Chapter 20.330 — WATER EFFICIENT LANDSCAPE STANDARDS[[2]] — San Marcos Zoning Code

Footnotes:

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Editor's note— Ord. No. 2017-1442, 5-23-2017, repealed and replaced in its entirety.

Section 20.330.010 - Purpose of Chapter ¶

The purpose of this chapter is to establish responsible landscape standards that promote the quality of life in the community and provide areas for active and passive recreation and aesthetic enjoyment and enchantment. Specifically, the provisions of this chapter are intended to do the following:

A.

Implement the State's Model Water Efficient Landscape Ordinance; Chapter 2.7 of California Code of Regulations, adopted by the State in July, 2015, by amending the City's Water Efficient Landscape Ordinance, which was originally adopted by the City Council in 2010, to effectively conserve water, promote the values and benefits of landscaping practices that integrate and go beyond the conservation and efficient use of water;

B.

Establish a structure for planning, designing, installing, maintaining and managing water efficient

landscapes in new construction and rehabilitated projects by encouraging the use of a watershed approach that requires cross-sector collaboration of industry, government and property owners to achieve the many benefits possible;

C.

Establish provisions for water management practices and water waste prevention for existing landscapes;

D.

Use water efficiently without waste by setting a Maximum Applied Water Allowance as an upper limit for water use and reduce water use to the lowest practical amount;

E.

Establish specific standards for landscape and irrigation design and installation to ensure beneficial, efficient, and responsible use of all available water resources for residences and businesses within the City;

F.

Implement a variety of landscaping objectives, including preventing erosion; filtering, treating, and using storm water runoff; and offering fire protection;

G.

Promote landscaping design, pH level, installation, maintenance, and management of landscaping that is water efficient;

H.

Establish that the right to use water is limited to the amount reasonably required for the beneficial use to be served, and shall not extend to waste or unreasonable method of use;

I.

Landscapes that are planned, designed, installed, managed and maintained with the watershed based approach can improve environmental conditions and provide benefits and realize sustainability goals. Such landscapes will make the urban environment resilient in the face of climatic extremes. Consistent with this approach to landscape designs, conditions in the urban setting will be improved by:

1.

Creating the conditions to support life in the soil by reducing compaction, incorporating organic matter that increases water retention, and promoting productive plant growth that leads to more carbon storage, oxygen production, shade, habitat and esthetic benefits.

2.

Minimizing energy use by reducing irrigation water requirements, reducing reliance on petroleum based fertilizers and pesticides, and planting climate appropriate shade trees in urban areas.

3.

Conserving water by capturing and reusing rainwater and graywater wherever possible and selecting climate appropriate plants that need minimal supplemental water after establishment.

4.

Protecting air and water quality by reducing power equipment use and landfill disposal trips, selecting recycled and locally sourced materials, and using compost, mulch and efficient irrigation equipment to prevent erosion.

5.

Protecting existing habitat and creating new habitat by choosing local native plants, climate adapted nonnatives and avoiding invasive plants. Utilizing integrated pest management with least toxic methods as the first course of action.

Section 20.330.020 - Applicability

A.

The provisions of this chapter shall apply to all of the following landscape projects:

1.

New construction projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check or design review;

2.

Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check, or design review;

3.

Existing landscapes are limited to Sections 20.330.030 (Water Purveyor Responsibility), 20.330.160 (Provisions for Existing Landscapes).

4.

Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are limited to the requirements of Sections 20.330.060.B (Water Efficient Landscape Worksheet), 20.330.090 (Landscape and Irrigation Maintenance Schedule), and 20.330.100 (Irrigation Audit, Irrigation Survey and Irrigation Water Use Analysis); and existing cemeteries are limited to Section 20.330.160 (Provisions for Existing Landscapes).

B.

Any project with an aggregate landscape area of 2,500 square feet or less may comply with the performance requirements of this ordinance or conform to the prescriptive measures contained in "Prescriptive Compliance Option" which is included in the Landscape Application form provided by the City.

C.

For projects using treated or untreated graywater or rainwater captured on site, any lot or parcel within the project that has less than 2,500 sq. ft. of landscape and meets the lot or parcel's landscape water requirement (Estimated Total Water Use) entirely with treated or untreated graywater or through stored rainwater captured on site is subject only to "Prescriptive Compliance Option - Section (5)".

D.

Exemptions. The following projects and landscapes shall be exempt from the provisions of this chapter:

1.

Registered local, state, or federal historical sites.

2.

Ecological restoration projects that do not require a permanent irrigation system.

3.

Mined-land reclamation projects that do not require a permanent irrigation system.

4.

Existing plant collections as part of a botanical gardens and arboretums open to the public.

Section 20.330.030 - Water Purveyor Responsibility

The City may designate the local retail water purveyors, to implement some or all of the requirements contained in this chapter. The City may collaborate with water purveyors to define each entity's specific

Parking Area Screening.

a.

Parking lots shall be screened from major public streets and adjacent residential land uses with plants, low walls, fences or grade changes that is a minimum of three (3) feet in height.

b.

Interior property lines between parking lot areas and an existing or proposed residential development shall require a six (6)-foot-high decorative masonry wall.

Section 20.330.050 - Landscape Documentation Package Submittal Milestones

Prior to final approval of the Landscape Documentation Package, the Planning Division must obtain approval from the local water purveyor to verify that the water budget calculations specified in the Landscape Documentation Package meet the water allocation specified by the local water purveyor.

A.

Prior to Construction. Prior to construction, Planning Division shall do the following:

Provide the project applicant a copy of the Landscape Regulations and procedures for design review, plan checks, or permits. Copies of the reference Evapotranspiration Table, Water Efficient Landscape Worksheet, a Certification of Completion form and Prescriptive Compliance Option shall be provided in the landscape application form.

2.

Review the Landscape Documentation Package submitted by the project applicant.

3.

Approve or deny the Landscape Documentation Package.

4.

Complete the design review, approve the plans, and issue a permit.

5.

Upon approval of the Landscape Document Package, submit an electronic copy of the Water Efficient Landscape Worksheet to the local retail water purveyor.

B.

During Construction. During construction, the project applicant shall do the following:

1.

Maintain an approved Landscape Documentation Package at the job site.

2.

Maintain an approved copy of the Landscape Permit and a record the date of the approval of the landscape Permit.

C.

Post Completion. Upon completion of all landscape design, the project applicant shall do the following:

1.

Obtain a Certificate of Completion signed by Planning Division.

2.

Submit an electronic copy of the approved Landscape Documentation Package along with the record drawings, and an electronic copy of the Water Efficient Landscape Worksheet to the local retail water purveyor.

On-Going Responsibility. The applicant's on-going responsibility after Planning Division signs off the Certificate of Completion is to contact the local retail water purveyor, or a certified landscape irrigation auditor, and secure a landscape audit that will include a recommended irrigation schedule. Landscape audits shall not be conducted by the person who designed or installed the landscape.

E.

Establishment Period. The first eighteen (18) months after the City approves planting shall be considered as the "establishment period" for the landscape plant materials. A bond or cash deposit will be submitted to the City, prior to issuing a Landscape Permit and held until a final inspection is conducted by the City to verify the landscape is thriving in a healthy manner. It will be the responsibility of the developer/owner to contact the City a minimum of thirty (30) days prior to end of the eighteen (18) months for the final inspection.

Section 20.330.060 - Landscape Documentation Package Elements

The Landscape Documentation Package shall include following elements:

A.

Project information. Project information regarding the landscape project shall contain all the following:

1.

Date of submittal.

2.

Project applicant's full name.

3.

Project address and/or assessor parcel number(s).

4.

Total existing and proposed landscape area in square feet.

5.

Define project type (e.g., new, rehabilitated, public, cemetery, owner-installed).

6.

Adjacent land uses and zoning designations.

7.

Approximate location and quantity of all proposed and existing specimen trees.

Location of all existing and proposed storm, sanitary, and utility lines. Root barriers shall be required when trees are planted within five (5) feet (or as directed by the local water purveyor) of public water and sewer mains.

9.

Location of all existing and proposed contours two (2)-foot minimum.

10.

Location of proposed and existing buildings, structures and paved areas.

11.

Landscape Plans must be drawn to scale, and in cases where a grading permit is required, both landscape and grading plans must be the same scale.

12.

Provide a planting schedule with proposed plant material names (common and botanical), quantity, size, and spacing, and any special planting notes. Size of plants should be describing the actual size at the time the plant is installed.

13.

Separate landscape plan(s) submittal will be required for:

a.

Community Facilities District (CFD) Areas.

b.

Privately Owned Landscape Areas.

c.

Homeowners' Association (HOAs).

d.

Master Development Associations.

e.

Master Retail Associations.

14.

Landscape plans must address all BMPs, coincide with grading plans, address brush management Zones, and address biological constraints.

The landscape plan must also address any sight visibility triangle issue if applicable.

16.

All hardscape, i.e., decorative paving, scored concrete, trellis design, location of monument sign and other special design items must be addressed on the landscape plans.

17.

Water supply type (e.g., potable, recycle, or well, identify local retail water purveyor if the project is not served by a private well).

18.

Completed checklist of all documents in the Landscape Documentation Package.

19.

Project contacts to include contact information (name, address, and phone number) for the project applicant, landscape architect, contractor, and property owner.

20.

Applicant/property owner signature and date with the following statement: "I agree to comply with the requirements of the Water Efficient Landscape Regulations and submit a complete Landscape Documentation Package."

B.

Water Efficient Landscape Worksheet.

1.

A project applicant shall complete the Water Efficient Landscape Worksheet which is provided with the City's Landscape Application packet. The worksheet should contain information on the plant factor, irrigation method, irrigation efficiency, and area associated with each hydrozone. Calculations are then made to show that the evapotranspiration adjustment factor (ETAF) for the landscape project does not exceed a factor of 0.55 for residential areas and 0.45 for nonresidential areas, exclusive of Special Landscape Areas. The ETAF for a landscape project is based on the plant factors and irrigation methods selected. The Maximum Applied Water Allowance is calculated based on the maximum ETAF allowed (0.55 for residential areas and 0.45 for non-residential areas) and expressed as annual gallons required. The Estimated Total Water Use (ETWU) is calculated based on the plants used and irrigation method selected for the landscape design. ETWU must be below the MAWA.

In calculating the Maximum Applied Water Allowance and Estimated Total Water Use, a project applicant shall use the ETo values from the Reference Evapotranspiration Table provided in the Landscape Application handout from the Planning Division.

Water budget calculations shall adhere to the following requirements:

a.

The plant factor used shall be from Water Use Classification of Landscape Species (WUCOLS) published by the California Department of Water Conservation or from horticultural researchers with academic institutions or professional associations as approved by the California Department of Water Resources (DWR). The plant factor ranges from 0 to 0.1 for very low water using plants, 0.1 to 0.3 for low water use, from 0.4 to 0.6 for moderate water use plants and from 0.7 to 1.0 for high water use plants.

b.

All water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone.

c.

All special landscape Area shall be identified and its water use calculation as described in "Water Efficient Landscape Worksheet".

d.

Evapotranspiration Adjustment Factor (ETAF) for new and existing (non-rehabilitated) Special Landscape Area Water Allowance shall not exceed 1.0 ETAF.

C.

Soil Management Report. In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed as follows:

1.

The soil management plan shall be prepared by a licensed landscape architect, licensed civil engineer, or a licensed architect.

2.

Submit soil sample to a laboratory for analysis and recommendations

a.

Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants; and

b.

The soils analysis shall include:

Soil texture;

ii.

Infiltration rate determined by laboratory test or soil texture infiltration rate table;

iii.

pH level;

iv.

Total soluble slats;

Sodium level;

vi.

High water use plants, characterized by a plant factor of 0.7 to 1.0, are prohibited in street medians.

e.

A landscape design plan for projects in fire-prone areas shall address fire safety and prevention. A defensive space or Zone around a building or structure is required per Public Resources Code Sections 4291(a) and (b). Avoid fire-prone plant materials and highly flammable mulches.

f.

The use of invasive species such as those listed by the California Invasive Plant Council is prohibited.

g.

Invasive species of plants shall be avoided especially near parks, buffers, greenbelts, water bodies, and open spaces because of their potential to harm environmentally sensitive areas.

h.

The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have an effect of prohibiting the use of low-water use plants as a group (Civil Code Section 1358.8).

2.

Water Features. Re-circulating water shall be used for water features. Water features must comply with San Diego County Department of Environmental Health standards. Surface area of a water feature shall be

included in the high water use hydrozone area of the water budget calculations.

3.

Soil Preparation, Mulch and Amendments:

i.

Prior to the planting of any materials, compacted soils shall be transformed to a friable condition. On engineered slopes, only amended planting holes need meet this requirement.

ii.

Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected.

iii.

For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than 6% organic matter in the top six (6) inches of soil are exempt from adding compost and tilling.

iv.

A minimum four (4)-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf area, creeping or rooting ground covers or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, up to 5% of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.

v.

Stabilizing mulching products shall be used on slopes that meet current engineering standards.

vi.

The mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirements.

vii.

Organic mulch materials made from recycled or post-consumer shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local Fuel Protection Plan Guidelines or other applicable City regulations.

4.

The landscape design shall at a minimum contain the following:

Delineate and label hydrozone by number, letter, or other method.

ii.

Identify each hydrozone as low, moderate, high-water use, or mixed water-use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation.

iii.

Identify recreation areas.

iv.

Identify areas permanently and solely dedicated to edible plants.

v.

Identify areas irrigated with recycled water.

vi.

Identify type of mulch and application depth.

vii.

Identify soil amendments, type, and quantity.

viii.

Identify type and surface area of water features.

ix.

Identify hardscapes (pervious and on-pervious).

x.

Identify location, installation details and 24-hour retention or infiltration capacity of any applicable storm water best management practices that encourage on-site retention and infiltration of storm water. Project applicants shall refer to the City or regional Water Quality Control Board for information on any applicable stormwater technical requirements. Storm water best management practices are encouraged in the landscape design plans and examples are provided in Section 20.330.140.

xi.

Identify any applicable rain harvesting or catchment technologies as discussed in Section 20.330.140 Storm Water Management and Rainwater Retention, and their 24-hour retention or infiltration capacity.

xii.

Identify any applicable graywater discharge piping, system components and area(s) of distribution.

xiii.

The landscape design shall have the following statement: "I have complied with the criteria of this chapter and applied them for the efficient use of water in the landscape design plan."

xiv.

The signatures of a licensed landscape architect, licensed landscape contractor, or any other applicable landscape professional, person, licensed or unlicensed, as listed in the Business and Professions Code, California Code of Regulations, or Food and Agricultural Code.

E.

Irrigation Design Plan. This section applies to landscaped areas requiring permanent irrigation, not areas that require temporary irrigation solely for the plant establishment period. For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturer recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation package:

1.

Landscape water meters, defined as either a dedicated water service meter or private submeter shall be installed for all non-residential irrigated landscapes of 1,000 sq. ft. but not more than 5,000 sq. ft. (the level at which Water Code Section 535 applies) and residential irrigated landscapes of 5,000 sq. ft. or greater. A landscape water meter may be either:

a.

A customer service meter dedicated to landscape use provided by the local water purveyor; or

b.

A privately owned meter or submeter.

2.

Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data utilizing nonvolatile memory shall be required for irrigation scheduling in all irrigation systems.

3.

If the water pressure is below or exceeds the recommended pressure of the specified irrigation devices, the installation of a pressure regulating device is required to ensure that the dynamic pressure at each emission device is within the manufactures recommended pressure range for optimal performance:

a.

If the static pressure is above or below the required dynamic pressure of the irrigation system, pressureregulating devices such as inline pressure regulators, booster pumps or other devices shall be installed to

meet the required dynamic pressure of the irrigation system.

b.

Static water pressure, dynamic or operating pressure and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at design stage. If the measurements are not available at the design stage, the measurement shall be conducted at installation.

4.

Sensors (rain, freeze, wind, etc.) either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions such as rain or a freeze shall be required on all irrigation systems, as appropriate for local climate conditions. Irrigation should be avoided during windy or freezing weather or during rain.

5.

Manual shut-off valves (such as gate valves, ball valve, or butterfly valve) shall be required as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency (such as a main break) or routine repair.

6.

If separate water meters are proposed, backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system. A project applicant shall contact the San Diego County Department of Environmental Health for additional backflow prevention requirements.

7.

Flow sensors that detect high flow conditions created by system damage or malfunction are required for all on non-residential landscapes and residential landscapes of 5,000 sq. ft. or larger.

8.

Master shut-off valves are required on all projects except landscapes that make use of technologies that allow for the individual control of sprinklers that are individually pressurized in a system equipped with low pressure shut down features.

9.

The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non-targeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways, or structures.

10.

Relevant information from the soil management plan, such as soil type and infiltration rate, shall be used when designing irrigations systems.

11.

The design of the irrigation system shall conform to the hydrozones of the landscape design plan.

12.

The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in Section 20.330.060.B regarding the Maximum Applied Water Allowance.

13.

All irrigation emission devices must meet the requirements set in the American National Standards Institute (ANSI) standard, American Society of Agricultural and Biological Engineers'/International Code Council's (ASABE/ICC) 802-2014 "Landscape Irrigation Sprinkler and Emitter Standard, All sprinkler heads installed

in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.

14.

The project applicant shall inquire with the retail water purveyor about peak hour water operating demands (on the water supply system) or water restrictions that may impact water availability or water pressure and could compromise the effectiveness of the irrigation system.

15.

In mulched planting areas, the use of low volume water irrigation is required to maximize water infiltration into the roots.

16.

Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufactures specifications.

17.

Head to head coverage is recommended. However, sprinkler spacing shall be set to achieve distribution uniformity using the manufactures specifications.

18.

Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to hardscaped or in high traffic areas of turf grass.

19.

Check valves or anti-drain valves are required on all sprinkler heads where low point drainage could occur.

20.

Areas less than ten (10) feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray.

21.

Overhead irrigation shall not be permitted within twenty-four (24) inches of any non-permeable surface. Allowable irrigation within the setback from a non-permeable surface may include drip, drip line, or other low flow non-spray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if:

a.

The landscape area is adjacent to permeable surfacing and no runoff occurs; or

b.

The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping; or

c.

The irrigation designer specifies an alternative design or technology, as part of the Landscape

Documentation package, and clearly demonstrates strict adherence to irrigation system design criteria in Section 20.330.060.E (Irrigation Design Plan). Prevention of overspray and runoff must be confirmed during irrigation audit.

22.

Slopes greater than twenty-five percent (25%) shall not be irrigated with an irrigation system with a application rate exceeding three-quarter (0.75) inch per hour. This restriction may be modified if the landscape designer specifies alternative design or technology, as part of the Landscape Documentation Package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit.

