, an encroachment permit must be obtained from the Department of Public Works.

l. Scenic Area and Historic Preservation District Area directional and identification signs subject to Site Plan review.

m. Seasonal decorations not defined in Section 6207 and permitted by the Director, Department of Public Works, in accordance with Section 51.123 of the San Diego County Code.

n. In each instance and under the same conditions as this Chapter permits any sign, a sign containing an ideological, political or other non-commercial message and constructed to the same physical dimensions and characteristics shall be permitted.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79) (Amended by Ord. No. 6691 (N.S.) adopted 11-30-83) (Amended by Ord. No. 6855 (N.S.) adopted 10-10-84) (Amended by Ord. No. 7169 (N.S.) adopted 7-09-86) (Amended by Ord. No. 8028 (N.S.) adopted 1-15-92) (Amended by Ord. No. 8406 (N.S.) adopted 5-18-94) (Amended by Ord. No. 9472 (N.S.) adopted 5-15-02) (Amended by Ord. No. 10322 (N.S.) adopted 1-29-14)

Portable off-premise signs shall be prohibited; provided, however, that portable off-premise signs advertising temporary events may be permitted by Administrative Permit for a period not to exceed 60 days.

(Amended by Ord. No. 6691 (N.S.) adopted 11-30-83)

6205 OFF-PREMISE SIGNS.

Off-premise signs may be erected, constructed, placed or maintained only in the locations specified herein and in accordance with an Administrative Permit. No application shall be accepted which is not accompanied by evidence of current approval by the applicable section of the Outdoor Advertising Act, Division 3 of the Business and Professions Code, State of California.

a. Permitted Locations: Off-premise signs may be placed only in the following locations, unless otherwise prohibited:

1. On a lot or parcel in zones subject to the C37, C38, M54 and M58 Use Regulations.

b. Prohibited Locations. Off-premise signs are not permitted in any of the following locations:

1. In any zone subject to the Community Design Review Area Regulations (Section 5750 et seq.), Scenic Area Regulations (Section 5200 et seq.) or Historic/Archaeological Landmark and District Area Regulations (Section 5700 et seq.) of the Zoning Ordinance.

2. In any area that is located within the California Coastal Zone.

3. Within 300 feet of any residential zone having frontage on the same street.

4. Upon, projected over, or supported in whole or in part, by or painted onto, any portion of a building; or situated on or attached in any manner to a wall or fence.

5. Upon or over the right-of-way of any public street.

c. Setbacks. Off-premise signs with an area per face of more than 32 square feet shall conform to all street frontage setback requirements of the zone in which located. No sign shall be located within the setback for an established official centerline route per Section 4815.

d. Sign Area. Signs may be single-faced or double-faced with a maximum area per face of 300 square feet.

e. Height.

1. No portion of any sign or sign structure shall exceed a height of 25 feet.

2. All signs shall maintain a minimum clearance of 8 feet between the lowest extremity of the sign and the highest ground elevation directly thereunder.

f. Spacing. Signs shall be located no closer than 500 feet from any other off-premise sign; said distance to be measured on a direct line between signs on the same street and measured along right-of-way lines for signs on intersecting streets.

g. Construction. Double-faced signs, unless otherwise specified, shall be so constructed that the area and perimeter of both faces coincide and are back-to-back in parallel planes not more than 24 inches apart. Supporting members of signs with an area per face greater than 128 square feet will be constructed of noncombustible materials.

h. Appearance and Maintenance. Signs shall be maintained as required to assure a well-kept appearance free from graffiti and cracking or peeling paint. The back of single faced signs visible from adjacent property or a public road shall be solid painted or stained in subdued colors or shall be screened from view.

i. Lighting. Signs may be illuminated unless otherwise specified, provided such signs are so constructed that no light bulb, tube, filament or similar source of illumination is visible beyond the property lines. Signs making use of lights to convey the effect of movement, or flashing, intermittent or variable intensity lighting shall not be permitted. This restriction shall not apply to signs which convey information such as time, temperature, or weather.

j. Movement. No sign shall move or rotate, nor display any moving and/or rotating parts. Wind propellers and other noise creating devices shall not be permitted.

k. Attention Attracting Devices. Flags, banners, pennants, spinners, streamers and similar devices may not be attached to an off-premises sign.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79) (Amended by Ord. No. 6691 (N.S.) adopted 11-30-83) (Amended by Ord. No. 6743 (N.S.) effective 1-11-85) (Amended by Ord. No. 7169 (N.S.) effective 7-09-86) (Amended by Ord. No. 8028 (N.S.) adopted 1-15-92) (Amended by Ord. No. 8114 (N.S.) adopted 7-29-92) (Amended by Ord. No. 9472 (N.S.) adopted 5-15-02) (Amended by Ord. No. 10162 (N.S.) adopted 8-3-11) (Amended by Ord. No. 10322 (N.S.) adopted 1-29-14)

The regulations generally applicable to off-premises signs set forth in Sections 6204 and 6205 shall not be applicable to special purpose off-premises signs. Special purpose off-premise signs may be constructed, placed and maintained in accordance with the following regulations:

a. General Standards Applicable to Special Purpose Off-Premise Signs.

1. Spacing. Signs shall be located no closer than 300 feet from any other special purpose off-premise sign unless otherwise specified in this section; said distance to be measured on a direct line between signs on the same street and measured along right-of-way lines for signs on intersecting streets.

2. Setbacks. No portion of any sign shall extend beyond private property lines into the street right-of-way, except as permitted pursuant to subsections b.2, b.3, b.6, or b.7, or Chapter 1 of Division 1 of Title 5 of the San Diego County Code commencing with Section 51.101.

3. Prohibitions. Signs are prohibited in any zone subject to Scenic Area Regulations or Historic/Archaeological Landmark and District Area Regulations, except scenic or historic site directional wayfinding signs, community information signs or community identification signs subject to Site Plan review. For signs to be located within a street right-of-way, the zone shall be considered that of the abutting parcel closest to the sign location. For street spanning banners or other sign installations where the closest abutting parcels have different zones, the more restrictive zone as determined by the Director, Planning and Development Services, shall apply.

b. Special Purpose Off-Premise Sign Types.