23.

The irrigation design plan shall contain the following statement: "I have complied with the criteria of this chapter and applied them accordingly for the efficient use of water in the irrigation design plan."

24.

Provide the signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other applicable landscape professional person, authorized to design an irrigation system as listed in the Business and professional Code, California Code of Regulation, or Food and Agriculture Code.

F.

Hydrozone Design.

1.

Each valve shall irrigate a hydrozone with a similar site, slope, sun exposure, soil conditions, and plant materials with similar water use.

2.

Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone.

3.

Where feasible, trees shall be placed on separate valves from shrubs, ground covers, and turf to facilitate the appropriate irrigation of trees. The mature size and extent of the root zone shall be considered when designing irrigation for the tree.

4.

Individual hydrozones that mix plants of moderate and low water use or moderate and high water use, may be allowed if:

a.

Plant factor calculation is based on the proportions of the respective plant water uses and their plant factor or

b.

The plant factor of the higher water using plant is used for calculations.

5.

Individual hydrozones that mix high and low water use plants shall not be permitted.

6.

On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter or other designation. On the irrigation design plan, designate the areas irrigated by each valve, and assign a number to each valve. Use this valve number in the Hydrozone Information table. This table can also assist with pre- and final inspections of the irrigation system and programming the controller.

7.

The irrigation design plan shall show location and size of separate water meters for landscape.

8.

Show location, type and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow devices.

9.

Show the static water pressure at the point of connection to the public water supply.

Property owner name, telephone number, and mailing address;

6.

Certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved Landscape Document Package. Where there have been significant changes made in the field during construction, "asbuilt" or record drawings shall be included with the certification;

7.

A diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller for subsequent management purposes;

8.

Irrigation audit report, see Section 20.330.100 (Irrigation Audit, Irrigation Survey and Irrigation Water Use Analysis);

9.

Parameters used to set the controller; see Section 20.330.080 (Irrigation Scheduling);

10.

Landscape and irrigation maintenance schedule; see Section 20.330.090 (Landscape and Irrigation Maintenance Schedule); and

Soils analysis report, if not submitted with Landscape Design package, and documentation verifying implementation of soil report recommendations; see Section 20.330.060.C (Soil Management Report).

B.

The project applicant shall do as follows:

1.

Submit the signed Certificate of Completion to the Planning Division for review.

2.

Ensure that copies of the approved Certificate of Completion are submitted to local retail water purveyor and property owner or his/her designee.

C.

The Planning Division shall do the following:

1.

Receive the Certificate of Completion from the project applicant.

2.

6.

Root depth setting;

Plant type setting;

8.

Soil type;

Graywater systems promote the efficient use of water and are encouraged to assist in on-site landscape irrigation. All graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) and any applicable City standards. Refer to Section 20.330.020.C (Applicability) for the applicability of this ordinance to landscape areas less than 2,500 square feet with the Estimated Total Water Use met entirely by graywater.

Section 20.330.140 - Storm Water Management and Rainwater Retention ¶

Storm water management practices minimize runoff and increase infiltration that recharges groundwater and improves water quality. Implementing storm water best management practices into landscape and grading design plans to minimize runoff and to increase on-site rainwater retention and infiltration are encouraged.

A.

Project applicants shall refer to both the City's Storm Water Program Manager and Regional Water Quality Control Board for information on any storm water technical requirements.

B.

All planted landscape areas are required to have friable soil to maximize water retention and infiltration.

C.

It is strongly recommended that landscape areas be designed for capture and infiltration capacity that is sufficient to prevent runoff from impervious surfaces (i.e., roof and paved areas) from either: the one-inch, 24-hour rain event or (2) the 85th percentile, 24-hour rain event, and/or additional capacity as required by any applicable local, regional, state or federal regulation.

D.

It is recommended that storm water projects incorporate any of the following elements to improve on-site storm water and dry weather runoff capture and use:

1.

Grade impervious surfaces, such as driveways, during construction to drain to vegetated areas.

2.

Minimize the area of impervious surfaces such as paved areas, roof and concrete driveways.

3.

Incorporate pervious or porous surfaces (e.g., gravel, permeable pavers or blocks, pervious or porous concrete) that minimize runoff.

4.

Direct runoff from paved surfaces and roof areas into planting beds or landscaped areas to maximize site water capture and reuse.

5.

Incorporate rain gardens, cisterns, and other rain harvesting or catchment systems.

Incorporate infiltration beds, swales, basins and drywells to capture storm water and dry weather runoff and increase percolation into the soil.

7.

Consider constructed wetlands and ponds that retain water, equalize excess flow, and filter pollutants.

Section 20.330.150 - Public Education

The City shall provide information to owners of permitted renovations and new, single-family residential homes regarding design installation, management and maintenance of water efficient landscapes based on a water budget. The owners shall contact the local retail water purveyor for additional information.

A.

All model homes that are to be landscaped shall use signs and written information to demonstrate the principals of water efficient landscapes described in this chapter.

1.

Signs shall be used to identify the model as an example of a water efficient landscape featuring elements such as hydrozones, irrigation equipment and others that contribute to the overall water efficiency theme. Signage shall include information about the site water use as designed per this Chapter; specify who designed and installed the water efficient landscape; and demonstrate low water use approaches to landscaping such as using native plants, graywater systems, and rainwater catchment systems.

2.

Information shall be provided about designing, installing, managing, and maintaining water efficient landscapes.

Section 20.330.160 - Provisions for Existing Landscapes

This section shall apply to all existing landscapes that were installed before December 1, 2015 and are over one acre in size:

A.

Irrigation Audit, Irrigation Survey and Irrigation Water Use Analysis.

1.

For all existing landscape installed before December 1, 2015, that are one (1) or more acres, the City shall administer programs to encourage irrigation water use analysis, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the maximum Applied Water Allowance for existing landscape. The Maximum Applied Water Allowance for existing landscape shall be calculated as: MAWA = (0.8)(ETo)(LA)(0.62).

For all existing landscape installed before December 1, 2015 that do not have a meter, the City shall administer programs to encourage irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste.

a.

Maximum Applied Water Allowance for existing landscapes shall be calculated as MAWA = (0.8)(ETo)(LA) (0.62).

b.

The audits shall comply with the Irrigation Association Certified landscape Irrigation Auditor training Manual (2204) or the most current edition.

c.

All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.

B.

Water Waste Prevention. The City and the local retail water purveyors, in concert with the Regional Water Quality Control Board, shall discourage water waste resulting from inefficient landscape irrigation by prohibiting runoff from leaving the target landscape due to, low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, parking lots or structures. Penalties for violation of these prohibitions shall be administered by agencies appropriately authorized.

1.

Restrictions regarding overspray and runoff may be modified is:

a.

The landscape area is adjacent to permeable surfaces and no runoff occurs; or

b.

The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping.

Section 20.330.170 - Effective Precipitation

Effective Precipitation is considered twenty-five percent (25%) of annual precipitation in tracking water use and may use the following equation to calculate Maximum Applied Water Allowance:

MAWA = (ETo - Eppt)(0.62)[(0.55 x LA) + (0.45 x SLA)] for residential areas.

MAWA= (ETo-Eppt)(0.62)[(0.45xLA)+(0.55xSLA)] for non-residential areas.

Section 20.330.180 - Reporting

The City shall report on implementation and enforcement of this Chapter to the California Department of Water Resources annually.

The reporting shall address the following:

A.

The date of adoption of this Ordinance.

B.

Reporting will be for each calendar year.

C.

State how the City's adopted Ordinance is different than the State's adopted Master Water Efficient Landscape Ordinance and how it is at least as efficient as MWELO.

D.

State the entity responsible for implementing the ordinance.

E.

State number and types of projects subject to the ordinance during the specified reporting period.

F.

State the total area (in square feet or acres) subject to the ordinance over the reporting period, if available.

G.

Provide the number of new housing starts, new commercial projects, and landscape retrofits during the reporting period.

H.

Describe the procedure for review of projects subject to the Ordinance.

I.

Describe actions taken to verify compliance such as if a plan check is performed; Is a site inspection performed; if so, by what entity? Is a post-installation audit required; if so, by whom?

J.

Describe enforcement measures.

K.

Explain challenges to implementing and enforcing the ordinance.

L.

Describe educational and other needs to properly apply the ordinance.

Section 20.330.190 - Landscape Bonds/Cash Deposit/Letter of Credit

A Special Landscaping Performance Bond, Cash Deposit, or Letter of Credit in an amount established by the Director and in a form approved by the City Attorney, shall be posted by the developer to guarantee that the plantings will become permanently established. This bond will become effective upon certification that all landscape is planted per the approved landscape plan and will be held by the City for a minimum of eighteen (18) months unless it can be proven that the landscape is thriving in a healthy condition under an approved maintenance plan.

The waiver is consistent with the purpose and intent of this chapter.

3.

Full compliance with the requirements of this chapter would not materially contribute to the objectives of water conservation.

Section 20.330.220 - Conflict, Enforcement, and Interpretation

In the event of a conflict between this chapter and another chapter of this Zoning Ordinance, the more restrictive shall apply.

Section 20.330.230 - Appeal Process

A Landscape Permit is required if a developer or property owner is proposing landscape designs under this chapter. The decision of the final decision-making body or official is final and effective ten (10) calendar days after adoption or the resolution or written decision, unless within such ten (10)-day period the applicant or any other interested party or person files a written appeal utilizing the same appeal procedure to the other permits that are processed concurrently with the Landscape Permit. If no other discretionary permits are being processed concurrently with the Landscape Permit, then the appeal procedures in Chapter 20.545 (Appeals and Revocations) shall apply.

CHAPTER 20.335 - WALLS AND FENCES

Section 20.335.010 - Purpose of Chapter

The purpose of this chapter is to regulate the development, installation, and maintenance of private walls and fences within the community. Specifically, this chapter does the following:

A.

Promotes the public health, safety, and general welfare of the City by regulating the fences and walls protecting or separating real property.

B.

Further modifies the operation of allowable land uses by regulating the installation, operation, and maintenance of all walls and fences.

(Ord. No. 2017-1450, 9-12-2017)

Section 20.335.020 - Applicability

The provisions of this chapter shall be applicable to all walls and fences required by any land use or within any Zone of this Title except as modified by Chapters 20.400 (Specific Use Standards) or 20.445 (Refuse and Recycling).

A.

Review Required. The review of fences and walls shall be an integral part of any site plan, permit, or Site Development Plan Review application. Compliance with all wall and fence standards shall be required, unless otherwise modified by a DP.

B.

Swimming Pools, Spas, and Similar Features. Swimming pools, spas, and similar features shall be fenced in accordance with the California Building Code.

(Ord. No. 2017-1450, 9-12-2017)

Section 20.335.030 - General Development Standards

A.

Architectural Compatibility. Walls, fences, and architectural screening elements shall be compatible with the architectural treatment of the primary building on the parcel, and shall meet all standards applicable to the Zone unless otherwise modified by this chapter.

B.

Visibility. No wall, fence, or landscaping element shall interfere with intersection visibility or line of sight or other safety issue. See Figure 20.300-4.

C.

Blank Walls Prohibited. Blank walls are prohibited. Where screening or security walls (excluding wrought iron fences} are located within ten (10) feet of a public ROW, landscaping shall be provided between the wall and the ROW to a minimum height of forty-two (42) inches to minimize opportunities for crime and unsafe conditions.

D.

Permitted Materials. Approved materials include: wood, vinyl, stone, masonry, brick, block, stucco, wrought iron, and concrete. Where opaque walls are required, they shall be constructed of brick, split-face block, stone, or frame-stucco.

E.

Prohibited Materials.

1.

Barbed, razor, concertina, corrugated metal and plastic, tarps, and electrified wire of any kind or configuration is prohibited in all Zones, except as modified by Section 20.335.030.E.2 below.

2.

Woven wire, barbed wire, or electrified fencing may be permitted in the front and side yards of all Agricultural (A) Zones only if needed to secure livestock and/or horses; maximum height not to exceed seventy-two (72) inches.

3.

Chain-link fencing and similar material are prohibited along any public ROW regardless of setback. Where chain-link fencing is used, it shall not be visible from the public ROW. This standard shall apply to all Zones except Agricultural (A) Zones.

F.

Maximum Height. The height of all walls, fences, and architectural screening elements shall be measured from the finished grade of the property to the highest point of the element.

1.

Table 20.335-1 established maximum wall/fence heights by Zone.

2.

Where additional height is needed based on security or specific site operating requirements, additional wall/fence height may be approved through a DP, subject to evaluation of adjacencies and necessity.

3.

Hedges or other vegetation shall not exceed the maximum height of walls permitted in the Zone so located.

Figure 20.335-1

Fence Height by Location (applicable to R Zones)

==> picture [408 x 201] intentionally omitted <==

Table 20.335-1

Wall/Fence Maximum Height Standards by Zone

Setback Location	Maximum Permitted Height by Setback	Maximum Permitted Height by Setback	Maximum Permitted Height by Setback	Maximum Permitted Height by Setback
	A & R Zones*		P-I Zone		MU Zones		Commercial		Industrial
	<Min. Setback	≥Min. Setback	<Min. Setback	≥Min. Setback	<Min. Setback	≥Min. Setback	<Min. Setback	≥Min. Setback	<Min. Setback	≥Min. Setback
Front PL	42"'	6'	42"	42"	- - -	6'	42"	6'	- - -	6'
Public ROW	42"	6'	6'	6'	- - -	6'	42"	6'	- - -	6'
Interior PL	- - -	6'	6'	6'	7'	7'	8'	8'	10'	10'
Adjacent to R PL	- - -	6'	6'	6'	6'	6'	6'	6'	6'	6'

Note: - - - = not permitted. Heights may be modified by DP or the standards of Chapter 20.400 (Specific Use Standards).

*Or as regulated by Sections 20.335.050 (Single-Family Residential Requirements) and 20.335.060 (Agricultural Zone Standards); privacy fence allowed along rear and interior property lines to the maximum height indicated.

(Ord No. 2017-1450, 9-12-2017)

Section 20.335.040 - Non-Residential and Mixed Use Requirements

Walls and fences define space, provide buffers between properties and uses, and may be used for security purposes. Where fences and walls are used they shall comply with the provisions of this chapter. Fences and wails shall comply with one (1) or a combination of the following fencing standards, as appropriate for the parcel and adjacent uses:

A.

Required.

1.

The use of fences and walls along public ROWs is not required in non-residential and Mixed Use Zones, unless specifically required in conjunction with a land use per the standards of Chapter 20.400 (Specific Use Standards).

2.

Opaque decorative masonry walls, fixed height of six (6) feet, shall be constructed along all property lines abutting properties that have more restrictive Zone.

B.

Open-Style Standards. Open-style fences such as spaced wood, chain-link with redwood slats, and ornamental iron, can be provided when that type of fencing complies with one (1) of the following landscaping requirements, subject to Director approval:

1.

Gaps in spaced wood (or simulated wood) fences not to exceed four (4) inches, or one-half (1/2) the width of the average board or slat, whichever is less.

2.

Planting with sufficient vines or climbing ivy of an acceptable density to ensure complete view-obstructing screening within one (1) year of planting.

3.

Combination of landscaped berm and solid masonry block wall to a minimum height of six (6) feet. Trees of the evergreen variety or other year-round, leaf-bearing type shall be planted so that they exceed this minimum height.

On lots of one (1) gross acre or larger in size, open fences consisting of wrought iron, tubular steel, pipe corral, vinyl-coated chain-link, or rails may be a maximum of sixty (60) inches in height. For the purposes of this chapter, "open fences" means any fence which is ninety (90) percent open/transparent. For all corner lots, the line-of-sight triangle shall not be obstructed and fences shall not exceed forty-two inches within this area (see Figure 20.300-4).

b.

Posts, pilasters, or other support elements for such fences shall not exceed twenty-four (24) inches in any horizontal measurement (width and diameter), shall be spaced a minimum of eight (8) feet apart (edge to edge), and shall not exceed a height of sixty-six (66) inches.

The maximum height of driveway entry gates and associated pilasters shall not exceed seventy-eight (78) inches. A driveway entry gate and associated pilasters shall be located adjacent to a driveway and may be located within the front yard setback area, provided a minimum twenty (20)-foot setback is maintained to the edge of the street intersecting the driveway to allow the vehicle entering the property to stop in the driveway during operation of the gate without impacting traffic in the street.

2.

Side street setback area maximum height of forty-two (42) inches within the front setback area, otherwise, six (6) feet. In the side street setback area for corner lots, fencing shall have a maximum height of 6 feet except for any portion that extends into the front yard setback area where the maximum height shall be 42 inches, except as follows:

a.

On lots of 1 acre or larger in size, an open fence as described in Section 20.335.060.A.1.a may be allowed up to sixty (60) inches in height within the front yard setback area. The line-of-sight triangle shall not be obstructed therefore any fence within this area shall not exceed forty-two (42) inches in height (see Figure 20.300-4).

3.

Side, interior and rear property lines maximum height of six feet.

(Ord No. 2017-1450, 9-12-2017)

CHAPTER 20.340 - OFF-STREET PARKING AND LOADING

Section 20.340.010 - Purpose of Chapter

The purpose of this chapter is to regulate the provision of off-street parking and loading for all land uses, facilitate community-wide accessibility, and promote viability of business within San Marcos. Specifically, the purpose of this chapter is to do the following:

A.

Ensure adequate off-street parking and loading facilities to serve land use needs.

B.

Provide adequate off-street parking, circulation, and access to help support the viability of businesses in the City.

C.

Maintain efficient use of land by avoiding excessive amounts of parking.

D.

Allow parking alternatives and reductions to off-street parking requirements that provide flexibility in meeting off-street parking needs, when appropriate.

E.

Ensure off-street parking and loading facilities are designed in a manner that ensures efficiency, protects public safety, minimizes adverse impacts to adjacent land uses, and promotes the general welfare of the community.

Section 20.340.020 - Applicability

A.

Applicability. The standards of this chapter shall be applied to new construction and establishment, conversion, or expansion of any land use in the City, applicable to increases in floor space, seating capacity, dwelling units, employees, or rooms/beds associated with a building or structure. Operations associated with a land use shall not commence, nor a building be occupied, unless off-street parking and loading facilities conform to the requirements of this chapter. Exceptions to these standards are permitted when either of the following occurs:

1.

An adopted Specific Plan, policy plan, or special overlay district supersedes the provisions of this chapter; or

2.

An exception has been granted through a Variance or DP in accordance with the provisions in Chapters 20.525 (Variances) and 20.510 (Director's Permit), respectively.

Section 20.340.030 - General Requirements

A.

Use of Parking Areas. Parking spaces regulated in this chapter shall be solely used for parking, not for the display of merchandise; storage or display of equipment; display for sale or lease; or repair of vehicles, trailers, recreation vehicles, boats, and etc. except when permitted by Chapter 20.455 (Temporary Events).

B.

Required Availability and Maintenance. All off-street parking and loading required by this chapter shall be available during all hours of operation, marked for their intended uses, and reserved for parking and loading purposes for the life of the use or facility. Parking spaces and associated driveways, maneuvering areas, and landscaping shall be maintained free of vandalism and litter. Striping, paving, walls, lights, and all other facilities shall be maintained in good condition.

C.

Existing Facilities. Any building or use for which parking facilities become substandard by the adoption of this chapter shall be considered a nonconforming use. Such nonconforming use may continue, but no

enlargement or expansion in such a use or building shall be made unless the required number of parking spaces or parking area, as designated by this chapter are provided.

D.

Change of Occupancy or Use. For a change of occupancy, a new business license, or enlargement of a structure or use where the parking demand is increased, off-street parking facilities and loading shall be provided in compliance with the minimum requirements of this chapter.

E.

Parking of Inoperable or Unregistered Vehicles. Except as set forth in this chapter, it shall be unlawful for any person to park or store an automotive vehicle or trailer without current registration from the Department of Motor Vehicles or in inoperable condition, except when stored in a fully enclosed building.

F.

Change of Parking Requirements. When parking requirements, as set forth in this chapter, are amended, such amendments shall not invalidate a previously approved permit.

G.

Request for Special Review of Parking. Modifications to parking improvement standards or other parking provisions in this chapter shall be considered in conjunction with the review permit applications or Site Development Plans by the appropriate authority. The applicant shall submit with the request, evidence necessary to demonstrate the unusual conditions warranting the modification, such as floor plans and other evidence, as requested by the reviewing authority.

Section 20.340.040 - Required Number of Parking Spaces

The requirements of this Section shall be applied uniformly, based on land uses, regardless of the Zone in which a land use is to be located, unless otherwise specified.

A.

Minimum Standards. Every use shall provide at least the minimum number of off-street parking spaces required by Table 20.340-1 (see Section 20.340.090 (Bicycle Parking) for bicycle parking requirements). Reductions to the parking requirements may be permitted, subject to compliance with the provisions of Section 20.340.050 (Off-Street Parking and Trip Reduction Measures). Required parking space dimensions, based on parking configuration, are established in Table 20.3403, Section 20.340.060 (Off-Street Parking Size and Location).

B.

Uses Not Listed. Parking requirements for uses not specifically listed in Table 20.340-1 will be determined by the Director, based on comparable uses in the Table or through a parking demand analysis of similar facilities in the region.

Mixed Use Sites. Where multiple land uses are combined within a single building, structure, or parcel, offstreet parking facilities for a single use shall not be considered as providing required parking facilities for any other uses. The aggregate number of parking spaces for each separate use, required by this chapter, shall be met, except where otherwise specified and a reduction of parking is allowed in compliance with Section 20.340.050 (Off-Street Parking and Trip Reduction Measures).

D.

Rounding Calculations. Calculations resulting in a fractional number shall be treated as follows: one (1) parking space is required for fractions of one-half (0.5) or greater; no additional parking space is required for fractions of less than one-half (0.5).

E.

Calculations.

1.

Gross Floor Area Calculations. Gross floor area calculations are based on the area within the surrounding exterior walls of a building or any portion, thereof, including shared bathroom spaces, storage areas, and areas for circulation.

2.

Seating Calculations. Where fixed seats provided are either benches, bleachers, or pews, such seats shall be calculated at one (1) seat per eighteen (18) inches and one (1) seat per twenty-four (24) inches of booth length for dining.

3.

Assembly Area Calculations. All rooms or areas that can be logically used for seating, in addition to any fixed seating area, shall be calculated in determining the parking requirement for assembly areas.

Table 20.340-1

Parking Requirements by Land Use

Land Use	Minimum Required Parking	Additional Use Regulations
Residential Uses
Animal Keeping, Small	None required
Accessory Dwelling Unit/Accessory Dwelling (Ord. 2017-1445, 7/11/2017)		See Chapter 20.410
Caretaker Unit	1 space
Child Care Facility, Large Family Home	Required residential unit parking spaces and 1 space/2 employees	Tandem parking is permitted in driveways; vehicles cannot encroach into public rights- of-way
Child Care Facility, Small Family Home	Required residential unit parking spaces	Tandem parking is permitted in driveways; vehicles cannot encroach into public rights- of-way
Community Garden	None required.
---	---	---
Duplex	2 spaces/unit; guest parking: 1 space/3 units	1 space shall be covered
Emergency Shelter	1 space per on duty staf person
Qualifed Worker Housing, Large	1 space/unit
Qualifed Worker Housing, Small
Live/Work Space or Live/Work Unit	Refer to live/work requirements under Section 20.340.040.F, Table 20.240-2
Mobile/Manufactured Home
Mobile/Manufactured Home Mini Park	2 covered spaces/mobilehome; 1 guest space/6 mobilehomes	Tandem parking is permitted
Mobile/Manufactured Home Park
Multifamily Dwelling	Studio: 1 space/unit; 1 Bedroom Unit: 1.5 space/unit 2+ Bedroom Unit*: 2 spaces/unit; 1 space shall be covered Guest Parking: 1 space/3 units	*1 garage space shall be provided for condominiums, duplexes, townhomes, patio homes. Apartments shall provide one covered parking space (garage or carport) of the required ratio. Additional multifamily requirements are provided in Section 20.340.040.G
Multifamily Dwelling, Afordable Housing (deed restricted)	Parking to be provided based on State's	Additional multifamily requirements are provided in Section 20.340.040.G
Planned Residential Development (PRD)	Sum of individual parking requirements for each use; residential parking by bedroom count	Chapter 20.435 (Planned Residential Development)
Recreational Vehicles (RVs)/Parks	To be determined by the Director during SDP or CUP review process.
Residential Care Facility, Small & Large	1 space/3 residents	Provision of parking shall be based on the population served and level of care provided at the facility. Minimum requirements here are guidelines for establishing appropriate service levels on a case by case basis at time of SDP review
Rooming House	1 space/room; plus 2 spaces
Senior/Age-Restricted Dwelling or Unit	1.25 spaces/unit	Satisfes resident and visitor parking
Single-Family Attached	2 spaces/unit	1 space shall be covered
Single-Family Detached	≤3,000 s.f. unit: 2 attached covered spaces required; >3,000 s.f. unit: 3 attached covered spaces required	See Table 20.340-5 for additional standards; Section 20.340.060.H
Supportive Housing	Studio: 1 space/unit 1 Bedroom Unit: 1.5 space/unit 2+ Bedroom Unit: 2 spaces/unit; 1 space shall be covered, Guest Parking: 1 space/3 units
Transitional Housing	2 covered spaces/unit
Recreation, Education & Public Assembly Uses
Animal Keeping, Large	1 space/250 s.f. gross foor area
Assembly and Recreation	To be determined by the Director during SDP or CUP review process.
---	---	---
Automobile Parking Lot or Storage Garage (Enclosed or Freestanding)	Adequate for facility, building, or area served.
Cemetery	As provided by internal circulation system.
Child Care Facility, Daycare Center	1 space/2 employees plus 1 space/5 children (per maximum capacity) or 1 space/10 children where adequate drop-of facilities are provided per 20.340.040.I.1.
Club	10 spaces/1,000 s.f. of assembly foor area
College, Nontraditional Campus Setting	3 spaces/1,000 s.f.
College, Traditional Campus	1 space/3 non-resident students; plus 1 space/3 employees and faculty
Conference/Convention Center	To be determined at time of Site Development Plan Review
Extended Care Facility	To be determined by the Director during SDP or CUP review process.
Museum, Library, or Gallery	1 space/350 s.f. gross foor area	Section 20.340.040.C
Outdoor Recreation Facility	To be determined by the Director during SDP or CUP review process.
Places of Assembly	1 space/4 fxed seats or 1 space/50 s.f. assembly foor area with no fxed seating	Section 20.340.040.C
Small Place of Assembly	1 space/150 s.f. plus 1 space/instructor or employee.
Public Buildings and Facilities	To be determined at time of application based on building/facility purpose.
Public Maintenance Buildings and Facilities
Public Park/Open Space/Recreation	To be determined by the Director during SDP or CUP review process.
Recreation Facilities/Park (Manufactured Home Park Zone)	To be determined by the Director during SDP or CUP review process.
School	Elementary or Secondary School: 1.5 spaces/classroom; 1 space/2 employees; and 1 space/75 s.f. multipurpose/auditorium foor area High School: 1 space/2 employees and 1 space/5 students
Small Wind Energy Systems	No parking required.	Only applies to private facilities in Residential Zone.
Sport Court, Lighted & Unlighted	3 spaces/court and/or 1 space/200 s.f. gross foor area
Stable, Private	None required.
Stable, Public	1 space/4 stalls and/or enclosures
Swimming Pool/Sauna/Hot Tub	No parking required.	Only applies to private facilities in Residential Zone
Agricultural Uses
---	---	---
Agricultural/Horticultural, Non-Commercial	No parking required.
Agricultural/Horticultural, Commercial	1 space/250 s.f. gross foor area plus 1 space/1,000 s.f. outdoor area usage
Agricultural/Horticultural, Processing and Packaging	1 space/250 s.f. gross foor area plus 1 space/1,500 s.f. outdoor area/greenhouse space
Small Animals
Plants and Crops

Land Use	Minimum Required Parking	Additional Use Regulations
Plants and crops Wholesale Production	1 space/3 employees plus on-site area for 1 commercial loading/unloading vehicle	Only applies in R-1-20 Zone
Greenhouse/Nursery
Commercial Production	1 space/250 s.f. gross foor area; plus 1 space/1,500 s.f. outdoor area usage
Retail
Sales Stand	2 spaces
General Retail Uses
Adult Entertainment Business	1 space/250 s.f. gross foor area plus 1 space/2 employees
Animal Shelter	1 space/250 s.f. gross foor area
ATM, Freestanding Exterior/Exterior Wall	1 space/ATM, plus queue space for 5 cars for drive-through facilities
ATM, Interior to Building/Vestibule	1 space/ATM; on-street parking may satisfy requirements at the discretion of the Director.
Automotive Fueling Station	1 space/1,000 s.f. minus convenience store area; plus 3.3 spaces/1,000 s.f. convenience store; plus 5 queue spaces for self-service auto wash
Automotive Rentals	2.5 spaces/1,000 s.f.
Automotive Sales, New	1 space/400 s.f. interior showroom foor area and ofce plus 1 space/2,000 s.f. outdoor display area plus 1 space/300 s.f. foor area for the parts department
Automotive Sales, Other Vehicle Sales	1 space/1,000 s.f. interior showroom foor area plus 1 space/1,000 s.f. outdoor display area plus 1 space/350 s.f. ofce foor area
Automotive Sales, Used
Automotive Sales, Wholesale
Bar	1 space/3 seats or 1 space/100 s.f. gross foor area whichever is greater
Catering	1 space/400 s.f. gross foor area
Catering, Food Truck	Per issued food facility permit requirements
Cigar Lounge/Smoke Shop	1 space/250 s.f. gross foor area
Commercial Artist/Production Studio	1 space/350 s.f. gross foor area
Commercial Entertainment	1 space/3 seats up to 800 seats then 1 space/6 seats +1 space/employee
Commercial Recreation, Indoor	1 space/250 s.f. gross foor area; plus 1 space/employee
---	---	---
Commercial Recreation, Outdoor	4 spaces/court and/or 1 space/200 s.f. gross foor area
Drive-Through	Parking per primary land use	Refer to stacking per Section 20.340.040.H
Dry Cleaning or Laundry, Plant	1 space/500 s.f. gross foor area
Employee Services	3 spaces/1,000 s.f.
Funeral Home/Mortuary	14 spaces/1,000 s.f.
Kiosk (stand-alone)	2 spaces
Lodging, Bed & Breakfast	1 space/guest room; plus 2 spaces
Lodging, Hotel	1 space/guest room; plus 10 spaces/1,000 s.f. banquet, assembly, meeting, or restaurant foor area or 1 space/8 seats; for accessory retail uses greater than 5,000 s.f.: 2.5 spaces/1,000 s.f.	Additional parking per standards if additional uses (e.g., restaurants, conference/convention centers) are open to public patronage
Lodging, Motel
Market, Grocery/Supermarket
Market; Convenience	1 space/250 s.f. gross foor area
Market; Liquor
Market; Specialty Food and Beverage
Merchandise Sales, Discount	1 space/250 s.f. gross foor area
Merchandise Sales, New Retail <100,000 s.f.
Merchandise Sales, New Retail <30,000 s.f.
Merchandise Sales, New Retail >100,000 s.f.
Merchandise Sales, Showrooms	1 space/250 s.f. gross foor area
Merchandise Sales, Used/Pawn
Moving Company	1 space/4,000 s.f. gross foor area
Nightclub	1 space/30 s.f. of dance foor area; 1 space/100 sf of bar/seating area
Nursery (Retail-Plant)	1 space/250 s.f. gross foor area plus 1 space/1,000 s.f. outdoor area usage
Outdoor Dining	Area comprising less than 25% of indoor seating shall not require additional parking; area greater than 25% of the indoor spaces shall require 1 space/150 s.f.
Parcel Delivery Service	1 space/250 s.f. gross foor area For ofce space; 1 space/500 s.f. gross foor area
Parking Lot Sale	No parking required for temporary events; minimum of 80% of parking lot shall be available for parking during event.	20.455 Temporary Events
Restaurant, Sit-Down and/or Take-Out	1,000 s.f. or less: 1 space/250 s.f. gross foor area plus 2 employee spaces; 1,001-4,000 s.f.: 1 space/3 seats or 1
	space/100 s.f. gross foor area whichever is greater; plus 3 employee spaces; 4,001 s.f. and larger: 1 space/3 seats or 1 space/100 s.f. gross foor area whichever is greater; plus 1 space/employee
---	---	---
Ofce, Professional, and Business Support Services
Business Support Service	1 space/250 s.f. gross foor area
Financial Institution	1 space/250 s.f. gross foor area; for drive-
Financial Institution, with Drive-Through	through facilities, refer to stacking per Section 20.340.040.H
Internet-Based Sales	1 space/350 s.f. gross foor area
Medical; Hospital	1 space/3 beds plus 1 space/250 s.f. administration
Medical; Urgent Care	1 space /200 s.f. gross foor area
Ofce; Corporate, Regional Administrative, Business, and Professional	1 space/250 s.f. gross foor area
Ofce; Government	1 space/200 s.f. gross foor area
Ofce; Medical, Dental, and Holistic	1 space/200 s.f. gross foor area	Including massage establishments.
Research and Development (R&D)	1 space/400 s.f. gross foor area
R&D Fabrication and Light Manufacturing	1 space/500 s.f. gross foor area
Technical/Scientifc/Medical Laboratory, Incidental Uses	1 space/350 s.f. gross foor area
Service Uses
Animal Sales and Services	1 space/400 s.f. gross foor area
Auctions, Indoor	1 space/3 fxed seat, or 1 space/100 s.f. assembly space
Automotive Services, Repair	1 space/800 s.f. gross foor area + 1 for every employee
Automotive Services, Washing/Detailing	1 space/500 s.f.; plus queue spaces for minimum of 5 cars
Dry Cleaning or Laundry, Agency	1 space/250 s.f. gross foor area
Equipment Rental Yards	1 space/250 s.f. gross foor area plus 1 space/10,000 s.f. outdoor area usage

Land Use	Minimum Required Parking	Additional Use Regulations
Firearm Shooting Range (Indoor) (Ord. No. 2016-1419, 2-23-2016)	1.25 parking spaces/shooting lane, plus 1 parking space for every 250 square feet of retail and ofce area, plus 1 parking space for every 4,000 square feet of storage/warehouse area
Massage Establishment	1 space/treatment room; plus 1
Massage, Accessory Use	space/employee
Personal Services, Fitness/Health Facility	1 space/250 s.f. gross foor area; plus 1 space/employee
Personal Services, General	1 space/300 s.f. gross foor area
Personal Services, Instructional and Limited Instructional	1 space/250 s.f. gross foor area; plus 1 space/employee
Tattoo and/or Body Art Facility	1 space/250 s.f. gross foor area; plus 1 space/employee
---	---	---
Industrial, Manufacturing & Processing Uses
Boat Building	1 space/500 s.f. gross foor area
Building Material Storage & Sales Yard	1 space/10,000 s.f. gross storage area (indoor or outdoor) plus parking for ofce foor area per this Table
Commercial Bakery	1 space/500 s.f. gross foor area + 1 space for every 200 s.f. of service area open to public
Contractor Ofce & Services	Per square footage of individual uses per this Table
Food Processing	1 space/750 s.f. processing foor area plus 1 space/300 s.f. ofce gross foor area
Fueling Station; Fleets	1 space/300 s.f. ofce space plus 1 space/4 bays
Furniture and Carpentry	1 space/500 s.f. gross foor area
Industrial Design and Services	1 space/400 s.f. gross foor area except ofce area shall provide 1 space/300 s.f. gross foor area and retail area shall provide 1 space/250 s.f. gross foor area	Section 20.340.040.C
Machine Repair Shop	1 space/500 s.f. gross foor area
Manufacturing and Assembly	1 space/500 s.f. gross foor area plus 1 space/300 s.f. ofce gross foor area
Metal Working Shop	1 space/500 s.f. gross foor area
Microbrewery/winery Tasting Room	1 space/500 s.f. gross foor area
Microbrewery/winery Tasting Room with Restaurant	1 space/500 s.f. gross foor area plus 1 space/3 seats, plus 1 space/2 employees
Newspaper Printing	1 space/500 s.f. gross foor area plus 1 space/300 s.f. ofce gross foor area
Outdoor Storage, Accessory Use	1 space/10,000 s.f. gross storage area (idr r tdr) l rki fr f	Sti 20340040C
Outdoor Storage, Primary Use	noo o ouoo pus pang o oce foor area per this Table	econ ...
Renewable Energy Harvesting/Production	To be determined at time of application review.
Self-Storage	3 spaces, plus 1 space/100 units
Warehousing, Indoor	1 space/4,000 s.f. gross foor area plus parking for ofce foor area per this Table	Section 20.340.040.C
Water Treatment and Filtering Services	To be determined at time of Site Development Plan Review
Wholesale, Processing, and Distribution	1 space/4,000 s.f. gross foor area; or 1 space for each employee and employer, whichever is greater.
Transportation, Communication & Utility Uses(2)
Antenna or Communication Facility	No parking required; sufcient usable on-site area shall be provided for employee/service agents and loading activities
---	---	---
Non-Public Antenna or Communication Facility	To be determined at time of application review.
Parking; Fleets	No parking required
Public Utilities
Transportation Dispatch Only	1 space/500 s.f.; plus 1 space/commercial vehicle
Transportation Dispatch, Fleet Usage
Recycling Facilities
Small Collection Facility	1 sace/500 sf; lus 1 sace/bin
Large Collection Facility	p .. p p
Small Processing Facility	1 sace/400 sf ross foor area
Large Processing Facility	p .. g
Reverse Vending	2 spaces

F. Mixed Use Parking Requirements

Table 20.340-2

Mixed Use Parking Requirements

Land Use	Minimum Required Vehicular Parking	Minimum Required Motorcycle Parking	Minimum Required Bicycle Parking
Residential Studio 1 Bedroom Unit 2 Bedroom Unit 3+ Bedroom Unit	1 space/unit 1.25 space /unit 1.75 spaces/unit 2.0 spaces/unit	0.1 space per studio 0.1 space per unit 0.1 space/unit 0.1 space/unit	0.5 space per studio 0.5 space per unit 0.75 space/unit 1 space/unit
Senior Housing	0.8 space/unit	0.1 space/unit	0.5 space/unit
Live-Work Units	≤ 2,000 s.f.: 1 space > 2,000 s.f.: 2 spaces	0.25 space/1,000 s.f. per unit 0.25 space/1,000 s.f. per unit	.75 space/1,000 s.f. per unit .75 space/1,000 s.f. per unit
Non-Residential	1 space/350 s.f.	0.75 space/1,000 s.f. per unit	.75 space/1,000 s.f. per unit
Restaurants Sit-down Take-out	1 space/120 s.f. 1 space/150 s.f.	1 space/1,000 s.f. 0.25 space/1,000 s.f.	1 space/500 s.f. 1 space/2,000 s.f.