1. Temporary Real Estate Directional Signs

Off-premise signs providing direction to new residential, commercial or industrial development are allowed if the following requirements are met:

i. Size. Signs located within the California Coastal Zone and all Residential Zones shall be limited to 16 square feet. The maximum size in all other areas/zones shall be 32 square feet.

ii. Height. Signs shall not exceed the following heights:

0 to 16 square feet = 8 feet

17 to 32 square feet = 12 feet

iii. Location. Signs shall not be permitted upon, projected over, or supported in whole or in part, by or painted onto, any portion of a building; or situated on or attached in any manner to a wall or fence.

iv. Grouping. Not more than two temporary real estate directional signs may be permitted on a lot or parcel, each relating to a different development. Each sign shall have an area of 32 square feet or less, and shall be grouped so as to present a unified appearance (i.e., uniform height and configuration). No signs shall be less than five feet apart. No sign in such group shall be located within 300 feet of any other off-premise sign that is not part of the group, said distance to be measured in the manner specified in Section 6207(b)5.

v. Number of Signs. The maximum number of signs shall be limited to 4 for each development.

vi. Distance from Development. Signs shall not be located more than three air miles from the advertised development within the Coastal Zone and 5 miles in all other unincorporated areas. Signs located within the Coastal Zone may only advertise developments within the Coastal Zone.

vii. Construction. Double-faced signs shall be so constructed that the area and perimeter of both faces coincide and are back to back in parallel planes at a distance not to exceed 24 inches apart.

viii. Sign Copy. Copy shall be limited to name of the development and the developer; size, type, address, telephone number and price range of properties being offered and directional information.

ix. Lighting. Signs shall not be illuminated.

x. Appearance and Maintenance. Signs shall be maintained as required to assure a well-kept appearance free from graffiti and cracking or peeling paint. The back of single faced signs visible from adjacent property or a public road shall be solid painted or stained in subdued colors or shall be screened from view.

xi. Movement. No sign shall move or rotate, nor display any moving and/or rotating parts. Wind propellers and other noise creating devices shall not be permitted.

xii. Time Limit. Temporary Real Estate Directional Signs are allowed for a period not to exceed 2 years.

2. Community Identification Signs. Community Identification Signs are permitted to identify a community, its civic, fraternal, and religious organizations, and its community slogan or motto, if the following requirements are met:

i. Number and Location. Not more than one sign may be located along any principal approach route to community village areas as delineated by the General Plan. Community Identification Signs installed in the public right- of-way shall be installed entirely within County of San Diego General Plan Mobility Element Roads rights-of-way.

ii. Area and Height. Community Identification Sign area and height are subject to the following restrictions:

(a) Area: A ground-mounted sign may be single-faced or doublefaced with no face to exceed an area of 100 square feet. A street- spanning sign located in the public right-of-way may be single-faced or doublefaced with no face to exceed an area of 225 square feet.

(b) Height: A street-spanning sign located in the public right-of-way may be allowed up to a height of 30 feet in order to provide a 16 foot minimum clearance between the lowest extremity of the sign and the highest ground elevation directly below. Ground-mounted signs shall not exceed a height of 20 feet.

iii. Movement. With the sole exception of a clock, no part of any sign shall move or rotate, nor display any moving and/or rotating parts. The sign shall not include changeable copy or lights used to convey any messages or convey the effect of movement, or flashing, intermittent or variable intensity lighting.

iv. The applicable community or sponsor group shall review the location to ensure that it is placed at the entrance of the community.

v. Site Plan. Obtain Site Plan permit prior to installation and modification of Community Identification Signs. Waivers, exemptions or exceptions to the Site Plan review process shall not be granted. Repair or replacement of community identification signs in a manner that substantially conforms to the approved Site Plan or complete removal of community identification signs shall not require subsequent Site Plan review. A site plan permit, an encroachment permit and a construction permit shall be obtained prior to installation of any Community Identification Sign in the public right-of-way.

vi. No advertising messages, including business or corporate names, shall be allowed on Community Identification Signs.

3. Directional Wayfinding Signs. Directional Wayfinding Signs are a network of uniform directional signs to identify and provide directional information along County maintained General Plan Mobility Element roads to local points of interest which are of a civic, cultural, visitor oriented or recreational nature. A site plan permit, an encroachment permit and a construction permit shall be obtained prior to installation of any Directional Wayfinding Sign.

i. Number and Location. Directional Wayfinding Signs may be placed no more than 5 miles from the destination. Directional Wayfinding Signs shall be installed entirely within County of San Diego General Plan Mobility Element Road right-of-way. No more than 50 Directional Wayfinding Signs may be used in any community planning area. Directional Wayfinding Signs shall not direct motorists off of any County maintained General Plan Mobility Element road.

ii. Point of Interest. Points of Interest eligible for Directional Wayfinding Signs must be open to the general public and be for one of the following types of destinations:

(a) Civic Oriented: Business districts, town centers, fair grounds, and event centers that promote a community.

(b) Cultural: Performing arts centers, concert halls, exhibit centers, live theatres or other venues open to the public for viewing art or crafts.

(c) Educational: Zoos, botanical gardens, nature centers, science centers and other facilities that provide educational opportunities.

(d) Historic: Any structures listed on the National Register of Historic Places and open to the public for guided tours.

(e) Recreational: Areas open to the general public for sporting events and leisure activity such as hiking, boating, fishing, pick nicking and public golf courses offering at least 9 standard holes of play.

(f) Museum: Facility open at least 100 days per year in which works of artistic, historical or scientific value are exhibited.

(g) Winery/Brewery District: The center of a region or district containing at least two state licensed wineries or breweries that are open to the public at least 100 days per year for guided tours, tasting or sales.

(h) Transportation: Facilities providing regular transportation by air or charter vehicle to at least 1,000 passengers per year.

iii. Spacing.

(a) Signs shall be a minimum of 500 feet apart, measured along the right-of-way.

(b) Signs shall be installed between 150 and 400 feet of the closet intersection where motorists must make a decision to turn or continue on a path to arrive at a Point of Interest.

(c) Each Point of Interest may be designated on no more than 4 Directional Wayfinding Signs.

iv. Area, Height and Dimensions. Each sign shall be single-faced or double- faced with no face to exceed 32 square feet. The bottom most portion of each sign shall be 7 feet above the ground. Each sign shall contain up to six destination shingles. The total area of the sign shall assume six shingles have been placed when calculating total sign area.

(a) Each destination shingle shall be an interchangeable sign no more than 1 foot high by 4 feet wide. Each destination shingle shall contain one directional arrow pointing left, right or forward.

(b) Each destination shingle may contain one line of information with letters no more than 6 inches tall and 3 inches wide generally descriptive of the destination.

(c) Each destination shingle may indicate the distance to the destination in miles.

(d) No more than one shingle shall be provided on any one sign for each Point of Interest

v. Design. All signs within a Community Planning Area shall contain a consistent color and design theme, as approved by the Design Review Board or Community Planning or Sponsor Group. Signs shall not contain a scrolling or variable message, moving parts or be illuminated.

vi. Site Plan. Obtain Site Plan permit for installation and modification of Directional Wayfinding Signs. Waivers, exemptions or exceptions to the Site Plan review process shall not be granted. Repair or replacement of Directional Wayfinding Signs or destination shingles in a manner that substantially conforms to the approved installation or complete removal of Directional Wayfinding Signs shall not require subsequent Site Plan review.

vii. Advertising Prohibited. No advertising messages or slogans shall be allowed on Directional Wayfinding Signs. The name of a business when descriptive of the Point of Interest is allowed.

4. Temporary Open House Directional Signs. Temporary Open House Directional Signs are off-premise signs providing directions to an existing individual dwelling that is offered for resale. Such signs are permitted if the following conditions are met:

i. Display shall be limited to daylight hours, after which time the signs shall be removed.

ii. Placement shall be only on private property, not in public road rights-of- way, and shall be subject to the property owner's permission.

iii. Signs shall be limited to no larger than four square feet in area.

iv. No more than one such sign shall be placed on any parcel, except for corner lots which may have one such sign on each street frontage.

v. Sign copy shall state "Open House" and, in addition shall be limited to the name and phone number of the person and/or agency offering the property for sale, the address of or direction to the property, and a directional arrow.

vi. Signs must be related to an individual dwelling that is offered for resale only.

5. Commercial or Industrial Center Identification Signs. Upon issuance of an Administrative Permit, freestanding or monument signs may be authorized to identify a multi-tenant commercial or industrial center, and/or its tenants which are on more than one contiguous lot or parcel. If the sign is proposed in an area having zoning that requires Site Plan review of such signs, then no Administrative Permit is required. The following requirements shall be met:

i. Location. Commercial or Industrial Center Identification Signs may be located within the boundaries of a commercial or industrial center that can visually and functionally be identified as a unified development.

ii. Number, Area, Height and other standards. Commercial or Industrial Center Identification Signs may be substituted for on-premise signs normally permitted by Section 6263, provided they comply with the sign standards that would apply to such on-premise signs.

iii. Site Plan. Obtain any required Site Plan permit, or Site Plan permit exemption.

6. Neighborhood and Business Watch Program Signs. Neighborhood Watch and Business Watch Program Signs installed as part of a County Sheriff’s Department or other federal, state or local police force program to deter crime.

i. Size.

(a) Neighborhood Watch Signs. Neighborhood Watch Signs may be installed within areas zoned and developed for residential use. The signs shall be no more than 18 inches wide and 24 inches tall.

(b) Business Watch Signs. Business Watch Signs may be installed in areas zoned and developed for commercial, retail, office or industrial uses. The signs shall be no more than 18 inches wide by 24 inches tall.

ii. Location and Height. Signs shall be mounted at right angles to the road right-of-way. Signs shall be mounted at least 10 feet above the ground on poles approved by the Director of Public Works. Neighborhood and Business Watch Program Signs that are not located entirely on private property shall be installed entirely within County of San Diego road right-of- way. An encroachment permit shall be required for signs installed within County maintained right-of-way.

iii. Design. Signs shall be subject to approval by the Director of Public Works

7. Temporary Community Event Banners. Banners to announce or promote a community, cultural, or civic event open to the general public or of general public interest such as a street fair or parade may be located within the right-of-way of a County maintained road identified on the Mobility Element of the General Plan. The banners may be either Street Spanning Banners or Vertical Pole Mounted Banners. Banners shall not be used for commercial advertising for the sale or promotion of goods or services.

i. Horizontal Street Spanning Banners.

(a) Size. Streets Spanning Banners may be up to 4 feet high and no wider than the traveled lanes up to a maximum of 70 feet. Banners may not be illuminated.

(b) Height. The lowest portion of the Street Spanning Banner shall be at least 19 feet above the highest portion of the road right-of-way where vehicles may travel. Supporting cords or other elements of the banner shall be at least 10 feet above the ground if located outside the portion of the right-of-way where vehicles travel.

(c) Location. Street Spanning Banners may only be attached to poles located entirely within the County maintained right-of-way. Street spanning banners shall be limited to village areas designated by the General Plan. Attaching banners to trees, utility poles, vehicles, or other structures not designed to accommodate the banners is prohibited. An encroachment permit shall be obtained prior to installation of any Horizontal Street Spanning Banners. A construction permit shall be obtained prior to installation of any Horizontal Street Spanning Banner pole.

(d) Duration: Banners shall be installed no more than 30 days before the community event and shall be removed within 7 days after the event.

(e) Number of Signs. No more than 1 Street Spanning Banner shall be allowed in each village.

(f) Design. Street Spanning Banners must include the name, date and location of the event. The banners shall be subject to approval of the Director, Department of Public Works, and shall be made from durable material that is capable of withstanding at least a 60 MPH wind without tearing, breaking away or collapse. The banners may be double sided and may include graphic designs, images or art relating to the event. The name and logo of sponsors shall be limited to 20% of the area of the sign. Signs shall not be illuminated.

(g) Site Plan. Obtain Site Plan permit for installation and modification of banner and permanent banner poles. Waivers, exemptions or exceptions to the Site Plan review process shall not be granted. Repair or replacement of event banners in a manner that substantially conforms to the approved installation or complete removal of banners shall not require subsequent Site Plan review.

ii. Vertical Pole Mounted Banners.

(a) Size.

(1) On poles 20 feet in height or taller, the banners shall be 30 inches wide by 72 inches tall.

(2) On poles of less than 20 feet in height, the banners shall be 24 inches wide by 60 inches tall.

(b) Height. The bottom most edge of all banners shall be a minimum of 10 feet above the highest point of the grade below; except, that if any part of the banner extends over the edge of a travel way where vehicles may drive, the bottom most edge of the banner shall be at least 19 feet above the surface of the travel way.

(c) Location. Vertical Pole Mounted Banners may be installed on street light poles maintained by the San Diego County Street Lighting District within the right-of-way of Mobility Element Roads in village areas identified in the General Plan. An encroachment permit shall be obtained prior to installation of any Vertical Pole Mounted Banners.

(d) Duration: Banners shall be installed no more than 30 days before the community event and shall be removed within 7 days after the event. Community oriented banners generally identifying the community or neighborhood may be installed as placeholder banners between community events.

(e) Number of Signs and Spacing. No more than 50 light poles for a total of 100 banners (up to 2 side-by-side banners per pole) may be used for banner installations for any one event. Minimum spacing as described in 6207.a.1 does not apply.

(f) Design. The banners shall be subject to approval of the Director, Department of Public Works, and shall be made from durable material that is capable of withstanding at least a 60 MPH wind without tearing, breaking away or collapse. The banners may be double sided and may include graphic designs, images or art relating to the event. The name and logo of sponsors shall be limited to 20% of the area of the sign. Banners shall not be illuminated.

(g) Attachment. Banners shall be installed with a top and bottom hanging bracket system as approved by the Director of the Department of Public Works.

(h) Site Plan. Obtain Site Plan permit for installation and modification of banner or banner pole locations. Waivers, exemptions or exceptions to the Site Plan review process shall not be granted. Repair or replacement of banners on approved poles in a manner that substantially conforms to the approved installation or complete removal of banners shall not require subsequent Site Plan review.

8. Community Information Signs. Community Information Signs are permitted to identify community events and enhance community character if the following requirements are met:

i. Number and Location. Not more than four signs may be located in a village area as delineated in the General Plan. Community Information Signs shall be installed entirely within County of San Diego General Plan Mobility Element Road right-of-way. Signs shall not be located within 500 feet of intersections. A site plan permit, an encroachment permit and a construction permit shall be obtained prior to installation of any Community Information Sign.

ii. Area and Height. Each sign shall be single-faced or double-faced with no face to exceed 32 square feet. Each sign shall contain up to six changeable community event shingles. The total area of the sign shall assume six shingles have been placed when calculating total sign area.