G. Additional Multifamily Requirements

Residential projects and Mixed Use projects with residential components that provide required uncovered parking shall assign parking spaces by dwelling unit. Spaces shall be clearly marked to denote assigned parking. For the convenience of tenants and guests, parking spaces shall be located as close as possible to the unit or common facility it is intended to serve. The project applicant shall submit a Parking Management Plan during the Site Development Plan Review.

2.

Required guest parking shall be provided, per the requirements in Table 20.340-1 and shall be clearly marked. Guest parking need not be in addition to required residential parking when parking spaces are not assigned.

3.

Parking spaces adjacent to non-residential tenants shall be clearly marked for customer parking and shall not permit residential assigned parking.

4.

All permanent, assigned, and unassigned spaces must be full sized spaces, nine (9) feet wide by eighteen (18) feet long. Unassigned spaces are permitted to include compact spaces, evenly distributed throughout the project.

H.

Drive-Through Facilities/Stacking Capacity. For drive-through facilities that permit transaction of business directly with customers within a motor vehicle, the minimum length provided per vehicle for stacking capacity of vehicles in a drive-through service lane shall be twenty-five (25) linear feet. The total stacking capacity required shall be determined through CUP review and approval.

I.

Prohibited Uses and Exceptions

1.

Daycare or Commercial Child Daycare. Required parking may be reduced per the standards of Table 20.340-1 where adequate drop-off facilities are provided.

a.

Drop-off facilities shall be designed to accommodate a continuous flow of vehicles to safely load and unload children. Adequacy will be determined by the approval authority during project application review.

2.

Overnight Parking. Outside overnight parking is prohibited for vehicles associated with repair activities and fueling/service stations.

Permitted Off-Site Parking. Off-site parking may be used to comply with the required off-street parking, subject to the provisions of Section 20.340.080 (Off-Site Parking Alternatives).

(Ord. No. 2022-1527, § 2(Exh. A), 10-25-2022; Ord. No. 2021-1512, § 2(Exh. B), 1-11-22; Ord. No. 20231539, § B(Exh. A), 12-12-2023)

Section 20.340.050 - Off-Street Parking Size and Location

Every use shall provide the required off-street parking spaces in accordance with the location and dimensional requirements in this Section.

A.

Vehicular Parking and Driveway Sizes. Table 20.340-4 regulates minimum off-street space dimensions and drive aisle requirements for various angles of parking. See Figure 20.340-1 that graphically supplements Table 20.340-4.

Table 20.340-4

Parking Dimensions Table

Angle	A	B1	C2	D	E
	Space Width	Space Depth	Space Length	One-Way Aisle Width	Two-Way Aisle Width
Standard Vehicle
Parallel2	9' 0"	9' 0"	22' 0"	12' 0"	20' 0"
30°	9' 0"	18' 0"	20' 0"	12' 0"	24' 0"
45°	9' 0"	20' 6"	20' 0"	14' 0"	24' 0"
60°	9' 0"	22' 0"	20' 0"	18' 0"	24' 0"
Perpendicular	9' 0"	18' 0"	18' 0"	24' 0"	24' 0"
Compact Vehicle4
Parallel3	8' 6"	8' 6"	20' 0"	12' 0"	20' 0"
30°	8' 6"	15' 6"	16' 0"	12' 0"	24' 0"
45°	8' 6"	17' 0"	16' 0"	14' 0"	24' 0"
60°	8' 6"	18' 0"	16' 0"	18' 0"	24' 0"
Perpendicular	8' 6"	16' 0"	16' 0"	24' 0"	24' 0"

Notes:

Measured perpendicular to aisle.

;hg;The paved parking space length may be decreased by up to 2 feet by providing an equivalent vehicle overhang into landscaped areas, or other paved walkways.
;hg;End spaces may be reduced to 18 feet.
;hg;Compact spaces shall not exceed the overall number of required parking spaces in Section 20.340.060.I.

==> picture [409 x 208] intentionally omitted <==

B.

Minimum Vertical Clearances. Vertical clearance for all standard parking spaces, including entrances, shall be a minimum of seven (7) feet, except the front three (3) feet of a parking space in an enclosed garage in a residential Zone may have a vertical clearance of four (4) feet.

C.

Minimum Drive Aisle and Driveway Widths. Drive aisle widths in parking areas shall comply with the minimum requirements specified in Table 20.340-4. Residential garages shall reference subsection H, below. Shared driveway access with adjacent lots is encouraged, provided the following requirements are met:

1.

The driveway is directly adjacent to a shared property line;

2.

An easement for the use of the driveway is obtained;

3.

The driveway width is adequate to serve the additional number of vehicles to be served.

D.

Driveway Entrances. Parking lot driveway entrances shall be located in a manner to coordinate with future median openings and shall line up with opposite side driveway entrances. Location criteria shall be per the City's Urban Street Design Criteria or its successor and shall be to the satisfaction of the City Engineer.

E.

Sufficient Vehicular Maneuvering Area, Access, and Circulation. The following standards are provided to ensure suitable maneuvering and circulation for parking lots or loading areas accessed from a public street

or alley:

1.

All access and circulation shall facilitate vehicles entering and exiting a facility or lot without backing up into a public street, reentering a public ROW, or making other hazardous turning movements, including trucks, solid waste, emergency, and other public service vehicles.

2.

If such circulation, described in paragraph A is not possible, a turnaround area shall be provided, subject to the requirements of the San Marcos Fire Department or City of San Marcos Engineering Division.

3.

Traffic controls at ingress and egress points and directional arrow markings on the pavement may be required, as determined to be necessary by the City for public safety.

F.

Parking Location. Off-street parking shall be provided in a paved parking area, building, as follows:

1.

Residential Development. All off-street parking for residential uses shall be located on the same site as the uses they are intended to serve, but shall not be located within a required front or corner side setback, except as otherwise provided in this chapter.

2.

Multifamily Residential within Mixed Use Development. At least one (1) space for each residential unit shall be located on-site; other required parking spaces may be located off-site, subject to the standards for offsite parking in Section 20.340.080 (Off-Site Parking Alternatives) and the following standards.

a.

Residential parking garages shall be located adjacent and behind the building elevation.

b.

Surface parking for commercial uses shall be located adjacent to or behind buildings and is prohibited at street corners, unless otherwise approved by the City at the time of site development review.

3.

Non-Residential Development within Mixed Use. Parking required to serve non-residential uses may be on the same or different site as the uses served, subject to complying with the standards for off-site parking in Section 20.340.080 (Off-Site Parking Alternatives).

G.

Design Exceptions. Where an applicant can demonstrate to the satisfaction of the approval authority that exceptions on the dimensions, otherwise required by this Section, are warranted in order to achieve environmental design and sustainable building objectives (i.e., certification under the LEED™ Green Building Rating System or an equivalent), specific parking area design variances may be approved by the Director.

H.

Garage Standards . Consistent with the standards of Chapter 20.215 (Residential Zones), garages within the R Zones shall conform to the standards and regulations of Table 20.340-5. All garages and parking spaces shall be constructed concurrently with the dwelling unit prior to occupation.

Table 20.340-5

Garage Development Standards

Home Type	Garage/Space Type	Minimum Dimension Requirements	Additional Regulation(s)
Residential and Agricultural Zones
≤3,000 s.f. dwelling unit	Attached 2 Car	20 feet x 20 feet (400 s.f.) interior minimum	Shall be constructed out of the same materials as the principal dwelling structure on the lot or parcel.
≥3,001 s.f. dwelling unit	Attached 3 Car	20 foot depth required, 640 s.f. interior minimum	Third space may be tandem; no required portion shall be eligible for garage conversion
R-2/R-3 Zone
Rental	Single unit-assigned parking space	12 feet x 20 feet (240 s.f.) interior minimum	Space shall be covered and assigned
Ownership	Single enclosed garage space	12 feet x 20 feet (240 s.f.) interior minimum	Automatic garage door required

I.

Compact Car Spaces. Compact car spaces may be permitted in accordance with the following standards:

1.

Dimensions. Spaces shall be the minimum size specified in Table 20.340-4.

2.

Designation of Parking. "Compact" shall be clearly marked on the pavement or curb to designate spaces.

3.

Distribution of Spaces. When included, compact spaces shall be distributed throughout the parking area, and shall not be provided disproportionately near building(s).

4.

For Industrial and Office uses. Parking lots of thirty (30) or more spaces shall be permitted to include compact spaces for up to twenty percent (20%) of total required spaces.

5.

For Uncovered Multifamily Parking and Guest Parking. Compact parking spaces shall be permitted for up to twenty percent (20%) of the total required spaces. All garage dimensions shall conform to standards of Section 20.340.060.H (Garage Standards), and compact spaces shall not be used to count toward requirements for covered spaces. Compact spaces shall not count toward required single-family residential parking spaces.

6.

Other Land Uses. Land uses not identified in Section 20.340.040 (Required Number of Parking Spaces) with parking lots of thirty (30) spaces or more shall be permitted to include compact spaces for up to twenty percent (20%) of total required spaces.

J.

ADA Compliant Parking Spaces. ADA compliant parking spaces shall be provided on-site for each land use and/or development in accordance with the following standards:

1.

Designated ADA parking spaces shall be provided in compliance with state law (Title 24) and the California Vehicle Code (Section 22507.8), including required number of parking spaces and design requirements.

2.

Parking spaces and loading/unloading areas shall be reserved for the life of the approved land use.

3.

Designated parking shall be visibly marked with blue paint and appropriate signage, per state requirements.

K.

Electric/Alternative Fuel Vehicle Parking. Electric/alternative fuel vehicle parking and charging stations shall be provided in accordance with the following standards. Charging station levels are defined in Chapter 20.600 (Definitions).

1.

Number of Spaces Required.

a.

All multi-family residential and non-residential projects are required to provide 5% of their required spaces as Electric Vehicle charging stations (Level 2 or better). Projects that emit fewer than 500 MT of carbon

dioxide equivalent annually are exempt from this requirement, as identified in the City's Climate Action Plan Consistency Review Checklist.

b.

All residential and non-residential Electrical Vehicle parking must comply with the requirements of Chapter 17.28 of this Municipal Code and the California Green Building Standards Code.

2.

Permit Requirements. All applicable electrical and building permit requirements, restrictions and inspections shall apply to the construction of charging/exchange stations. Charging stations/spaces:

a.

Shall be posted with signage indicating the space is only for Electric Vehicle charging purposes. Days and hours of operations shall be included if time limits or tow away provisions are to be enforced by the owner. Information identifying voltage and amperage levels or safety information must be posted.

b.

Should be sited within parking areas to discourage non-electric vehicle use.

c.

Shall not interfere with on-site parking or pedestrian circulation.

d.

Shall be maintained in functioning order in all respects.

(Ord. No. 2023-1529, § 3(Att. A), 2-28-2023; Ord. No. 2023-1539, § B(Exh. A), 12-12-2023)

Editor's note— Ord. No. 2023-1539, § B(Exh. A), adopted Dec. 12, 2023, deleted the former § 20.340.050 entitled "Off-Street Parking and Trip Reduction Measures," and further amended the Code by renumbering §§ 20.340.060—20.340.100 as 20.340.050—20.340.090 as herein set out.

Section 20.340.060 - Parking Lot Improvement Standards and Other Parking Layouts

A.

Parking Lot Improvement Standards.

1.

Pavement Surfacing. All circulation, loading, ingress and egress, and off-street parking areas shall be surfaced with an asphaltic or cement concrete paving, designed to withstand repeated vehicular traffic. Other paving material may be used, such as pervious surfaces, subject to the approval of the Director and/or City Engineer.

All surface water runoff shall be conveyed into a public ROW or storm drain or directed into planting areas. Drains shall be provided in accordance with the specifications of the City Engineer. Runoff shall be treated per the requirements of the latest NPDES permit prior to entering the public ROW or storm drain.

2.

Striping. All parking spaces (with the exception of single-family garages or carport) and, when required, aisles, loading Zones, pedestrian walks and crossings, visitor parking, and fire lanes shall be striped or otherwise designated to provide safe access, circulation, and parking.

a.

Pavement markings and other distinctions shall be maintained in a visible and legible manner.

3.

Bumper Guards or Wheel Stops. Bumper guards or wheel stops shall be provided in such a manner as to ensure that no portion of any parked vehicle shall touch any wall, fence, building or project beyond any lot lines bounding a parking area facility.

4.

Landscaping Requirements.

a.

Except those areas devoted to driveways and/or pedestrian walkways, all off-street parking areas or structures abutting a public street or sidewalk shall be bound by a planting strip or appropriate permeable drainage treatment with minimum widths established by Site Development Plan Review standards or permit application review and shall comply with the American with Disabilities Act standards. The design shall include a method to ensure separation between landscaping and vehicle.

b.

In addition to the requirements of paragraph 4.a above, for any required parking area of more than ten (10) spaces, landscaping shall be installed and maintained as follows:

i.

Landscaped areas shall be evenly dispersed throughout the parking lot and shall include a combination of trees, shrubs, and ground cover, emphasizing drought-tolerant landscaping.

ii.

iii.

Tree planters shall have a minimum interior dimension of five (5) feet and/or shall be sized to accommodate the selected species of tree growth. To increase the parking lot landscape area, a two (2)-foot landscaped overhang area may be provided as part of the eighteen (18)-foot minimum length of a parking space, provided the total depth of such overhang area is in accordance with the specifications of Table 20.340-4. Such overhang area shall not be considered as part of the landscaping requirement. In no case shall such overhang be considered part of a required walkway or sidewalk width.

iv.

Landscape irrigation shall be provided per the requirements of Chapter 20.330 (Water Efficient Landscape Standards).

v.

5.

Pedestrian Walkways and Bicycle Paths. To ensure public safety and convenience, internal circulation and connections shall be created between a project and street and parking areas to address the needs of pedestrians, bicyclists, and vehicles and shall be designed to comply with the American with Disabilities Act and the following other standards:

a.

Parking lots should provide direct, continuous, and safe path(s) between the parking area and public entrance of a building or use to minimize pedestrian conflicts with vehicles.

b.

Where pedestrian and/or bicycle paths parallel the side of a building or use with a public entry, pedestrian walkways shall be provided at a minimum interval of seventy-five (75) feet.

c.

Pedestrian and bicycle paths within parking lots or intersecting vehicular driveways shall be clearly distinguished using pavement markings, signage, planter areas, fences, raised curbs at a minimum of six (6) inches high, or other methods that ensure these routes are visible to drivers and require vehicles to yield to pedestrians and bicyclists.

d.

Vehicular drives and aisles shall not be permitted to intersect a bicycle path at intervals of less than eighty (80) feet.

Bicycle paths and pedestrian walkways shall not be required in private parking lots in industrial, warehouse, and manufacturing uses, or for other developments requiring less than ten (10) off-street parking spaces, if deemed unnecessary by the City.

6.

Lighting. Lighting fixtures in parking areas, access drives, and internal vehicular circulation shall be directed and shielded so as not to illuminate surrounding properties and shall comply with the following standards, as verified through a photometric study.

a.

Lighting shall comply with the City's standards.

b.

Parking lot illumination levels shall achieve a uniform ratio of three to one (3:1) (average to minimum) and maintain an average of one (1) foot candle, with a minimum of one-half (1/2) foot candle.

c.

Parking garages shall achieve and maintain uniform lighting at a minimum of three (3) foot candles.

d.

Perimeter lighting, not affiliated with the lighting of parking lots, shall not exceed one-half (1/2) foot candle at any point along the property line of the subject or adjacent parcel.

7.

Parking Area Screening.

a.

Parking lots shall be screened from major public streets and adjacent residential land uses with plants, trees, low walls, fences, berms, or grade changes that are a minimum of forty-two (42) inches in height.

b.

Interior property lines between parking lot areas and an existing or proposed residential development shall require a six (6)-foot-high decorative masonry wall or street trees.

8.

Maintenance. Refer to Section 20.340.030.B (Required Availability and Maintenance) for parking area maintenance requirements.

9.

3.

Parking structures with more than three hundred (300) spaces shall provide secondary circulation ramps and additional ingress and egress if deemed necessary by a traffic study prepared by a state registered traffic engineer.

4.

All parking structures shall be architecturally compatible with existing or proposed structures and shall be subject to review and approval during the Site Development Plan Review process. The following factors shall be considered while reviewing a proposal: bulk, scale, proportion, building materials, colors, signage, architectural features, and landscaping. The design and location of the parking structure should be screened by the main building if possible.

5.

Parking structures shall be provided with a minimum ten (10)-foot-wide perimeter landscape planter at ground level. Parked cars shall be screened on each level through landscape planters or trellises and/or decorative screening wall or railings.

6.

Parking structures shall be designed with smart technology systems, subject to approval by the City.

F.