(a) Each event shingle shall be an interchangeable sign no more than 1 foot high by 4 feet wide.

(b) Each event shingle may contain one or more lines of information with letters no more than 6 inches tall and 3 inches wide.

(c) No more than one shingle shall be provided on any one sign for each event.

(d) Each shingle may only specify the name, location, date and time of an event. The event must be open to the public and have an anticipated attendance of at least 200 people. Blank placeholder shingles are allowed when no community events are scheduled.

iii. Movement. No part of any sign shall move or rotate, nor display any moving and/or rotating parts. The sign shall not include changeable copy or lights used to convey any messages or convey the effect of movement, or flashing, intermittent or variable intensity lighting.

iv. Design. The applicable community or sponsor group shall review the location to ensure that it is placed at community centers. All signs within a Community Planning Area shall contain a consistent color and design theme, as approved by the Design Review Board or Community Planning or Sponsor Group.

v. Site Plan. Obtain Site Plan permit for installation and modification of Community Information Signs. Waivers, exemptions or exceptions to the Site Plan review process shall not be granted. Repair or replacement of Community Information Signs in a manner that substantially conforms to the approved Site Plan or complete removal of Community Information Signs shall not require subsequent Site Plan review.

vi. No advertising messages, including business or corporate names, shall be allowed on Community Information Signs.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79) (Amended by Ord. No. 5786 (N.S.) adopted 6-4-80) (Amended by Ord. No. 6389 (N.S.) adopted 7-7-82) (Amended by Ord. No. 6506 (N.S.) adopted 1-5-83) (Amended by Ord. No. 6691 (N.S.) adopted 11-30-83) (Amended by Ord. No. 6761 (N.S.) adopted 4-25-84) (Amended by Ord. No. 6864 (N.S.) adopted 11-07-84) (Amended by Ord. No. 7169 (N.S.) adopted 7-09-86) (Amended by Ord. No. 7658 (N.S.) adopted 08-02-89) (Amended by Ord. No. 8028 (N.S.) adopted 1-15-92) (Amended by Ord. No. 8114 (N.S.) adopted 7-29-92) (Amended by Ord. No. 8555 (N.S.) adopted 7-14-95) (Amended by Ord. No. 8962 (N.S.) adopted 9-23-98) (Amended by Ord. No. 9101 (N.S.) adopted 12-8-99) (Amended by Ord. No. 9472 (N.S.) adopted 5-15-02) (Amended by Ord. No. 9935 (N.S.) adopted 4-23-08) (Amended by Ord. No. 10204 (N.S.) adopted 3-28-12) (Amended by Ord. No. 10322 (N.S.) adopted 1-29-14)

An Administrative Permit may be issued as provided by the Procedure at Section 7050 and pursuant to these regulations. The application for an Administrative Permit shall include the written consent of the owner, lessee, or other person having legal possession of the property upon which a sign is to be situated and shall be accompanied by the fee fixed pursuant to Section 7602.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79) (Amended by Ord. No. 6506 (N.S.) adopted 1-5-83) (Amended by Ord. No. 6691 (N.S.) adopted 11-30-83) (Amended by Ord. No. 9472 (N.S.) adopted 5-15-02)

Issuance of Administrative Permits does not eliminate the need for obtaining a building permit pursuant to the Uniform Building Code.

(Amended by Ord. No. 6691 (N.S.) adopted 11-30-83) (Amended by Ord. No. 9472 (N.S.) adopted 5-15-02)

6212 ISSUANCE OR DENIAL

The Director or whomever is charged with permitting a particular sign pursuant to this Zoning Ordinance shall, within sixty (60) days of the filing of a complete permit application, approve and issue the permit if the standards and requirements of this part have been met, unless the time is mutually extended by the parties. No action by the Director within 60 days shall constitute a denial. All signs to be installed within County maintained road right-of-way are subject to the requirements and timeframe to obtain an encroachment permit from the Director, Department of Public Works, as specified in Title 7, Division 1, commencing with Section 71.101 of the San Diego County Code.

(Amended by Ord. No. 6506 (N.S.) adopted 1-5-83) (Amended by Ord. No. 6691 (N.S.) adopted 11-30-83) (Amended by Ord. No. 7169 (N.S.) adopted 7-09-86) (Amended by Ord. No. 9472 (N.S.) adopted 5-15-02) (Amended by Ord. No. 10222 (N.S.) adopted 9-25-12. Opr. 11-26-12) (Amended by Ord. No. 10322 (N.S.) adopted 1-29-14)

Notwithstanding the Nonconformity Regulations commencing at Section 6850 every sign that does not conform to these regulations shall be deemed to be nonconforming and shall be removed, or altered to conform with these regulations as follows:

a. Illegal/Abandoned Signs. Illegal and/or abandoned signs shall be removed or brought into conformance immediately.

b. Signs in residential and agricultural zones. Nonconforming signs located on property subject to Residential Use Regulations or Agricultural Use Regulations shall be removed without compensation in accordance with Section 5412.1 and 5412.3, respectively, of the California Business and Professions Code.

(Amended by Ord. No. 5786 (N.S.) adopted 6-4-80) (Amended by Ord. No. 6506 (N.S.) adopted 1-5-83) (Amended by Ord. No. 6691 (N.S.) adopted 11-30-83) (Amended by Ord. No. 7169 (N.S.) adopted 7-09-86) (Amended by Ord. No. 9472 (N.S.) adopted 5-15-02)

In the event a nonconforming sign is not removed or brought into compliance, or a sign is constructed or maintained in violation of these regulations, the Director shall order such sign to be abated by the owner thereof, or by the owner of the premises upon which it is located, or by any other person responsible for the sign by notice in the form of registered mail. If the Director orders the abatement of any nonconforming, abandoned or illegal sign, such abatement shall be completed within 30 days after receipt of notice to abate by the sign owner, landowner, or any person responsible for the sign. However, the person so notified may within 10 days request, in writing, an informal administrative hearing by the Director; the decision of said hearing to be final.

If the sign is not abated at the end of the 30 day period, or if a hearing is requested, at the end of the time specified, the Director may inform the Director of Public Works who may cause County forces to enter the property forthwith to remove and impound the sign. The remedy provided in this paragraph shall not be exclusive but shall be in addition to the remedies provided in the Enforcement Procedure at Section 7700 and Title 7, Division 1, commencing with Section 71.101 of the San Diego County Code for off-premises signs installed in County road right-of-way.

(Amended by Ord. No. 6506 (N.S.) adopted 1-5-83) (Amended by Ord. No. 6691 (N.S.) adopted 11-30-83) (Amended by Ord. No. 8555 (N.S.) adopted 7-14-95) (Amended by Ord. No. 8962 (N.S.) adopted 9-23-98) (Amended by Ord. No. 10322 (N.S.) adopted 1-29-14)

Unless some other means of abatement is approved by the Director, abatement of nonconforming signs shall be accomplished in the following manner:

a. Signs Painted on Buildings, Walls, Fences and Other Structures or Things. By removal of the paint that constitutes the sign, or by painting over it with a color that matches or closely resembles the color of the building or structure, wall, fence, or thing, so that the sign shall not thereafter be visible.

b. Other Signs. By complete removal of the sign and all dependent structures and supports; or, after issuance of an Administrative Permit therefore, by modification, alteration, relocation or replacement thereof in conformance with these regulations.

(Amended by Ord. No. 6506 (N.S.) adopted 1-5-83) (Amended by Ord. No. 6691 (N.S.) adopted 11-30-83) (Amended by Ord. No. 8555 (N.S.) adopted 7-14-95) (Amended by Ord. No. 8962 (N.S.) adopted 9-23-98) (Amended by Ord. No. 9472 (N.S.) adopted 5-15-02)

Nothing in these regulations shall prevent normal maintenance or repair of any nonconforming sign or sign structure. Normal maintenance or repair shall be limited to only the following:

a. Advertising changes.

b. Routine cleaning and painting.

c. Replacement of nuts, bolts, screws, or nails.

d. Re-leveling or plumbing the structure without the addition of guys or struts for stabilization.

Any changes such as extensions, enlargements, replacements, or the rebuilding of a non-conforming sign is prohibited.

(Amended by Ord. No. 6691 (N.S.) adopted 11-30-83) (Amended by Ord. No. 7169 (N.S.) adopted 7-09-86)

Compensation shall be awarded as provided by the Outdoor Advertising Act (Business and Professions Code, Section 5412 et seq.), State of California.

(Added by Ord. No. 7169 (N.S.) adopted 7-09-86)

6221 SEVERABILITY.

If any section, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Board of Supervisors hereby declares that it would have passed this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional.

(Added by Ord. No. 9472 (N.S.) adopted 5-15-02)

6250 TITLE AND PURPOSE.

The provisions of Section 6250 through 6299, inclusive, shall be known as the On-Premise Sign Regulations. It is the purpose of these provisions to establish a comprehensive system for the regulation of on-premise signs. It is intended that these regulations provide a reasonable level of sign standards and controls in order that the public convenience may be properly served and enhanced; and through the regulation of such elements as the number, size, height and location of signs, and the orderly upgrading of outmoded and excessive sign displays, to protect the public welfare, promote traffic safety, prevent blight, promote aesthetics and make substantial contribution toward accomplishing a more desirable Countywide environment.

(Amended by Ord No. 9472 (N.S.) adopted 5-15-02)

The following shall be exempt from these regulations and shall not require sign permits.

a. Directional, warning or informational signs required or authorized by law which are erected by federal, state, county, municipal, or hospital district officials.

b. Official notices issued by a court or public body or office and posted in the performance of a public duty.

c. Danger signs, railroad crossing signs and signs of public utility companies indicating danger and aids to service or safety.

d. House numbers and only one sign per house not exceeding 2 square feet in area displaying name and occupation of occupant.

e. "No Trespassing," and "No Parking" and similar warning signs.

f. Flags, emblems and insignia of a nation or political subdivision.

g. Commemorative signs or plaques of historical organizations.

h. Temporary displays of a civic, political, patriotic, religious or charitable nature.

i. Signs on public transportation vehicles regulated by a political subdivision, including but not limited to buses and taxicabs.

j. Signs on licensed commercial vehicles.

k. Signs that are not intended to be viewed from public streets and or beyond the premises and are not legible therefrom such as signs in interior areas of shopping centers, commercial buildings and structures, ball parks, stadiums, race tracks and similar uses of a recreational or entertainment nature.

l. Changing the copy of a sign and/or performing maintenance that does not involve structural changes.

m. On each lot or parcel, one sign not larger than 4 square feet in size specifying the zone of the property, the uses of such property authorized by this ordinance and/or the fact that a Major or Minor Use Permit has been granted for the use of the property.

n. Incidental signs showing trading stamps offered, credit cards accepted, notices of services required by law, trade affiliations, and the like, attached to a freestanding sign structure or building; provided that all of the following conditions hold:

• 1. The signs number no more than 4.
• 2. No such sign projects beyond any property line.
• 3. No such sign shall exceed an area per face of 5 square feet.

o. Signs on awnings or removable canopies not permanently attached to or built as part of a building, subject to the following conditions:

1. No such sign shall exceed an area of 4 square feet on any side of such awning or canopy.

2. The sign copy shall be limited to name, occupation, street address, telephone number, and/or date of establishment, which copy may relate to one or more separate establishments.

p. Tenant Identification signs, provided that all of the following conditions hold:

1. No more than 2 such signs having an area of not more than 4 square feet each may be placed on a building facing or fence.

2. The sign copy shall be limited to name, occupation, street address, telephone number, date of establishment, trade organization associations, and/or names of products produced under registered trade names, which copy may relate to one or more separate establishments.

q. Occupant directory sign of not more than 20 square feet.

r. Temporary window signs constructed of paper, cloth or similar expendable material, provided:

1. The total area of such signs shall not exceed 25 percent of the window area.

2. Such signs shall be affixed only to the interior window surface for a short period of time to promote a particular sale of produce or merchandise.

s. One sign not exceeding 32 square feet offering premises for sale or lease, shall be permitted along each frontage, except that for any frontage in excess of 500 feet, a sign not exceeding 64 square feet shall be permitted. No sign shall exceed a height of 12 feet. In residential zones, such signs are limited to 4 square feet in area and a maximum height of 6 feet.

t. Temporary construction site signs, provided that all of the following conditions hold:

1. One nonilluminated sign having a total area of not more than 160 square feet shall be permitted along each frontage; except that 2 such signs may be placed along a frontage having a length in excess of 500 feet.

2. Such signs may be either freestanding or wall signs or may be mounted on a temporary construction fence, and shall be permitted only for the duration of the construction with which associated. Such signs will not be subject to the regulations applicable to freestanding signs or wall signs.

3. Such signs may not exceed a height of 20 feet.

u. One sign less than or equal to 12 square feet in area for an allowed roadside sales stand, wholesale nursery, Small Winery or Boutique Winery identifying and advertising agricultural products produced on the premises.

v. One identification sign up to 20 square feet identifying a residential development, multiple dwellings, a horse stable, clubs and similar uses on each street frontage affording primary access to the site.

w. Identification signs up to a total of 40 square feet identifying hotels, motels, hospitals, parking garages, institutions of religious, educational, philanthropic or charitable nature, and resort service uses subject to the Resort Services Regulations at Section 6400.

x. For any use type allowed by the granting of a major use permit, placement, number, and size of on-premise signs shall be determined by the conditions of approval of the major use permit.

y. Signs for recycling facilities provided that all of the following conditions hold:

1. Recycling facilities may have identification signs with a maximum area of 20 percent of each receptacle side or 16 square feet, whichever is smaller. In the case of a wheeled receptacle, the side shall be measured from the pavement to the top of the receptacle;

2. Directional signs, bearing no advertising message, may be installed with the approval of the Director if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of way;

3. The Director may authorize increases in the number and size of signs upon finding that such increases are compatible with adjacent businesses.

z. In each instance and under the same conditions as this chapter permits any sign, a sign containing an ideological, political or other non-commercial message and constructed to the same physical dimensions and characteristic shall be permitted.