Valet Parking. Valet parking for restaurants within Mixed Use projects may be authorized through a CUP as a means of satisfying up to one hundred percent (100%) of applicable off-street parking requirements, subject to satisfying the approval criteria for Off-Site Parking in Section 20.340.080.A (Off-Site Parking Criteria).

A parking management plan that includes a shared parking study, citing Urban Land Institute (ULI) accepted ratios or an equivalent source to be approved by the Director, is required as part of the DP application to clearly define and achieve projected shared parking.

a.

Base parking requirements shall be calculated as the sum of the requirements for each land use, per the requirements of Table 20.340-1.

b.

When different land uses share a common parking footprint, the total number of spaces required to support the collective uses will be determined by parking profiles rather than by individual peak ratios.

Where two (2) or more small uses exist in a single building below the thresholds for required bicycle parking, Table 20.340-6, they are encouraged to provide one (1) bicycle space per tenant and group.

B.

Minimum Bicycle Parking Requirements. Bicycle parking spaces shall be provided in compliance with the minimum requirements in Table 20.340-6 and the standards that follow.

Table 20.340-6

Minimum Bicycle Spaces Required by Land Use

Building Type	Required Bicycle Parking(1)	Minimum Spaces	Type Required
Single-family detached units	None	0	N/A
Single-family attached units	None	0	N/A
Multifamily units including units in mixed	1 space/5 attached units	No minimum	Secure and weather protected 100% Class I lockers, including garages or accessible indoor areas; or Class II racks
use projects(2)			with direct access to residential buildings and entries
---	---	---	---
Mixed Use	Refer to bicycle parking requirements for Mixed Use in Section 20.340.040.F, Table 340-2	No minimum	Residential Uses: 100% Class I lockers, including garages or accessible indoor areas; or Class II racks with direct access to residential entries Non-Residential Uses: 25% Class I; 75% Class 2
Commercial	1 space/5,000 s.f. gross foor area	2	25% Class I; 75% Class 2
Ofce	1 space/10,000 s.f. gross foor area	2	25% Class I; 75% Class 2
Retail	1 space/7,500 s.f. gross foor area	2	25% Class I; 75% Class 2
Industrial	1 space/10,000 s.f. gross foor area	2	25% Class I; 75% Class 2

Notes:

Fractions over 0.5 shall be rounded up to the nearest whole number.
Shall apply to all units in an R-3 Zone, attached PRD units in any R Zone, Specific Plan areas and Mixed Use zones.

3.

Additional width shall be provided where loading spaces are adjacent to a building along the length of the space. Additional loading sizes shall be permitted as pertinent to the loading needs of the use or building.

4.

No more than three (3) loading spaces shall be required for any use or building despite gross floor area size.

5.

All loading space shall have adequate ingress and egress, as approved by the City.

Table 20.340-7

Minimum Loading Spaces Required

Land Use Category	Loading Spaces Required(*)
Residential Uses
Residential Care Facility	1 loading space/20,000 s.f. gross foor area
Recreation, Education, and Public Assembly Uses
Entertainment/Recreation Uses	1 loading space/25,000 s.f. gross foor area for uses/buildings 12,500 s.f. or larger
Educational Institution (All Types)	2 loading spaces
Family Child Care Homes (< 14 children)	None
Daycare or Commercial Child Daycare	1 loading space for uses 10,000 s.f. or larger
Public, Quasi-Public, and Public Assembly	1 loading space/20,000 s.f. gross foor area for buildings/uses 10,000 s.f. or larger
Conference/Convention Center	To be determined at time of Site Plan Review
General Retail Uses
All Uses not listed below	1 loading space/25,000 s.f. gross foor area; 1 space minimum
Automotive Sales and Service	1 loading space/40,000 s.f. gross foor area; 1 space minimum
Food Service	1 loading space/25,000 s.f. gross foor area for uses/buildings 12,500 s.f. or larger
Dry Cleaning or Laundry Plant	1 loading space/10,000 s.f. gross foor area; 1 loading space minimum
Merchandise Sales/Showrooms	1 loading space/40,000 s.f. gross foor area; 1 loading space minimum
Market (Any type) & Liquor Stores	0—40,000 s.f. gross foor area: 1 loading space; >40,000 s.f. gross foor area: 1 loading space/25,000 s.f.
Merchandise Sales, New Retail	1 loading space/25,000 s.f. gross foor area; 1 space minimum
Merchandise Sales, Used/Pawn	1 loading space/40,000 s.f. gross foor area; 1 space minimum
Wholesale business	1 loading space/40,000 s.f. gross foor area; 1 space minimum
Hotels/Motel	2 loading spaces
---	---
All Services
All Uses not listed below	1 loading space/25,000 s.f. gross foor area for buildings/uses 10,000 s.f. or larger
Hotels/Motel	2 loading spaces
Ofce; Medical and Dental	1 loading space/20,000 s.f. gross foor area for buildings/uses 10,000 s.f. or larger
Urgent Care/Hospital	1 loading space/10,000 s.f. gross foor area
Animal Related Uses	1 loading space for uses 10,000 s.f. or larger
Industrial, Manufacturing, and Processing Uses
All Uses (Indoor or outdoor)	1 loading space/40,000 s.f. gross foor area; 1 space minimum for buildings/uses larger than 10,000 s.f.
Transportation, Communication, and Utility Uses
Antenna or Communication Facility	None. Sufcient usable on-site area shall be provided for loading activities
Other Uses
Similar Conforming Uses	Loading will be required per "similar" land use listed in this Table as deemed appropriate by the Director

Note:

The maximum number of loading spaces required for any building or use regardless of size shall be three (3) spaces.

6.

All loading facilities and maneuvering areas shall be on-site and designed so that vehicles do not back in from or onto a public street and maneuvering, loading, or unloading of vehicles does not interfere with the movement of traffic and pedestrians on the street.

7.

All loading spaces, in connection with any existing building or use, shall be maintained so long as said building remains, unless an equivalent number of spaces are provided on a continuous lot in conformity with the requirements of this article, provided that this regulation shall not require the maintenance of more loading space than is hereby required for a new building, nor the maintenance of such space for any type of main building other than those specified.

C.

Required Location of Loading Spaces. The following standards apply to the location of loading areas:

1.

Lots abutting upon a street. Loading areas in the front of the building or facing front setbacks shall be prohibited unless there are no other ingress or egress points provided within sixty (60) feet of the lot frontage. The preferred location of all service, loading and dock areas, trash and truck parking areas is at the rear of buildings, out of public view from adjacent roadways, when possible.

Lots abutting upon an alley. Loading space abutting an alley shall adjoin or have direct access from said alley. The length of the loading space shall be measured perpendicular to or parallel with the center line of the alley. Where such loading is parallel with the alley, the loading space shall extend across the full width of the lot, except that if only two (2) spaces are required, the length of the loading area shall not exceed fifty (50) feet.

3.

Screening of loading spaces. Areas for loading and unloading shall be designed to avoid potential adverse noise, visual, and illumination impacts on neighboring residences. Height shall screen loading activities.

a.

Any loading space or areas visible from a street shall be screened on three (3) sides by a fence, hedge, or wall at a height that will fully screen loading activity and shall be designed to be compatible with the primary structures and on-site landscaping.

b.

Dense vegetative hedges, combined with decorative six (6)- to eight (8)-foot-high walls are the preferred screening method.

4.

Prohibited parking areas. Truck parking shall be prohibited:

a.

Within the freeway frontage or other public or private roads.

b.

Within access easements and driveways other than for loading and unloading purposes.

c.

Within the front setback.

5.

Truck and/or delivery truck washing shall be prohibited within those areas that have direct visibility from State Route 78.

(Ord. No. 2023-1539, § B(Exh. A), 12-12-2023)

CHAPTER 20.345 - NONCONFORMING USES AND STRUCTURES

Section 20.345.010 - Purpose of Chapter

This chapter is intended to promote the public health, safety, and general welfare of the City and its citizens by prohibiting or limiting nonconforming uses and structures considered harmful or detrimental to the

orderly and creative development of surrounding land uses. Nonconforming uses, land uses, and structures are those within the Zones established by this Zoning Ordinance that were lawful before the adoption or amendment of this Zoning Ordinance, but that would be prohibited, regulated, or restricted differently under the current terms of this Zoning Ordinance or under future amendments.

While permitting the use and maintenance of existing nonconforming uses and structures, this chapter is intended to establish the criteria under which they may be continued, or possibly expanded, and to provide for the correction or removal of the land use nonconformities determined incompatible in an equitable, reasonable, and timely manner.

If the previously conforming use has been discontinued for the purpose of repair, remodeling, or aesthetic improvements, the maintenance of an active building permit and continuance of a business license shall constitute conclusive evidence that such use has not been abandoned during the period or repair, remodeling, or aesthetic improvements, provided that the work is conducted diligently to completion.

L.

Extension of a Legal Nonconforming Use. When special circumstances, as delineated in Sections 20.340.030.M.7.a—d (Application Process for Extension of a Legal Nonconforming Use), exist and an application has been timely submitted as provided below, the Director may extend the legal nonconforming status of a use for up to an additional twelve (12) months. The total time period for discontinuance of a nonconforming use shall not exceed twenty-four (24) continuous months.

M.

Application Process for Extension of a Legal Nonconforming Use.

1.

An application for extension of legal nonconforming status shall be filed with the Planning Division on a City application form, together with all required fees, plans, maps, statement of justification, and any other information deemed necessary by the Planning Division to process the application. The application shall be filed prior to the expiration of the initial twelve (12)-month period.

2.

The Planning Division shall notify the applicant, in writing, as to whether the application is complete. If the application is not complete, the Planning Division shall specify those parts of the application that are not complete, and shall identify the manner by which it can be made complete. If written notification is not provided to the applicant within fifteen (15) working days following application filing, the application shall be deemed complete.

3.

Notice to affected property owners. Within ten (10) working days after the application has been filed, the Director shall notify all property owners, as shown on the last equalized county assessment roll(s) as owning property located within a radius of five hundred (500) feet of the proposed project, that the application has been filed. Each such person may request, in writing, the opportunity to be heard on the application. Such written request must be filed with the Director within fifteen (15) days after mailing the notice. Failure to do so shall be deemed a waiver of the rights under this section. If written request to be heard is filed by any property owner receiving such notice, the property owner shall receive all notices required by Section 20.345.030.M (Application Process for Extension of a Legal Nonconforming Use) and may request or shall be permitted to be heard at a review pursuant thereto. The notice required by this section shall include a brief description of the project as proposed on the application, and shall inform each property owner of their rights pursuant to this section. The failure of any person to receive the notice specified herein shall not invalidate any action taken pursuant to this Zoning Ordinance.

4.

The Planning Division shall investigate the facts bearing on the application and provide the information necessary for action on the application, consistent with this Zoning Ordinance and the General Plan, and shall report all findings to the Director.

5.

Consideration of the request for an extension - Notice of Decision.

a.

Within fifty (50) calendar days after an application is deemed complete by the City, the Director shall approve, conditionally approve, or disapprove the request for extension of the legal nonconforming use. The time limit specified in this paragraph may be extended by mutual consent of the applicant and the

Director. If the request for extension of legal nonconforming use is disapproved, the reasons shall be stated in the notice of disapproval.

b.

The Director shall notify the applicant of the preliminary decision to conditionally approve or disapprove the application for extension of the legal nonconforming use, along with any conditions of conditional approval or the reasons for the disapproval, within forty (40) days after the application is deemed complete by the City. If no written request for the review is received within the time prescribed, the preliminary decisions shall become final and the applicant shall be so notified, as prescribed in this section. Such request must be received by the Director within ten (10) calendar days after the date of the preliminary decision, but in no case later than forty-nine (49) calendar days after the application is deemed complete by the City. Upon receipt within the time prescribed of the written request for review of a preliminary decision, the Director shall arrange a time and place for such review, and shall notify the applicant and appropriate City departments thereof. In the event that a review cannot be arranged or completed prior to fifty (50) calendar days after the application is deemed complete, the request for review shall be deemed to constitute consent of the applicant to extend, for a reasonable period not to exceed ten (10) working days, the time limit in which the Director must approve, conditionally approve, or disapprove the application for the extension of a legal nonconforming use. After completion of the review, the Director shall render his/her final approval, conditional approval, or disapproval of the application, as provided in this section.

In the event that no written request for the review is received within the time prescribed, the preliminary decision shall become final and the applicant shall be so notified, as prescribed in this section.

c.

The applicant shall be informed of the preliminary decision and of the final decision of the Director by written notice. Notice shall be deemed to have been given upon deposit of the notice in the U.S. mail, addressed to the applicant.

6.

In granting an extension of the legal nonconforming status, the Director may attach reasonable conditions and restrictions to the request, in addition to those required by this Zoning Ordinance, which will ensure that the use will do the following:

a.

Comply with California Building Code, California Fire Code, and local ordinance and national standards;

b.

Not injure the value of adjoining or abutting property;

c.

Not result in any significant environmental impacts; and

Be in harmony with the area in which it is located.

7.

The Director shall consider the following factors in determining whether an extension of time shall be approved under the provisions of this section:

a.

The applicant's investment in the property or structure on or in which the nonconforming use is conducted.

b.

The applicant's lease obligations in the property or structure on or in which the nonconforming use is conducted.

c.

Whether the applicant's investment in the property or structure on or in which the nonconforming use is conducted was made prior to the effective date of the Zoning Ordinance.

d.

Whether the applicant will be able to recoup the applicant's investment in the property or structure on or in which the nonconforming use is conducted as of the date established for termination of the nonconforming use.

8.

Approval of Extension - Findings.

a.

An extension under the provisions of this section shall be for a period of time not exceeding twelve (12) months, and shall be approved only if the Director makes the following findings, based on supporting documentation and evidence submitted by the applicant:

i.

The applicant has made a good faith effort to keep the nonconforming status;

ii.

If applicable, in the case of vacation of the property by the City due to unsafe and dangerous conditions, the applicant has made a good faith effort to rectify the unsafe and dangerous conditions through the submittal of plans and/or the issuance of permits, and had diligently pursued it to completion (shown through the request for inspections); and

b.

Based on the determination made in Section 20.345.030.M.7 (Application Process for Extension of a Legal Nonconforming Use), the twelve (12)-month extension shall be granted by the Director only if three (3) of the following findings are made, based on supporting documentation and evidence submitted by the applicant:

i.

A physical and/or economic hardship has prevented the nonconforming use from being reestablished prior to the expiration of the twelve (12)-month period;

ii.

Approving the extension will not adversely affect the character, integrity, or value of surrounding properties;

iii.

Approving the extension will not adversely affect the character, integrity, or general welfare of the neighborhood;

iv.

The extension will not adversely impact the public health, safety, or general welfare of the City's residents;

v.

The applicant has made a substantial investment (including, but not limited to, lease obligations) in the property or structure on or in which the nonconforming use is conducted, and such property or structure cannot be readily converted to another use, and such investment was made prior to the effective date of this Zoning Ordinance; and

vi.

The applicant will be unable to recoup said investment as of the date established for termination of the use.

N.

Conversion to a Conforming Use. If any residential or non-residential nonconforming use or any portion thereof is converted to a conforming use, the nonconforming use shall not resume nor shall any portion that has been made conforming be allowed to resume as a nonconforming use.

O.

Transfer to New Owner or Tenant. A residential or non-residential nonconforming use is transferable to a new owner or tenant, provided that the use is not discontinued, and may continue as a nonconforming use pursuant to the provisions of this Zoning Ordinance.

P.

Moving Nonconforming Uses and Structures. A nonconforming residential or non-residential use within a structure, or a nonconforming residential or non-residential structure, shall lose its legal nonconforming

The existing structure and proposed alteration or expansions are conforming as to use.

6.

The proposed alteration and/or expansion of the structure is in full compliance with development requirements of this Zoning Ordinance and all applicable City building and housing codes.

7.

When the proposed project is viewed as a whole, the decision-making authority finds that the benefits from allowing the expansion and/or alteration, in terms of the elimination of specific nonconformities, outweighs the detriments associated with the nonconformities remaining after the expansion and/or alteration.

Section 20.345.060 - Damage and/or Destruction of Nonconforming Structures

If a nonconforming residential or non-residential structure is damaged or destroyed by fire, flood, wind, explosion, earthquake, other casualty or act of God, the public enemy, or other cause that is beyond the control of the property owner, and that could not otherwise have been prevented by reasonable care and maintenance of the structure, the structure may be restored, and occupancy and use at the time of destruction may be restored to its pre-existing building envelope; original number of dwelling units; or intensity, size, height, design, configuration, or condition, and the use or occupancy that existed at the time of such destruction, and may be continued if nonconformities are not increased in density or intensity, and no reduction in the amount of off-street parking is made. Under these circumstances, the structure may be rebuilt if the following occurs:

1.

The nonconformity of the structure is certified, which means that proof of a legal building permit is required.

2.

Building permit(s) to rebuild must be obtained within one (1) year of such fire or other casualty.

3.

Building permits must be diligently pursued to completion and accomplished within eighteen (18) months from the issuance of the required permit.

4.

Construction is commenced and completed in conformance with the provisions of the building code then in effect. This provision shall not reduce any requirements of the building or fire codes in effect at the time such structure is rebuilt.

5.

The proposed restoration or reconstruction shall comply with the Zone, development, design, and architectural regulations and standards applicable to the type of use or structure damaged or destroyed

that were in existence at the time the structure was legally created.

Section 20.345.070 - Abatement of Illegal Uses and Structures

Any use or structure that did not comply with the Zoning Ordinance at the time it was established (date of adoption of rezoning and General Plan and original legal approval), and does not comply with the current Zoning Ordinance, is illegal and shall be brought into compliance with the provisions of this Zoning Ordinance in accordance with this Code.

A.

Facts Required for Abatement. Whenever any of the following facts are found to exist with reference to a nonconforming use or structure, the nonconforming protection/benefits shall cease, and the use shall be abated:

1.

A change has been made from a nonconforming use to another nonconforming use.

2.

An illegal increase or enlargement of the area, space, or volume of the structure or land occupied by or devoted to the nonconforming use has been made, except if the structure is nonconforming with respect to setbacks, height, distance between structures, architectural projections, or staircase and landing area encroachments, and the requirements of the City's adopted building code are met. No new additions or alterations shall increase existing nonconformities.

3.

A structural alteration has been made, except as required or allowed by law.

CHAPTER 20.350 - SPECIAL HOUSING APPLICATIONS

Section 20.350.010 - Purpose of Chapter

The purpose of this chapter is to establish the requirements and procedures for special residential housing applications as required by the State's laws.

The regulations and procedures set forth in this chapter shall apply throughout the City. Sections of the California Government Code referenced in this chapter, and application forms for complying with this chapter, shall be available to the public.

(Ord. No. 2022-1527, § 2(Exh. A), 10-25-2022)

Section 20.350.020 - Preliminary Application

A.

Purpose. A housing development project will be subject only to the ordinances, policies, and standards adopted and in effect when a preliminary application is submitted. A preliminary application is deemed

submitted when an applicant has provided to City with all of the information required by Government Code Section 65941.1(a).

B.

Applicability. The provisions of this section apply to applications deemed complete before January 1, 2030 that meet the criteria for qualifying streamlined housing projects and shall be processed as required by State law. No application under this section will be accepted by the City after January 1, 2030 unless the state extends or does not repeal Government Code Section 65589.5, or if Government Code Section 65589.5 expires or is repealed. A project must be a housing development project, as defined in Government Code Section 65589.5(h)(2), in order to qualify for the preliminary application process. A housing development project includes any of the following:

1.

Residential units only.

2.

Mixed use development consisting of residential and non-residential uses with at least two-thirds of the square footage of the project designated as residential use.

3.

Transitional housing or supportive housing.

C.

Application. The applicant must submit the preliminary application form and schedule a Pre-Application Review Appointment to begin the review process. Once a preliminary application is received and deemed complete, the ordinances, policies, and standards in effect as of that date will remain applicable to the project for the duration of the review and entitlement process, subject to the requirements provided by Government Code Section 65941.1(a).

1.

Within 180 days of submitting a complete preliminary application, the applicant shall submit an application for the required entitlements required for the project. If the City determines that the application is not complete pursuant to Government Code Section 65943, the applicant shall submit the specific information needed to complete the application within 90 days of receiving the City's written incomplete notice. If the applicant does not submit this information within the 90-day period, then the preliminary application shall expire and have no further force or effect.

2.

Should an applicable housing development project be revised following a determination of deemed complete, and where the proposed number of residential units or square footage of construction changes by 20 percent or more, the project would lose its deemed completed determination (and all allowances and protections afforded pursuant to SB 330), until the preapplication is revised to reflect the amended design.

(Ord. No. 2022-1527, § 2(Exh. A), 10-25-2022)

Section 20.350.030 - Ministerial Streamlined Approval

A.

Applicability. The provisions of this section apply to applications deemed complete before January 1, 2026 that meet the criteria for qualifying streamlined housing projects and shall be processed as required by State law. No application under this section will be accepted by the City after January 1, 2026 unless the state extends or does not repeal Government Code Section 65913.4 or if Government Code Section 65913.4 expires or is repealed.

This section is intended to ensure that eligible multi-family projects with an affordable component are provided streamline review and are only subject to objective design standards consistent with relevant provisions of Senate Bill 35 as provided by applicable section of the Government Code, including, but not limited to, Sections 65400, 65913.4, and 65400.

B.

Eligibility. Qualifying streamlined housing projects are as defined in Government Code Section 65913.4.

Review Process.

1.

Notice of Intent. Before submitting an application for a development subject to streamlined, ministerial approval, the applicant must submit a notice of intent in the form of a preliminary application that includes all of the information described in Government Code Section 65941.1 and schedule a Pre-Application Review Appointment.

2.

Notification to California Native American Tribes. Upon receipt of a notice of intent, the City will engage in a scoping consultation with any California Native American tribe that is traditionally and culturally affiliated with the geographic area, according to the timelines and procedures established by State law. After concluding the scoping consultation, the applicant will be notified as follows:

a.

If it is either determined that no potential tribal cultural resource could be affected by the proposed development, or if all parties and the property owner enter into an agreement establishing the methods, measures, and conditions for treatment of the tribal cultural resource, the applicant may submit an application for review.

b.

2.

For all other developments, automobile requirements for residential developments approved pursuant to this section are one parking space per unit.

(Ord. No. 2022-1527, § 2(Exh. A), 10-25-2022)

CHAPTER 20.360 - TRANSPORTATION DEMAND MANAGEMENT[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 2023-1539, § C(Exh. A), adopted Dec. 12, 2023, added new provisions designated as Ch. 20.350, §§ 20.350.010—20.350.080. Inasmuch as there were already provisions so designated, San Marcos City Council adopted Ord. No. 2024-1543, § B(Exh. A), on April 9, 2024 to amend chapter numbering from 20.350 to 20.360 as herein set out.

Section 20.360.010 - Purpose of Chapter

This Chapter establishes Transportation Demand Management (TDM) Ordinance with the goals of lessening traffic impacts by reducing vehicle miles traveled (VMT) in the City and the region and facilitating the use of alternative modes of transportation by residents, tenants, employees and visitors. The TDM Ordinance also implements the Greenhouse Gas emissions reduction measure of the City's Climate Action Plan.

(Ord. No. 2023-1539, § C(Exh. A), 12-12-2023; Ord. No. 2024-1543, § B(Exh. A), 4-9-2024)

Section 20.360.020 - Incorporation of Transportation Demand Management Policy by Reference

The City Manager or their designee shall establish and maintain the rules, procedures, and additional requirements within a TDM Policy to implement the provisions of this Chapter. The TDM Policy is incorporated by reference into this Chapter. The City Manager or their designee is hereby authorized to modify the TDM Policy as necessary, provided such amendments are consistent with this Chapter and State law.

(Ord. No. 2023-1539, § C(Exh. A), 12-12-2023; Ord. No. 2024-1543, § B(Exh. A), 4-9-2024)

Section 20.360.030 - Definitions

The following words and phrases shall have the meanings below when used in this Chapter. Additional information is provided in the TDM Policy.

A.

Carpool shall mean a motor vehicle occupied by two or more persons travelling together.

B.

Commute shall mean a regular trip between home and work-related facilities, i.e., home to park-and-ride to work.

Complex shall mean either:

A business park, shopping center, or other commercial/industrial project in separate or common ownership, which can be identified by any of the following characteristics:

(a)

It is known by a common name given to the project by its developer or owner(s);

(b)

It is governed by a common set of covenants, conditions, and restrictions;

(c)

It was approved, or is to be approved, as an entity by the City;

(d)

It is covered by a single tentative, final subdivision map or parcel map;

(e)

It is managed as a single aggregated center by the property owner or management company; or

2.

Any non-retail multi-tenant building or group of buildings with 50 or more employees at the single site, which is not included within the definition of complex pursuant to Section 12.36.030(a) above.

3.

Any set of residences served by a single management company, on-site management team, or homeowners association.

D.

Compressed work week shall mean a policy and supportive strategies that allow an employee to work fewer but longer days within a week.

E.

Employee shall mean any person hired by any employer, including part-time and seasonal employees.

F.

Employer shall mean any private or public employer, including the City, who has a permanent place of business in the City.

G.

Single-Occupancy Vehicle shall mean a motor-driven vehicle (to include two-wheel, motor-driven vehicles) occupied by one person. For the purposes of this ordinance, motorized e-bikes and scooters are excluded

from this definition.

H.

Telecommuting shall mean a policy and supportive strategies that allow an employee to work wholly or partially from home or other remote location.

I.

Transportation Demand Management (TDM) is a system of strategies, policies, and programs that aim to increase availability and convenience of alternative travel modes to reduce the number of single-occupancy vehicle trips.

J.

TDM Coordinator shall mean an assigned on-site person, by the developer/owner/project operator who is responsible for implementing and monitoring the project's TDM Plan, as approved by the City. The TDM coordinator shall be responsible for sharing TDM information with residents, employees, and other project users, answering questions, and coordinating with the City on matters such as monitoring and reporting.

K.

TDM Plan-Applicant shall mean a plan/documentation prepared by the project applicant/developer that shows how a proposed development will show compliance with Chapter 20.350 of the SMMC and adopted TDM Policy. The TDM Plans shall include information on which strategies will be applicable to the project and details on how they will be implemented and monitored over time.

L.

Vanpool shall mean a van occupied by three to 15 people travelling together.

(Ord. No. 2023-1539, § C(Exh. A), 12-12-2023; Ord. No. 2024-1543, § B(Exh. A), 4-9-2024)

Section 20.360.040 - Applicability

A.

The standards of this Chapter and the TDM Policy shall apply to all development projects that are not exempt from CEQA and that emit more than 500 metric tons of carbon dioxide {MT of CO 2 ) per year.

B.

Projects that are subject to this Ordinance shall submit a project specific TDM Plan for the City's review and approval with the entitlement application to show compliance with this Chapter and the TDM Policy.

(Ord. No. 2023-1539, § C(Exh. A), 12-12-2023; Ord. No. 2024-1543, § B(Exh. A), 4-9-2024)

Section 20.360.050 - TDM Plans

A.

Development projects that are subject to the TDM Ordinance and Policy are required to establish project specific TDM Plans that include all mandatory and a selection of optional strategies from the City's TDM Policy. Project applicants shall submit their project's TDM Plans to the City with their entitlement application. A project's TDM Plan is to be considered by the decision making body with project's other entitlements.

B.

After initial approval and during the life of the project, City Manager or designee are authorized to approve amendments to TDM Plans, in consultation with and based on input from the project applicants or successors.

C.

City approved TDM Plans for development projects are binding on the project applicant and successors for the life of the project. The applicant is required to notify the City when administration and monitoring of the TDM Plan transfers to their successor.

(Ord. No. 2023-1539, § C(Exh. A), 12-12-2023; Ord. No. 2024-1543, § B(Exh. A), 4-9-2024)

Section 20.360.060 - Monitoring and Reporting

A.

Monitoring. The project applicant or their successor and the TDM Coordinator are responsible for implementation, monitoring, and reporting of their project's TDM Plan. Monitoring mechanisms may include printed copies of materials provided to employees or residents, photographs of installed features, site inspections by City staff, documented site inspections by applicant staff, or surveys of site employees and/or residents to determine the mode share for single-occupancy vehicles, carpooling/vanpooling, public transit, walking, bicycling, and telecommuting. Surveys may also include participation rates for programmatic strategies and usage of infrastructure strategies. Collaboration with City staff is required to determine the monitoring documentation appropriate to the specific measures and nature of the project.

B.

Reporting. The project applicant/their successor or TDM coordinator shall submit TDM Plan's Monitoring and Compliance Reports to the City, during the first five years of a project's operations, with relevant data and reports to document compliance with the project's TDM Plan. The initial/first Report shall be due to the City after one year of issuance of final Certificate of Occupancy. After the initial report, Monitoring Reports are required to be submitted to the City after every other year. The reports may include results of surveys and mode choices by project residents and/or employees to disclose if mode share goals are being met. The reports should list all the mandatory and optional strategies that a project included in its TDM Plan and show implementation efforts undertaken by the applicant/TDM coordinator. The report should additionally identify participation rate by employees/residents for each strategy. If certain strategies are not able to achieve desired goals of reduction in vehicle trips, the report should identify what strategies the project will employ moving forward to achieve the goal of trips reduction.

(Ord. No. 2023-1539, § C(Exh. A), 12-12-2023; Ord. No. 2024-1543, § B(Exh. A), 4-9-2024)

Section 20.360.070 - Enforcement

A.

The City Manager or their designee shall investigate and enforce this Chapter. Any City authorized personnel or enforcement officer may exercise any enforcement power as set forth in Chapter 1.12 of the San Marcos Municipal Code.

B.

The City Manager or their designee may delegate to or enter into a contract with a consulting firm to implement and administer any of the provisions of this Chapter on behalf of the City.

C.

TDM amenities approved and installed pursuant to the provisions of this Chapter and project specific TDM Plan shall be maintained in accordance with the policies and requirements of the TDM Policy. Failure to do so may be subject to enforcement to the provisions of this section. Non-compliance with this Chapter includes failure to submit a TDM Plan when required; failure to submit biennial Monitoring and Compliance Reports or non-implementation of TDM strategies included in a project's TDM Plan.

D.

If the City determines that a project's mode share goals are not being met and strategies included in the TDM Plan are deemed insufficient, the TDM Coordinator shall work with the City to revise the project's TDM Plan to modify or replace strategies.

(Ord. No. 2023-1539, § C(Exh. A), 12-12-2023; Ord. No. 2024-1543, § B(Exh. A), 4-9-2024)

Section 20.360.080 - Fees

An applicant for a project subject to this Chapter shall include with the TDM Plan and with subsequent Monitoring and Compliance Reports, all fees established by the City Council by resolution to cover the City's cost to review the TDM documentation packages and any other documents that the city staff reviews pursuant to the requirements of this Chapter, the TDM Policy and the project specific TDM Plan.

(Ord. No. 2023-1539, § C(Exh. A), 12-12-2023; Ord. No. 2024-1543, § B(Exh. A), 4-9-2024)

CHAPTER 20.400 - SPECIFIC USE STANDARDS

Section 20.400.010 - Purpose

The purpose of this chapter is to provide operational and development standards to properly regulate specific permitted and conditionally permitted land uses within Zones. Specifically, this chapter provides regulars to do the following:

A.

Promote and protect the public health, safety, and general welfare of the City and its citizens by requiring operational standards to minimize potential adverse effects on surrounding properties.

B.

Further modify the allowable land uses and development standards of individual or multiple Zones, to be applied in all instances where the specific land use is administratively or conditionally permitted.

Section 20.400.020 - Applicability ¶

Land uses and activities addressed by this chapter shall comply with the provisions of this chapter applicable to the land use, in addition to all requirements of the applicable Zone and this Zoning Ordinance.

A.

Applicable Activities. The provisions of this chapter shall apply to the establishment of the land use or any modification to the land use exceeding ten percent (10%) of the value or twenty percent (20%) of the floor area of the existing use.

B.

Nonconforming Uses. The regulations of Chapter 20.345 (Nonconforming Uses and Structures) for nonconforming land uses and structures, including thresholds and timing, shall prevail over the provisions of this chapter.

C.

Permit Requirements. All land uses addressed in this chapter shall be subject to the permit requirements of the applicable Zone. If a CUP is required, the standards of this chapter shall be the minimum requirements for the CUP.

D.

Regulations. All land uses and activities regulated by this chapter shall comply with all state, building, and fire codes, and shall not exceed the City's noise limits of Section 20.300.070.F or Chapter 10.24 Noise of the San Marcos Municipal Code.

(Ord. No. 2017-1446, 7-25-2017)

E.

Conflicts. In the event of any conflict between the requirements of this chapter and those of another chapter or section of this Zoning Ordinance, except the provisions of Chapter 20.345 (Nonconforming Uses and Structures), the provisions of this chapter shall prevail.

Section 20.400.030 - Automated Teller Machines (ATMs)

ATMs shall be permitted as a primary or accessory use subject to the permit regulations of the applicable Zone.

Allowed Locations.

1.

ATMs may be located along public ROWs where a minimum of five (5) feet of clear public sidewalk space is not encroached upon.

2.

ATMs may be located a maximum of fifty (50) feet from a building entry.

3.

ATM locations shall be approved by the City Engineer to ensure clear line of sight is maintained.

B.

Lighting Plan Required. A lighting plan shall be required with the intent to ensure that adequate lighting is provided.

C.

ADA Accessible. All ATMs shall be accessible per the requirements of the ADA.

D.

Refuse Receptacle. A refuse receptacle shall be located within ten (10) feet of the ATM.

E.

Removal. When an ATM is removed, the structure's façade shall be refinished to be consistent with the design and appearance of the existing structure.

F.

Internal Use Locations. ATMs located internal to a primary land use (such as within a retail location) shall be permitted in any Zone and processed as part of the permit required for the primary use. Internal use locations shall not be subject to the ATM permit requirements of the applicable Zone or this section.

Section 20.400.040 - Automotive Sales, Used and Automotive Rental

All standards in this section shall be applicable to single-tenant and multiple-tenant buildings, including the land uses "Automotive Sales, Used" and "Automotive Rentals." Where a minimum is required, that minimum shall be provided for each tenant for the portion of the lot devoted to "Automotive Sales, Used" and "Automotive Rentals." The standards of Table 20.400-1 shall apply.

Table 20.400-1

Storage Limitations by Zone

Land Use	Minimum Standard	Minimum Standard	Permitted Maximum Height	Permitted Maximum Height
	Lot Area	Street Frontage	Decorative Bollard	Wrought Iron Fence
Automotive Sales, Used	1.5 acre	150 feet	36 inches	36 inches
---	---	---	---	---
Automotive Rentals	Per Zone	100 feet	36 inches	6 feet

A.

Required Building. A building with a minimum of two hundred fifty (250) square feet shall be maintained onsite to support the business. The building shall be a permanent structure; modular or portable buildings, trailers, or mobilehomes for this purpose are prohibited.

B.

Landscaping Required. A landscape planter a minimum of ten (10) feet wide shall be provided along all street frontages, subject to the standards of Chapter 20.330 (Water Efficient Landscape Standards).

C.

Property Protection. Decorative bollards or wrought iron fences, permitted maximum height per Table 20.400-1, may be provided along public ROWs. Fences and bollards, where provided, shall be located behind required landscaping and shall not be located in the required setback.

D.

Customer and Employee Parking. Customer and employee parking areas shall be easily accessible and located separately from vehicle display areas. Ground markings and signs shall clearly indicate the location of customer and employee parking.

E.

Amplified Sound. The use or installation of a public address system or amplified sound system is prohibited.

F.

Display. Vehicles shall not be displayed on any above ground apparatus.

Section 20.400.045 - Cannabis Cultivation, Indoor

Cannabis Cultivation, Indoor shall be permitted within a single Private Residence in all zones within the jurisdictional limits of the City of San Marcos to the extent such Cultivation is permitted by State law and subject to compliance with the following requirements. For purposes of this Section, the term "Private Residence" shall have the same meaning as the definition set forth in Chapter 5.54 of this Code, as that Section may be amended from time to time, and shall include a house, apartment unit, mobile home or other similar dwelling, and includes any accessory structure that is fully enclosed, secure and located upon the grounds of the Private Residence.

A.

Cultivation is limited to six (6) or fewer living Cannabis plants per Private Residence.

B.

Cultivation is permitted only within fully enclosed and secure structures within or upon the grounds of the Private Residence that are inaccessible to persons under the age of 21. Cultivation areas shall be secured by lock and key or other security device which prevents unauthorized entry and shall not be visible from the public right-of-way.

C.

Cultivation shall be limited to a total of six (6) plants, whether immature or mature, within or upon the grounds of the Private Residence, regardless of how many persons reside at the Private Residence.

D.

Any lighting, plumbing or electrical components used for Cultivation shall comply with all applicable State and local laws, including, but not limited to, those relating to land conversion, current building and fire standards, grading, electricity usage, water usage, water quality, woodland riparian habitat protection, stormwater and agricultural discharges. Lighting shall not exceed 1,000 watts per light. The use of Volatile Solvents, as that term is defined under Chapter 5.54 of this Code, for Cannabis Cultivation is prohibited. Any Private Residence or fully enclosed and secure structure used for Cultivation must have proper ventilation and shall not create a humidity or mold problem in violation of this Code or any other applicable State or local health and safety regulations.