(Amended by Ord. No. 6389 (N.S.) adopted 7-7-82) (Amended by Ord. No. 6543 (N.S.) adopted 3-2-83) (Amended by Ord. No. 6691 (N.S.) adopted 11-30-83) (Amended by Ord. No. 6983 (N.S.) adopted 7-03-85) (Amended by Ord. No. 7740 (N.S.) adopted 3-28-90) (Amended by Ord. No. 8058 (N.S.) adopted 4-15-92) (Amended by Ord. No. 9472 (N.S.) adopted 5-12-02) (Amended by Ord. No. 9958 (N.S.) adopted 12-10-08) (Amended by Ord. No. 10067 (N.S.) adopted 8-4-10) (Amended by Ord. No. 10095 (N.S.) adopted 12-8-10) (Amended by Ord. No. 10285 (N.S.) adopted 9-11-13)

Portable on-premise signs shall be prohibited.

6261 ON-PREMISE SIGNS REGULATED.

Except for the signs specified in Sections 6252, 6259, 6268 and 6269, on-premise signs may be erected, constructed, placed, created by painting, structurally altered, relocated or maintained provided that a building permit has been issued subject to the following provisions:

a. Permitted Locations. On-premise signs may be placed in the following locations, unless prohibited:

1. On premises subject to the C34, C35, C36, C37, C38, C40, C42, C44, M50, M52, M54, and M58 Use Regulations.

2. On premises in any zone where a nonconforming commercial or industrial use type exists.

3. Fallbrook Village Zones.

4. Camp Lockett Master Plan Zones. (Amended by Ord. No. 10700 (N.S.) adopted 12-9-20)

b. Restricted Locations. Locations subject to Special Area Regulations and to use permits shall be additionally subject to the following limitations:

1. On-premise signs are permitted in zones subject to the Scenic Area Regulations or Historic/Archaeological Landmark and District Area Regulations in accordance with an approved Site Plan. The aggregate area of all signs for any premises shall not exceed one square foot for each linear foot of street frontage. The aggregate sign area for each establishment shall not exceed one square foot for each linear foot of building. No establishment shall have an aggregate sign area greater than 100 square feet.

2. On premise signs are permitted on sites subject to use permits in accordance with the terms and conditions of the use permit or modification. Signs may be altered, relocated or added upon the issuance of a minor use permit provided that such change is not specifically prohibited by the use permit condition.

c. Setbacks. Freestanding and projecting signs may be located in or project into any portion of the premises in a commercial or industrial zone.

d. Permitted Combinations of Sign Types.

1. Roof signs shall be permitted in combination only with wall signs, except no roof signs shall be permitted within the California Coastal Zone or in conjunction with an adult entertainment establishment.

2. Projecting signs are permitted in combination only with wall signs and one freestanding sign, except no projecting signs shall be permitted in conjunction with an adult entertainment establishment.

3. Two freestanding signs, where permitted, shall be permitted in combination with wall signs. A projecting sign may be substituted for one freestanding sign, except no projecting sign shall be permitted in conjunction with an adult entertainment establishment.

e. Lighting. Signs may be illuminated unless otherwise specified, provided such signs are so constructed that no light bulb, tube, filament or similar source of illumination is visible beyond the property lines. Neon signs are permitted provided they do not flash. Signs making use of lights to convey the effect of movement, or flashing, intermittent or variable intensity lighting shall not be permitted, except as allowed herein. Electronic or electrically controlled signs that contain a moving message, or a message that appears to move, shall be allowed only upon issuance of an Administrative Permit, and shall be additionally subject to the following limitations:

1. The characters incorporated into the message shall not change in intensity, hue or size as they move across the sign.

2. Such signs shall be limited to the C36, C37, M52, M54, and M58 zones within the Village Regional Category of the Land Use Element of the General Plan, and to properties abutting streets that are categorized in the Mobility Element of the General Plan as Community, Light or Minor Collector Roads, Boulevard, Major Roads, Prime Arterial or Expressway.

3. Such signs shall not be allowed in areas subject to the S Scenic Special Area Regulations Designator.

4. The Site Plan permit exemption provisions of Section 7156(b). shall not be applied to any Site Plan proposing such signs.

5. The Administrative Permit application shall be provided to the Director of Public Works for review and recommendation, including appropriate limits on the intensity of lights allowed and that the location and design of the sign shall not create a traffic hazard, prior to final action.

f. Movement. No signs shall move or rotate, nor display any moving and/or rotating parts. Wind propellers and other noise creating devices shall not be permitted.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79) (Amended by Ord. No. 5809 (N.S.) adopted 6-18-80, operative 9-1-80) (Amended by Ord. No. 6187 (N.S.) adopted 11-18-81) (Amended by Ord. No. 6506 (N.S.) adopted 1-5-83) (Amended by Ord. No. 6691 (N.S.) adopted 11-30-83) (Amended by Ord. No. 6743 (N.S.) effective 1-11-85) (Amended by Ord. No. 7829 (N.S.) adopted 10-24-90) (Amended by Ord. No. 8015 (N.S.) adopted 12-04-91) (Amended by Ord. No. 8114 (N.S.) adopted 7-29-92) (Amended by Ord. No. 9472 (N.S.) adopted 5-12-02) (Amended by Ord. No. 9620 (N.S.) adopted 12-10-03) (Amended by Ord. No. 10162 (N.S.) adopted 8-3-11) (Amended by Ord. No. 10204 (N.S.) adopted 3-28-12) (Amended by Ord. No. 10700 (N.S.) adopted 12-9-20)

a. Number Permitted.

1. Premises having a minimum of 50 feet of frontage may be permitted one freestanding sign for each street frontage. Premises having a frontage of 250 feet or more along the same street may have one additional freestanding sign, except that an adult entertainment establishment shall be limited to one freestanding sign for each street frontage.

2. Where two (2) freestanding signs are permitted on a frontage, the allowable area may be combined into one sign, provided the area does not exceed a maximum area of 200 square feet.

3. One freestanding freeway-oriented sign may be substituted for one permitted freestanding sign, except that an adult entertainment establishment shall not substitute a freeway-oriented sign.

4. One sign to identify freeway service facilities is permitted such an establishment as provided by the following subsection (c)(2).

b. Area.

1. The area of a freestanding sign shall not exceed 1.25 square feet for each linear foot of street frontage, provided the area does not exceed 175 square feet, except that the area of a freestanding sign in conjunction with an adult entertainment establishment shall not exceed 10 feet in height or width and a total of 100 square feet.

2. The maximum area of a freeway oriented sign shall not exceed 300 square feet.

c. Height.

1. A freestanding sign shall not exceed a height measured from the ground of:

i. Eight feet in zones within the California Coastal Zone except that freeway oriented signs shall be subject to the hereinafter specified height limits pertaining to such signs;

ii. Twenty feet in zones subject to the Scenic Area and Historic/Archaeological Landmark and District Regulations;

iii. Twenty-five feet in any zone subject to the C34, C35, C36, C40, C42, C44, M50 and M52 Use Regulations; or

iv. Thirty-five feet in any zone subject to the C37, C38, M54 and M58 Use Regulations.

v. Six feet in Fallbrook Village Zones FB-V1, FB-V2, FB-V3, FB-V4 and FB- V5.