E.

Cultivation shall not be conducted in a manner that constitutes a public nuisance. A public nuisance may be deemed to exist if the Cultivation produces light, glare, heat, noise, odor or vibration that is or whose effect is detrimental to the public health, safety or welfare, or that interferes with the reasonable enjoyment of life and property.

F.

Any Private Residence where Cultivation occurs shall remain at all times a residence with legal and functioning cooking, sleeping and sanitation facilities with proper ingress and egress.

G.

A portable, fully charged fire extinguisher that complies with the regulations and standards adopted by the State Fire Marshal and all applicable laws shall be kept in every room, space or area where Cultivation occurs.

(Ord. No. 2017-1453, § 2(Exh. A), 11-14-2017)

Section 20.400.050 - Child Care Facilities

This section establishes the standards for City review of child daycare facilities, in conformance with state law (Health and Safety Code Section 1596.78), including the limitations on the City's authority to regulate these facilities.

These standards apply in addition to all other applicable provisions of this Zoning Ordinance and any requirements imposed by the California Department of Social Services through its facility licensing procedures. Licensing by the Department of Social Services is required for all child daycare facilities. Evidence of the license shall be presented to the Planning Division prior to establishing any child daycare facility.

A.

Small Family Care Home. A day care facility located in a single-family dwelling where a full-time resident provides care and supervision for six (6) or fewer children, plus two (2) additional children after school, as defined in Health and Safety Code Chapter 3.4. Children under the age of ten (10) years old who reside in the home count as children served by the day care facility. This use is permitted as a residential use in all Zones in which residential uses are permitted, as allowed by Health and Safety Code Section 1597.44 et seq.

B.

Large Family Care Home. A day care facility located in a residence and licensed by the State as a family child care home, where a full-time resident provides care and supervision that serves seven (7) to twelve (12) children, plus two (2) additional children after school, as defined in Health and Safety Code Chapter 3.4. Children under the age of ten (10) years old who reside in the home count as children served by the day care facility. This use may be permitted by a DP subject to compliance with the following procedures and restrictions:

1.

It is located on a lot a minimum of 5,000 square feet, with a lot width minimum of fifty (50) feet.

2.

Off-street parking is provided as one (1) space for each employee in addition to the parking space required pursuant to Chapter 20.340 (Off-Street Parking and Loading).

3.

A loading area for on-site vehicle pick-up and drop-off shall be provided.

4.

The large family daycare home shall be located a minimum of three hundred (300) feet from any other large family daycare home. If the facility is located between three hundred (300) and five hundred (500) feet from an existing large family daycare home, the applicant shall submit proof that the existing large family daycare home is operating at full capacity.

5.

No swimming pool/spa shall be installed on the site after establishment of the family daycare center due to safety considerations. Any pool/spa existing on the site prior to application for approval of a family daycare

center shall be removed prior to establishment of the use, unless the Director determines that adequate, secure separation exists between the pool/spa and the facilities used by children.

6.

An application for a DP to allow a large family care home shall be processed under its own application form and specific fee, and shall not be subject to the submittal requirements of the standard project application.

C.

Daycare Centers. This land use is a child daycare facility other than a family daycare home that includes infant centers, preschools, or extended daycare facilities. A daycare center is considered a business, not a residential use. The following standards shall apply:

1.

Outdoor play space shall be provided:

a.

A minimum of seventy-five (75) square feet per child.

b.

The space shall not be located within twenty-five (25) feet of a main structure on an adjacent lot.

2.

Decorative fencing around the play space shall be required to a height of six (6) feet to limit entry and provide safety.

3.

Outdoor lighting for play or instruction space shall be provided consistent with the standards of Chapter 20.300 (Site Planning and General Development Standards).

4.

Parking and loading facilities shall be provided for on-site vehicular pick-up and drop-off. Parking shall be provided consistent with Chapter 20.340 (Off-Street Parking and Loading).

D.

Daycare Appeals. An action regarding daycare facilities may be appealed pursuant to Chapter 20.545 (Appeals and Revocations).

E.

Revocations. A DP for a large family daycare home may be revoked by the Director, consistent with Chapter 20.545 (Appeals and Revocations).

Section 20.400.060 - Contractor Offices and Services ¶

Contractor offices and services shall be permitted subject to the permit regulations of the applicable Zone and the following standards:

A.

Limited Office. This land use is an office-based use; equipment and materials in conjunction with the land use shall only be stored within enclosed buildings.

B.

Outdoor Storage. Outdoor storage of materials, product, or equipment shall be prohibited unless specifically permitted within the applicable Zone. See Section 20.230.060.H (Outdoor Storage).

C.

Vehicle Parking. Contractor vehicles or trucks that are licensed through the California Department of Motor Vehicles may be allowed to be stored on-site at the end of the business day, subject to the applicable Zone per the following standards:

1.

In the L-I Zone, the following standards apply:

a.

Single-occupancy buildings are allowed to have work vehicles parked overnight. These vehicle overnight areas shall be limited to occupying twenty-five percent (25%) of the building floor area.

b.

Overnight parking of work vehicles shall not be permitted for multi-tenant L-I Zone buildings.

2.

Overnight parking areas in any Industrial Zone shall only be located to the rear or side of the main building, away from public ROW.

3.

Screening shall consist of a wall or fence a minimum of six (6) feet to a maximum of ten (10) feet tall and include planting in front of the screening to enclose the overnight vehicle parking area.

4.

In the I-2 Zone where "Outdoor Storage" is permitted as a primary land use, vehicle storage/parking in conjunction with a Contractor's Office land use, and shall be regulated by Section 20.230.060.H (Outdoor Storage).

Vehicle storage/parking areas exceeding five (5) vehicles or twenty-five percent (25%) of the building floor area shall be considered an independent "Outdoor Storage" land use and shall be subject to the permit requirements of the applicable Zone and the standards of Section 20.230.050.H (Outdoor Storage).

6.

Storage of machinery, heavy-duty vehicles, and/or heavy equipment shall not be permitted outside; these types of equipment shall be stored within an enclosed building unless otherwise permitted under "Outdoor Storage" as a primary or accessory use in the Zone.

Section 20.400.070 - Drive-Through Services

A.

Permit Required. CUP approval shall be required for the establishment of any use that offers drive-through facilities. This shall include drive-through uses in conjunction with, but not limited to, washing/detailing automotive services (automated or hand-washed), restaurants, financial institutions, and coffee stands.

1.

The CUP application shall include a site plan that details the location, provision, and design of all of the following:

a.

Structures and landscaping consistent with the development standards of the applicable Zone.

b.

Parking, driveway locations, and circulation consistent with the requirements below (subsections B, C, D, and E).

c.

Audible equipment, if applicable.

d.

Lighting.

e.

Refuse and recycling area location, screening, and access features.

f.

A property maintenance plan to include litter clean-up for on-site and adjacent public ROWs.

Accessory Uses. Any life care facility may include accessory retail and personal service uses appropriate for the population served and limited to use by residents of the individual facility, subject to the permit requirements of the applicable Zone.

(Ord. No. 2022-1527, § 2(Exh. A), 10-25-2022)

Section 20.400.120 - Lodging, Bed & Breakfast

The operation of Bed & Breakfast lodging shall be compatible with the integrity of the surrounding area by not creating adverse impacts such as excess traffic generation, noise, or demand on on-street parking.

A.

Permitted. Bed & Breakfast lodging may only be permitted within the R-1-20 and R-1-10 Zones, subject to a CUP.

1.

Bed & Breakfast lodging shall not be permitted within a PRD or on any lot that does not meet the minimum lot size and setback requirements of the applicable Zone.

B.

Appearance. The exterior appearance of the structure housing the Bed & Breakfast in a residential Zone shall not be altered from its original residential character except for allowed signs (Chapter 20.320), and any structural modifications necessary to comply with Title 24 of the California Code of Regulations.

C.

Operation.

1.

All Bed & Breakfast lodging shall be limited to five (5) guest rooms in a single facility.

2.

The facility shall be the primary residence of the owner-operator.

3.

The maximum length of stay for any guest shall be fourteen (14) consecutive days, twenty-eight (28) days per calendar year.

No cooking facilities shall be permitted in any of the rooms available for rent.

5.

No restaurant activity shall take place. Breakfast may be served to overnight guests only.

6.

Adequate off-street parking shall be provided and maintained at all times during operation of the Bed & Breakfast per the standards of Chapter 20.340 (Off-Street Parking and Loading).

Section 20.400.130 - Lot Access ¶

A.

Required Access. All lots created, subdivided, or established under this Zoning Ordinance shall have direct on-site access to a public ROW (for lots created with a Major Tentative Subdivision) or established private easement (allowed only for lots created with a Minor Tentative Subdivision).

B.

Permitting Required. Where an existing lot that was established prior to the effective date of this Zoning Ordinance does not have physical access as described in Section 20.400.130.A (Required Access), a DP establishing such adequate access shall be required. Approval of the DP and applicable easement recording shall be required prior to issuance of a building permit for the subject lot.

Section 20.400.140 - Metal Buildings

The following guidelines shall apply for metal buildings:

1.

Any proposed metal buildings must be designed to have an exterior appearance of conventionally built structures. Exterior surfaces shall be stucco, plaster, glass, stone, brick, or decorative masonry. Architectural metal accents are permitted as an integral feature of the building design, subject to Director approval.

2.

Exclusive use of metal components shall be avoided. Architecturally treated metal shall be used in conjunction with other materials.

3.

The use of new or used freight or sea/shipping containers as structures for business operations of any kind may be allowed only as consistent with the following standards:

Requires a CUP;

b.

Shall be altered to be similar and compatible with the primary residence;

c.

Shall conform to all required building setbacks of the applicable Zone.

4.

Untreated metal siding or roofing is prohibited.

5.

Roof slope of metal elements shall not exceed one to six (1:6) rise over run. Use of domed metal roofs shall be prohibited, except as used as an architectural statement comprising less than thirty percent (30%) of the roof area.

6.

Materials of less than twenty-six (26)-gauge shall not be used.

Section 20.400.150 - Outdoor Dining

All outdoor eating and dining areas in conjunction with a primary restaurant land use shall be located, developed, and operated in compliance with the following performance standards. These standards shall apply where outdoor dining occurs on private property or encroaching on public property, as permitted by this section. See Figure 20.400-1.

A.

Mixed Use Zone Requirements. Outdoor dining in the MU-1 and MU-2 Zones may be permitted on private property or encroaching into the public ROW (subject to approval of the City Engineer) where the following minimum standards are met.

1.

Figure 20.400-1 Outdoor Dining See Section 20.400.150 for standards.

An Encroachment Permit shall be required for any outdoor dining encroaching into a public ROW;

2.

The building frontage is set back two (2) feet or more from the minimum required setback line;

3.

A minimum dining area of five (5) feet clear is provided;

==> picture [216 x 364] intentionally omitted <==

A minimum public ROW of six (6) feet clear remains after dining area encroachment;

All requirement of Section 20.400.150 (Outdoor Dining) are met including screening standards;

A CUP shall be required for outdoor dining with alcohol service.

Other Zone Requirements. Outdoor dining may be permitted, subject to permit requirements of the applicable Zone; however, in no case shall outdoor dining encroach into the public ROW or sidewalk. Requirements of Sections 20.400.150.C, D, and E shall apply.

Screening. All outdoor dining areas of three (3) tables or more shall be screened at a fixed height of forty-two (42) inches using one (1) of the following elements:

ornamental wrought iron/tubular steel fence, or

2.

landscape/planting box, minimum width of fifteen (15) inches with maintained planting.

D.

Shade Structures. Awnings and appropriately anchored shade structures may be permitted as reviewed under Site Development Plan Review or by the Director, subject to permit requirements of the applicable Zone. Shade structures shall not be permitted to have permanent footings.

E.

Hours of Operation. Hours for use shall be limited to the hours of operation of the associated primary land use.

F.

Refuse. No structure or enclosure to accommodate the storage of refuse or recycling shall be built or placed on or adjacent to the outdoor dining area.

G.

ADA Compliance. Outdoor dining shall be designed to comply with Title 24 and ADA requirements.

Section 20.400.155 - Personal Services—Fitness/Health, Instructional, and Limited Instructional.

A.

Permit requirements. Personal Services for fitness/health, instructional, and limited instructional facilities shall be allowed, subject to the permit requirements of the applicable Zone, except as follows:

1.

A CUP shall be required for the establishment of a fitness/health or instructional facility in conjunction with a new building (development of the building in conjunction with the use).

2.

A DP shall be required for the establishment of a fitness/health or instructional facility in an existing nonresidential building to ensure adequate parking is provided and to minimize effects on other land uses within the building or site.

3.

A ZA (Zoning Approval) shall be required for the establishment of a limited instructional facility in an existing non-residential building subject to the filing of a business operations questionnaire guaranteeing that the following operational and development standards are satisfied for the duration of the land use.

Limited Use Regulations:

a.

All activity shall be conducted entirely within an enclosed building.

b.

The facility shall be designed to accommodate a maximum of 25 attendees.

c.

A maximum of 4 instructors/employees shall be allowed on site at one time in addition to the attendees.

d.

Activity area shall not exceed 5,000 square feet in size.

e.

Instructional facilities adjacent to residentially zoned property shall not operate between 10:00 p.m. and 6:00 a.m., except that such facilities may operate until 11:00 p.m. on Fridays and Saturdays.

f.

Parking shall be accommodated on-site per Table 20.340-1, Parking Requirements by Land Use.

(Ord. No. 2021-1512, § 2(Exh. B), 1-11-22)

Section 20.400.160 - Places of Assembly

A.

Permit Requirements. Places of assembly for religious or non-religious purposes shall be allowed, subject to the permit requirements of the applicable Zone, except as follows:

1.

A CUP shall be required for the establishment of an assembly use in conjunction with a new building (development of the building in conjunction with the use).

2.

A DP shall be required for the establishment of an assembly use in an existing non- residential building to ensure adequate parking is provided and to minimize effects on other land uses within the building or site.

3.

A ZA (Zoning Approval) shall be required for the establishment of a small place of assembly use in an existing non-residential building subject to the filing of a business operations questionnaire guaranteeing that the following operational and development standards are satisfied for the duration of the land use.

Limited Use Regulations:

a.

All activity shall be conducted entirely within an enclosed building.

b.

The facility shall be designed to accommodate a maximum of 25 attendees.

c.

A maximum of 2 instructors/employees shall be allowed on site at one time in addition to the attendees.

d.

Assembly floor area shall not exceed 1,200 s.f. in size.

e.

Assembly facilities adjacent to residentially zoned property shall not operate between 10:00 p.m. and 6:00 a.m., except that such facilities may operate until 11:00 p.m. on Fridays and Saturdays.

Parking shall be accommodated on-site per Table 20.340-1, Parking Requirements by Land Use.

B.

Agricultural and Residential Zones. A CUP shall be required for all places of assembly within Agricultural (A1, A-2, A-3) and Residential Zones (all R-1, R-2, R-3-6, R-3-10) to properly condition the use as follows:

1.

Front setback shall be determined through the CUP process with consideration for adequate parking and neighborhood context.

2.

Minimum interior property line setback shall be equal to twice the required interior setback of the Agricultural (A) and Residential (R) Zone.

3.

Minimum rear property line setback shall be twenty-five (25) feet.

4.

Hours of operation shall be limited to minimize disturbance to neighboring development from noise and lights.

5.

Off-street parking areas shall be located away from adjacent properties with residential uses whenever feasible to minimize disturbance to neighboring development.

6.

The maximum capacity of the use shall be determined based upon the size of the property, the intensity of surrounding development, and the capacity of streets serving the facility.

C.

Other Zones. The development standards for places of assembly shall be in compliance with the standards for the applicable Zone.

D.

Columbarium. Accessory columbarium areas (for burial ashes) in conjunction with a place of assembly land use shall be subject to the permit requirements of the applicable Zone for the "Funeral and Mortuary" land use.

Emergency Shelter. Where allowed by the applicable Zone, a religious place of assembly may use the site for emergency shelter without a CUP if it is consistent with the standards of section 20.400.080 (Emergency Shelters) and the following requirements:

1.

The primary place of assembly land use was authorized through a CUP approval.

2.

No rent of fees of any kind shall be charged for emergency shelter services offered to homeless persons.

3.

Within Residential Zones, emergency shelter accommodations shall be limited to ten (10) persons at a single time.

4.

Appropriate design accommodations for the emergency shelter was included in the original facility design, and listing of transitional housing as an accessory use was identified in the original CUP application.

5.

Operation of the emergency shelter use commences upon receiving a Certificate of Occupancy that is consistent with the operational commencement of the primary assembly use.

6.

A person residing at the facility shall be limited to sixty (60) days.

(Ord. No. 2021-1512, § 2(Exh. B), 1-11-22; Ord. No. 2025-1568, § 2(Exh. B), 12-9-2025)

Section 20.400.170 - Research and Development (R&D) Uses

This section further regulates research and development (R&D) uses and accessory support uses for all Zones.

A.

Permitted Uses. In addition to all other R&D uses, the use and handling of bio-hazard and nuclear-related materials are permitted, subject to the standards of Section 20.300.070.A (Hazardous Materials and Waste).

B.

Site Development Plan Review. All primary and accessory R&D uses established in new developments shall be subject to Site Development Plan Review in conjunction with the permit requirements of the applicable Zone.

R&D Height. Additional height in excess of the maximum height for the applicable Zone may be permitted through DP approval.

1.

A maximum additional ten (10) feet of building height may be approved to accommodate specialized machinery/equipment and/or additional mechanical equipment located between floors. Additional floor space shall not be permitted with the height increase.

D.

Accessory R&D Uses. Uses listed in Section 20.400.170.A (Permitted Uses) are intended to be secondary uses to the primary R&D office uses, providing support and development of ideas and products on-site. These land uses may feature noise, vibration, machinery, and processes that could affect adjacent tenants and uses. The regulations of this section are intended to minimize potential effects on adjacent tenants and uses.

1.

Applicable uses. Accessory R&D uses include the following:

a.

Production of experimental products;

b.

R&D fabrication and light manufacturing;

c.

Technical/scientific/medical laboratories.

2.

Limited square footage. Accessory R&D uses shall be limited to twenty percent (20%) of the gross floor area of the primary R&D use.

3.

Accessory R&D uses that require more than twenty percent (20%) of the gross floor area shall be subject to a CUP approval.

E.

Operational Standards.

1.