2. A freeway-oriented sign may be increased 10 feet above the height specified in paragraph 1 above.

d. Clearance. A freestanding sign that projects above a driveway, parking lot aisle or parking space, shall maintain a clearance of 8 feet. A clearance less than 16 feet, shall be clearly labeled at the bottom of each sign face.

e. Projection Over Roof. Any freestanding sign that projects over the roof of a building shall be considered a roof sign for the purpose of establishing the allowable area and shall be subject to the area standards specified in Section 6266.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79) (Amended by Ord. No. 5809 (N.S.) adopted 6-18-80, operative 9-1-80) (Amended by Ord. No. 6187 (N.S.) adopted 11-18-81) (Amended by Ord. No. 6506 (N.S.) adopted 1-5-83) (Amended by Ord. No. 6691 (N.S.) adopted 11-30-83) (Amended by Ord. No. 6743 (N.S.) effective 1-11-85) (Amended by Ord. No. 8015 (N.S.) adopted 12-04-91) (Amended by Ord. No. 8114 (N.S.) adopted 7-29-92) (Amended by Ord. No. 9472 (N.S.) adopted 5-15-02) (Amended by Ord. No. 9620 (N.S.) adopted 12-10-03) (Amended by Ord. No. 10162 (N.S.) adopted 8-3-11) (Amended by Ord. No. 10348 (N.S.) adopted 7-30-14)

a. Area. The maximum area of wall signs, including permanent window signs, on a single building facing shall be calculated as follows:

1. Where wall signs are the only sign type on the premises the area shall not exceed 3.5 square feet for each linear foot of building facing, not to exceed a maximum of 350 square feet per building face, except that the area of said wall sign(s) in conjunction with an adult entertainment establishment shall not exceed 15 feet in height or width and a total of 225 square feet.

2. Where a wall sign(s) and a freestanding sign(s) are used in combination on a premise the area of the wall sign shall not exceed 1.5 square feet for each linear foot of building facing, not to exceed a maximum of 250 square feet per building face, except that the area of said wall sign(s) in conjunction with an adult entertainment establishment shall not exceed 10 feet in height or width and a total of 100 square feet.

3. Where wall signs are combined with projecting or roof signs (no freestanding signs) on the premises the area of the wall sign shall not exceed 1.0 square feet for each linear foot of building facing, not to exceed a maximum of 200 square feet per building facing.

4. The allowable area for wall signs on one frontage shall not be combined with the allowable area for wall signs on another frontage.

5. Each establishment shall be permitted a wall sign of 50 square feet provided no freestanding, roof or projecting signs are located on the same premises.

b. Location. Wall signs may not project above the top of a parapet, the roof line at the wall, or roof line. Wall signs on a sloping roof may not project above the ridge line.

(Amended by Ord. No. 8015 (N.S.) adopted 12-04-91)

a. Permit Required. A roof sign is permitted by issuance of an Administrative Permit upon the finding by the Director that no alternate sign location exists on the premises that would provide reasonable exposure except that no permit for roof signs shall be issued in the area covered by the California Coastal Zone or along State or County designated scenic highways or in conjunction with an adult entertainment establishment.

b. Number. Only one roof sign consisting of not more than 2 faces may be permitted for any premises.

c. Area. The permitted areas of roof signs shall be calculated in accordance with the following:

1. The area of a roof sign shall not exceed 1.0 square foot for each linear foot of street frontage not to exceed a maximum of 100 square feet.

2. The maximum area of a freeway oriented roof sign shall not exceed 200 square feet.

d. Height. Maximum height shall be 10 feet above the roof height measured at the top of the parapet or the ridge line as appropriate notwithstanding the height limit of the zone.

(Amended by Ord. No. 6506 (N.S.) adopted 1-5-83) (Amended by Ord. No. 6691 (N.S.) adopted 11-30-83) (Amended by Ord. No. 6743 (N.S.) effective 1-11-85) (Amended by Ord. No. 8015 (N.S.) adopted 12-04-91) (Amended by Ord. No. 9472 (N.S.) adopted 5-15-02)

Projecting signs may be erected or placed in accordance with the following provisions:

a. Number. An establishment with frontage on a street may have one projecting sign along each street instead of a freestanding sign or a roof sign, except no projecting sign shall be permitted in conjunction with an adult entertainment establishment.

b. Area. The area of a projecting sign shall not exceed 0.5 square foot for each linear foot of building facing not to exceed 100 square feet.

c. Height. Projecting signs may not extend above the roof line at the wall or above the top of a parapet wall.

d. Installation. Projecting signs shall be so installed that support is not visible.

(Amended by Ord. No. 6691 (N.S.) adopted 11-30-83) (Amended by Ord. No. 8015 (N.S.) adopted 12-04-91)

In addition to the foregoing types of signs, the following signs shall be permitted in any location. The area of these signs shall be in addition to the aforesaid maximum sign areas.

a. Directional Signs. Signs to direct or control on-premise traffic or parking provided such signs do not exceed an area per face of 8 square feet nor a height of 8 feet.

b. Accessory Signs-Drive-In and Drive-Through Businesses. Such signs shall not be designed to be viewed from beyond the premises and each shall not exceed 25 square feet per frontage.

c. Banners, Pennants and Similar Devices. Strings or individual banners, streamers, inflatables, pennants and similar devices; provided that one of the following holds:

1. Such signs are for the purpose of calling attention to a grand opening of a new business. Any required Site Plan permit, or Site Plan permit exemption, shall be obtained from the Department. Such temporary signs may be displayed for a maximum of 60 days and then must be removed from display.

2. Such signs are for the purpose of calling attention to a temporary use accessory to residential construction pursuant to the Temporary Use Regulations at Section 6116. Such signs are permitted along both sides of the interior street affording principal access to the model homes and within that portion of the subdivision or other residential development devoted to display of model homes, provided:

i. Except as hereinafter specified, each flag, banner, or pennant must be affixed to a separate standard implanted in the ground.

ii. Said standards are to be spaced at least 10 feet apart and, except as hereinafter specified, are not to exceed 12 feet in height.

iii. One flagpole not exceeding the height limit of the applicable zone may be provided within the area devoted to display of model homes and may be used only to display flags.

d. Service Station Signs. One sign relating to grades and prices of gasoline and diesel fuel shall be permitted per station frontage.

e. Temporary Real Estate Signs. The following temporary signs for the purpose of promoting initial residential sales are permitted pursuant to the Temporary Use Regulations at Section 6116 and 7156 and are in addition to the banners, pennants and similar devices permitted at Section 6268 (c):

1. Unlighted freestanding signs identifying the residential development provided that the aggregate area of all signs shall not exceed 800 square feet. One such sign may have a maximum area of 200 square feet provided no other sign exceeds an area of 100 square feet. One sign may be adjacent to each street which provides access to the residential development.

2. One unlighted sign not exceeding 16 square feet in area for each model home and sales office.

f. Mobilehome and Recreation Vehicle Park Signs. Signs located within mobilehome or recreational vehicle parks may be permitted subject to the following

1. One wall sign or freestanding sign identifying the mobilehome or recreational vehicle park is permitted adjacent to each street which provides primary access to the park. No freestanding sign shall exceed a height of 8 feet. No sign shall exceed 32 square feet in area.

2. One directional sign without any advertising at each driveway. Each sign shall not exceed 8 square feet or 8 feet in height. Directional signs may be lighted.

(Amended by Ord. No. 5612 (N.S.) adopted 10-10-79) (Amended by Ord. No. 5786 (N.S.) adopted 6-4-80) (Amended by Ord. No. 6506 (N.S.) adopted 1-5-83) (Amended by Ord. No. 6691 (N.S.) adopted 11-30-83) (Amended by Ord. No. 9101 (N.S.) adopted 12-8-99) (Amended by Ord. No. 9472 (N.S.) adopted 5-15-02) (Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

Signs are permitted in the C30, C31 and C32 Use Regulations and for Commercial Use Types in the RC Use Regulations as follows:

a. One wall sign on each wall of a building facing a street but not more than two wall signs for each building, provided that each sign shall be limited to a maximum area of 20 square feet.

b. One monument sign on each street frontage of the premises.

c. One occupant directory sign at or near each principal entrance to a multiple occupancy building in lieu of a wall sign permitted by (a) above.

d. One sign of 12 square feet or less for each building facing/tenant occupancy in lieu of one wall sign per building frontage.

(Added by Ord. No. 6691 (N.S.) adopted 11-30-83)

Applications for signs specified in Sections 6261 through 6269 shall be signed by the owner or include a statement signed by the owner, lessee or other person having legal possession of the property upon which a sign is to be situated giving his/her consent to the application for placement of such sign thereon. An application shall be accompanied by the fee prescribed in Section 7602 and shall list and describe all existing signs on the premises.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79) (Amended by Ord. No. 6506 (N.S.) adopted 1-5-83) (Amended by Ord. No. 6691 (N.S.) adopted 11-30-83) (Amended by Ord. No. 9472 (N.S.) adopted 5-15-02

Issuance of Administrative Permit does not preclude the requirement for obtaining a building permit pursuant to the Uniform Building Code.

(Amended by Ord. No. 6691 (N.S.) adopted 11-30-83)

6279 ISSUANCE OR DENIAL.

The Director or whomever is charged with permitting a particular sign shall, within sixty (60) days of the filing of a complete permit application, approve and issue the permit if the standards and requirements of this part have been met, unless the time is mutually extended by the parties. No action by the Director within 60 days shall constitute a denial.

(Amended by Ord. No. 6691 (N.S.) adopted 11-30-83) (Amended by Ord. No. 9742 (N.S.) adopted 5-12-02) (Amended by Ord. No. 10222 (N.S.) adopted 9-25-12. Opr. 11-26-12)

Notwithstanding the Nonconformity Regulations commencing at Section 6850 every lawfully erected sign which no longer conforms to these regulations shall be deemed to be a nonconforming sign and shall be removed, or altered, to conform with these regulations as follows:

a. Illegal/Abandoned Signs. Illegal and or abandoned signs shall be removed or brought into conformance immediately.

b. Nonconforming Signs. Within 5 years from the date on which a sign becomes nonconforming, it shall be removed or brought into conformance with these regulations; provided, however:

1. If such sign has been allowed to be depreciated for tax purposes by the Internal Revenue Service and evidence is presented that the cost has not been fully recovered upon expiration of said 5 year period, such sign may remain until its cost has been recovered in accordance with the depreciation schedule on the date that the sign became nonconforming.

2. Documentation necessary to establish the remaining or undepreciated value shall be presented to the Director prior to expiration of the 5 year period. The Director shall determine to his/her satisfaction the validity of all documentation presented. Appeals from decisions of the Director shall be taken pursuant to the Administrative Appeal Procedure commencing at Section 7200.

(Amended by Ord. No. 6506 (N.S.) adopted 1-5-83) (Amended by Ord. No. 6691 (N.S.) adopted 11-30-83)

In the event a nonconforming sign is not voluntarily removed or brought into compliance, when required or if a sign is erected or maintained in violation of these regulations, or becomes abandoned the Director shall order such sign to be abated by the owner thereof, or by the owner of the premises upon which it is located, or by any other person responsible for the sign, by notice in the form of registered mail. However, the person notified may within 10 days request, in writing, an informal administrative hearing by the Director; the decision of said hearing to be final.

(Amended by Ord. No. 6506 (N.S.) adopted 1-5-83) (Amended by Ord. No. 6691 (N.S.) adopted 11-30-83) (Amended by Ord. No. 8555 (N.S.) adopted 7-14-95) (Amended by Ord. No. 8962 (N.S.) adopted 9-23-98)

Unless some other means of abatement is approved in writing by the Director, abatement of nonconforming illegal and abandoned signs shall be accomplished in the following manner:

a. Signs Painted on Buildings, Walls, Fences and Other Structures or Things. By removal of the paint which constitutes the sign, or by painting over it with a color that matches or closely resembles the color of the building or structure, wall, fence, or things, so that the sign shall not thereafter be visible.

b. Other Signs. By complete removal of the sign and supports; or, by modification, alteration, relocation or replacement.

(Amended by Ord. No. 6506 (N.S.) adopted 1-5-83) (Amended by Ord. No. 6691 (N.S.) adopted 11-30-83) (Amended by Ord. No. 8555 (N.S.) adopted 7-14-95) (Amended by Ord. No. 8962 (N.S.) adopted 9-23-98)

Nothing in these regulations shall prevent the normal maintenance or repair of any nonconforming sign or sign structure during its effective life. Illegal, abandoned or nonconforming signs which are brought into conformance and compliance with current regulations shall have the required Administrative Permit and/or building permit.

(Amended by Ord. No. 9472 (N.S.) adopted 5-15-02)

6290 SEVERABILITY.

If any section, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Board of Supervisors hereby declares that it would have passed this Ordinance and each section, sentence, clause of phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause of phrase be declared invalid or unconstitutional.

6300 TITLE AND PURPOSE.

The provisions of Section 6300 through Section 6349, inclusive, shall be known as the Performance Standards. The purpose of these provisions is to control dangerous or objectionable environmental impacts of commercial and industrial uses and outdoor lighting in all use classifications. These standards shall apply pursuant to Section 6306.

(Amended by Ord. No. 5933 (N.S.) adopted 11-19-80)

6302 EXISTING USES.

Uses existing on the effective date of The Zoning Ordinance, on the date of a subsequent rezoning or other amendment thereto applying more restrictive performance standards to such uses, shall not be required to change their operations to comply with the performance standards. However, their operations shall not be so changed as to result in a greater degree of nonadherence with respect to these standards.