All warehousing, outdoor storage (as permitted by the Zone), loading docks, and delivery areas shall be located behind the primary building and/or away from the public ROW.

Construction of R&D and accessory use space shall be adequate to minimize vibration, noise, and air emissions.

Section 20.400.180 - Self-Storage

The developer or owner of a property shall be responsible for utility service connections in cooperation with responsible utility companies and in compliance with Title 17 of this Code.

A.

Undergrounding. To protect the public safety and improve the appearance of the community, all new development and new subdivisions shall be required to install on-site utility, phone, and cable television/internet facilities underground in accordance with the respective industry standards. Transmission lines shall be exempt from this requirement. Further reference is made to Titles 14, 17, and 19 of the Municipal Code.

B.

Screening. Transformer, terminal equipment, and public utility boxes shall be undergrounded where possible. Where utilities are located within view of public ROWs due to utility or site constraints, all transformer, terminal equipment, and public utility boxes shall be placed underground when feasible. If not feasible, the utility shall be screened from view, equal to the height of the equipment, from streets and adjacent properties. Screening shall be architecturally similar to the closest primary structure.

C.

Amateur/Non-Public Antennas. Amateur and non-public transmitting and/or receiving antennas shall meet the following standards:

1.

All such antennas shall conform to required setbacks, consistent with accessory structure setbacks within the applicable Zone; see Chapter 20.410 (Accessory Dwelling Units and Accessory Structures).

2.

All such antennas shall not exceed sixty (60) feet in height, as measured from the finished grade of the lot, except with the issuance of a Special Use Permit subject to the standards of this Zoning Ordinance.

(Ord. 2017-1445, 7-11-2017)

Section 20.400.230 - Vehicle Storage

To minimize the potential adverse effects on surrounding properties, the following standards shall apply to the outdoor storage of vehicles:

A.

Required Screening. All of the following shall be stored in completely enclosed structures or screened from public view:

1.

Vehicles being repaired or services in any manner;

2.

Food/catering trucks numbering one (1) or more.

B.

Non-Operation. Outdoor storage of non-operational vehicles or equipment is prohibited.

C.

Parking Limitations. No vehicle or any component of a vehicle shall be parked on any private property other than those areas legally established as a parking lot, parking facility, or driveway leading to parking.

D.

Sale Prohibited. No vehicle or any component of a vehicle shall be parked on public or private property advertising the vehicle or any other service or merchandise for sale.

Section 20.400.240 - Firearm Shooting Range (Indoor)

The purpose and intent of this section is to provide standards for the location and operation of indoor firearm shooting ranges by locating such facilities in appropriate areas with minimal adverse impact on the

community and its resources, and providing operational standards that will protect the public health, safety, and general welfare of the community.

A.

Permit Required. Indoor firearm shooting ranges are a conditionally permitted use within the Industrial (I) zone with Conditional Use Permit (CUP) approval provided the business conforms with all applicable Federal, State, and County standards, as well as all applicable requirements of the San Marcos Municipal Code. Indoor Firearm shooting ranges are prohibited in all other zones of the City.

B.

Distance Requirements. The exterior walls of an indoor firearm shooting range shall not be located within five hundred (500) feet of a child care facility, K-12 public school, public park, residential zoning district, bar, brewery, or any another indoor firearm shooting range.

C.

Noise. The proposed indoor firearm shooting range must be properly designed, constructed, and equipped to contain all firearm discharge noise within the building so that the exterior noise level does not exceed the allowable noise levels outlined in San Marcos Municipal Code (SMMC) 20.300.070.F as measured at the property line. Where a property is occupied by more than one use (whether within the same building or in separate buildings) the noise level shall not exceed forty-five (45) dBA as measured within the interior space of the neighboring establishment. Noise caused by motor vehicles traveling to and from the site are exempt from this standard.

D.

Interior Building Design. The proposed indoor firearm shooting range must be properly designed, constructed, and equipped to contain all firearm ammunition within the building and/or tenant space.

E.

Hours. Indoor firearm shooting ranges shall be permitted to operate during the hours of 7:00 a.m. to 10:00 p.m., unless otherwise approved through the Conditional Use Permit.

F.

Retail Firearm Sales. Retail firearm sales and repair services are permitted in conjunction with indoor firearm shooting range operations. The applicant must comply with all Federal and State requirements for such sales and services as well as all requirements in San Marcos Municipal Code (SMMC) Chapter 5.60 (Firearms).

G.

Public Safety. As part of the Conditional Use Permit process, additional submittal and operational requirements may be imposed or added as conditions of approval as deemed necessary by the San Diego County Sheriff's Department.

(Ord. No. 2016-1419, 2-23-2016)

Section 20.400.250 - Massage, Accessory Use and Massage Establishments

Businesses where massage is performed as Massage Accessory Use and Massage Establishments shall be subject to the following, in addition to all other requirements contained in Chapter 5.44 and Title 5 of this Municipal Code and by law:

A.

Businesses where massage is performed as Massage Accessory Use and Massage Establishments shall only be permitted in Commercial (C, NC) Zones, and in certain Specific Plan Area (SPA) Zones (such as San Marcos Creek Specific Plan Area, Nordahl Marketplace Specific Plan Area, and commercial centers located on San Marcos Boulevard) or certain Mixed-Use (MU-1, MU-2) Zones that function as a commercial land use and are developed as shopping centers, subject to the regulations, site specific standards and

provisions of this Zoning Ordinance. The shopping centers must possess commercial land use controls, in the form of common leases, common area maintenance agreements for landscaping and parking areas, reciprocal easement agreements for ingress, egress and parking of vehicles, recorded declarations of covenants, conditions and restrictions defining the responsibility of landlord and tenant concerning the

standards for the operation and maintenance of the center, or similar rules and regulations intended to preserve the integrity of such a center. Businesses where massage is performed as Massage Accessory Use and Massage Establishments shall not be permitted in any other zones within the jurisdiction of the City.

B.

A Massage Establishment shall be located no fewer than 1,000 feet from another Massage Establishment existing as of July 13, 2017, as measured in a straight line, without regard to intervening structures, from the property line of one Massage Establishment to the property line of the other Massage Establishment. Any Existing Massage Establishment, which is located within 1,000 feet of another Existing Massage Establishment as of July 13, 2017, is not required to relocate but is subject to all other provisions of this Ordinance for the continued operation and/or transfer of ownership of the Massage Establishment. If any Existing Massage Establishment desires to change locations after July 13, 2017 to another location less than 1,000 feet from another Massage Establishment, the relocation shall be subject to all other zoning requirements under this Zoning Ordinance, and compliance with this distance limitation is subject to some level of discretion of the Planning Manager. This limitation shall not apply to businesses where massage is performed as Massage Accessory Use as that term is defined under this Zoning Ordinance, or to Outcall Massage services, as that term is defined under Chapter 5.44 of this Municipal Code.

C.

The maximum number of Massage Establishments within the jurisdiction of the City of San Marcos shall not exceed one Massage Establishment per every 2,500 inhabitants of the City. For purposes of this Section, the total number of inhabitants of the City shall be determined by the most current published data available from the California State Department of Finance, as of the date an application for a Massage Establishment License is filed. This limitation shall not apply to the following businesses: (i) businesses where massage is performed as Massage Accessory Use, as that term is defined under this Zoning

Ordinance; (ii) Outcall Massage services, as that term is defined under Chapter 5.44 of this Municipal Code; or (iii) to any Existing Massage Establishment so long as there is no lapse in the timely renewal of a City business license and/or Massage Establishment license as required under Title 5 of this Municipal Code.

D.

Existing Massage Establishments that do not comply with the zoning limitations imposed upon new Massage Establishments under paragraphs A., B. and C. of this Section as of July 13, 2017 shall be considered a legal, non-conforming use. Such Existing Massage Establishments shall be required to comply with all other applicable local, State and Federal laws, ordinances, rules and regulations, including, but not limited to, Chapter 5.44 of this Municipal Code and this Zoning Ordinance.

E.

The Owner, Operator or Manager, as those terms are defined under Chapter 5.44 of this Municipal Code, of any Massage Establishment or business where massage is performed as Massage Accessory Use shall also comply with all applicable local, State and Federal laws, ordinances, rules and regulations as they may be amended from time to time, including, but not limited to, California Business and Professions Code Sections 4600 et seq. (Massage Therapy Act), California Government Code Sections 51030 et seq., this Zoning Ordinance and Title 5 of this Municipal Code.

(Ord. No. 2017-1443, 6-13-2017; Ord. No. 2019-1469, § 2(Exh. A), 1-22-2019)

Section 20.400.260 - Low Barrier Navigation Centers

Consistent with Government Code Sections 65660 through 65668, all California cities are required to allow low barrier navigation centers as a use by right in areas zoned for mixed use and nonresidential zones permitting multi-family uses.

A.

Standards. A low barrier navigation center shall meet the following requirements:

1.

It offers services to connect people to permanent housing through a services plan that identifies services staffing.

2.

It is linked to a coordinated entry system, so that staff in the interim facility or staff who collocate in the facility may conduct assessments and provide services to connect people to permanent housing.

a.

"Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

3.

It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

4.

It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

5.

Low barrier navigation centers shall also comply with operational standards established for emergency shelters in Section 20.400.080.

(Ord. No. 2022-1527, § 2(Exh. A), 10-25-2022)

CHAPTER 20.405 - ADULT ENTERTAINMENT ESTABLISHMENTS

Section 20.405.010 - Purpose of Chapter

The purpose of this chapter is to properly regulate sexually oriented businesses in order to promote the health, safety, and moral and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the City. Specifically, the purposes of this chapter are as follows:

A.

Establish reasonable and uniform regulations to protect commercially zoned property against the secondary impacts of blight, deterioration, and devaluation that may accompany the location and operation of adult entertainment establishments.

B.

Regulate the concentration of adult establishments and their proximity to sensitive specified uses.

C.

Protect the content of speech and expression conveyed by the goods or services offered by adult entertainment establishments by appropriately regulating the time, place, and manner of such conveyed speech and expression.

D.

Provide reasonable alternative avenues for communication by designating certain areas of the City within which adult entertainment establishments may be located.

It is not the purpose of this chapter to any of the following:

A.

Impose a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials.

B.

Deny adults access to sexually oriented materials or entertainment protected by the First Amendment or deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.

C.

Condone or legitimize the distribution of obscene material.

Section 20.405.020 - Applicability

The provisions of this chapter shall apply to the ownership, establishment, construction, modification, operation, enlargement, conversion, or transfer of ownership of any adult entertainment establishment land use identified and defined in Section 20.405.070 (Definitions) of this chapter.

The provisions of this chapter shall not be applicable to the following land uses:

Movie theaters

•

Bookstores

Massage establishments

Section 20.405.030 - Permit Required

Adult entertainment establishments shall be permitted in the Commercial (C) Zone subject to a CUP to properly review all location requirements of Section 20.405.040 (Location Requirements) and provide the public with adequate noticing and public hearing opportunities.

A.

Measurements. The required minimum distance between two (2) adult entertainment establishments shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each such business.

Section 20.405.040 - Location Requirements

Adult entertainment establishments shall be permitted in only the Commercial (C) Zone and shall be subject to the following conditions:

A.

Other Adult Establishments. No adult entertainment establishment shall be established within 1,000 feet of an existing adult entertainment establishment.

B.

Special Land Uses. No adult entertainment establishment shall be established closer than the following proximities to special identified land uses:

1.

Within seven hundred fifty (750) feet of any residentially Zoned (A-1, A-2, A-3, R-1-20, R-1-10, R-1-7.5, R-2, R-3-6, R-3-10) or mixed use SPA parcel.

2.

Within one thousand (1,000) feet of the property line of any parcel with any of the following established land uses:

uses:
a. Amusement park	b. Child care facility
c. Places of assembly	d. Community center
e. Youth center	f. Life care facility
g. Museum/Gallery	h. Library
i. Park	j. Playground
k. School

C.

Shopping Centers. Adult entertainment establishments shall be located within commercial shopping centers that:

1.

Have a minimum total gross floor area of 350,000 square feet within a combined area of business enterprises that are identified as part of a common commercial center, or specific plan developed as a shopping center (that excludes San Marcos Creek SPAs and University District SPAs).

2.

Possess commercial land use controls, in the form of common leases, common area maintenance agreements for landscaping and parking areas, reciprocal easement agreements for ingress, egress and parking of vehicles, recorded declarations of covenants, conditions and restrictions defining the responsibility of landlord and tenant concerning the standards for the operation and maintenance of the center, or similar rules and regulations intended to preserve the integrity of such a center.

Section 20.405.050 - General Operating Standards ¶

No person shall operate an adult entertainment establishment, whether licensed or not licensed under the requirements of this Code, unless each and all of the following requirements are met:

A.

Entrance Sign. An entrance sign shall be placed at or near the entrance of not more than two hundred twenty-five (225) square inches upon which is written: "WARNING: This is an adult entertainment business. If you would be offended, do not enter." Such sign shall be illuminated to an intensity of not less than ten (10) foot candles, and shall be clearly visible to any person entering the establishment before such person enters the area where entertainment is conducted.

B.

Minimum Lighting. A light level of no less than three (3) foot candles at floor level shall be maintained in every portion of said establishment to which the public is admitted.

C.

Lighted Exit Signs. An internally illuminated exit sign with letters at least five (5) inches in height shall be maintained over every doorway that provides egress from any room in which a peep show device is located.

D.

Exterior Windows and Doors. All exterior windows and doors shall be opaque so as to prevent visibility at all times from outside the structure into the interior of an adult entertainment establishment.

E.

Toilet and Wash Basin. A minimum of one (1) toilet and wash basin shall be provided for the patrons in every adult entertainment establishment. Additional toilets or wash basins may be required by other applicable regulations. Each wash basin shall be provided with soap or detergent and sanitary towels placed in permanently installed dispensers. A trash receptacle shall be provided in each toilet room.

F.

Floors and Walls. In toilet rooms, a waterproof floor covering shall be provided that extends up the walls at least six (6) inches and shall be covered at the floor/wall juncture with at least a three-eighths (3/8)-inch radius. Wall of toilet rooms shall be smooth, waterproof, and kept in good repair.

G.

Holes. It shall be the responsibility of the owner and the operator of an adult entertainment establishment to inspect the premises each business day for wall holes, or any other structural holes, which may be used for the purpose of sexual activity. Upon discovery, such holes shall be immediately brought into good repair.

H.

Sanitary Condition. All walls, ceilings, floors, booths, and all other physical facilities shall be in good repair and maintained in a clean and sanitary condition. Toilet rooms shall be thoroughly cleaned at least once each day the business is in operation.

I.

Vermin. All adult entertainment establishments shall be so equipped, maintained, and operated as to effectively control the entrance, harborage, and breeding of vermin, including flies. When flies or other vermin are present, effective control measures shall be instituted for their control or elimination.

Section 20.405.060 - Private Viewing Room Standards

All private viewing rooms, as defined in Section 20.405.070 (Definitions) of this Section shall comply with all of the following requirements:

A.

Private Viewing Room. The following peep show booth terms as used within this section:

1. Viewing area	2. Entrance to private viewing room
3. Primary corridor	4. Secondary corridor

B.

Entrance Location. No person shall operate a private viewing room unless the entrance to the private viewing room abuts a primary corridor that serves all adjoining private viewing room. The primary corridor shall be in compliance with the standards found in Subsection C of this section. The entrance to a private viewing room shall be centered within the wall abutting the primary corridor. No person shall operate a private viewing room in which the entrance to the private viewing room abuts a secondary corridor.

C.

Minimum Corridor Width. No person shall operate a private viewing room in which the width of any adjacent corridor is less than forty-four (44) inches. A nonconforming private viewing room with an adjacent corridor measuring at least forty-two (42) inches in width on June 18, 1993, may remain nonconforming as to the width of the corridor unless and until the room is remodeled or rebuilt or new rooms are constructed.

D.

Minimum Doorways and Entrances.

1.

No person shall operate a private viewing room unless there are no fewer than two (2) doorways of a width no less than thirty-six (36) inches that provide ingress or egress from any room in which a private viewing room is located, provided, however, that one (1) doorway shall be sufficient in the event the Director should so determine.

2.

No person shall operate a private viewing room in which the height and width of any entrance to the room is less than eighty (80) inches and thirty-six (36) inches, respectively. A nonconforming private viewing room with an entrance measuring at least seventy-eight (78) inches in height and thirty-four (34) inches in width on the effective date of this Zoning Ordinance may remain nonconforming as to the width of such entrance or entrances unless and until the private viewing room is remodeled or rebuilt or new private viewing rooms are constructed. No door, curtain, or obstruction of any kind shall be installed within the entrance to a private viewing room.

E.

Fire Standards. No person shall operate a private viewing room unless any wall or partition that is situated so as to create a room, enclosure, or booth in which any private viewing device is located is constructed in compliance with all City and state building and fire codes.

F.

Access. No person shall operate an adult entertainment establishment providing private viewing rooms unless a level of handicapped access is provided to the private viewing rooms in compliance with the requirements of City, state, and federal law.

G.

Minimum Size, Required Sign, Device Location, Occupant Load, and Enforcement.

1.

No persons shall operate a private viewing room unless the interior of the viewing area of each private viewing room is a minimum of twenty-four (24) square feet in floor area, with a minimum width of four (4) feet.

2.

A sign shall be maintained in a conspicuous location in each private viewing room that reads as follows: "This room is subject to inspection at any time. Patrons have no expectation of privacy while watching private viewing devices." All such signs shall be at least six (6) by eight (8) inches in size and printed with dark ink upon a light contrasting background with letters at least one-quarter (1/4)-inch in height.

3.

A private viewing device shall be located against the wall opposite the entrance door with the viewing screen of the private viewing device facing the wall within which the entrance door is located.

4.

Only one (1) customer or patron may be present in a private viewing room at any one (1) time. A sign shall be placed above the entrance to each private viewing room that reads as follows: "Only one (1) person may be present in a private viewing room at any one (1) time." All such signs shall be at least six (6) by eight (8)

inches in size and printed with dark ink upon a light contrasting background with letters at least one quarter (1/4)-inch in height.

5.

The maximum occupant load of private viewing rooms shall be one (1) person per room. The maximum occupant load of retail sales areas shall be one (1) person per thirty (30) square feet. The maximum occupant load of other areas shall be as determined by the Director.

6.

It shall be the responsibility of the owner and the operator of an adult entertainment establishment to enforce the provisions of this chapter. It shall be unlawful to maintain a private viewing room in violation of this chapter.

H.

Maximum Number of Private Viewing Devices. No person shall operate an adult entertainment establishment in which the number of private viewing devices exceeds the maximum occupancy load permitted in any room or partitioned portion of a room in which a private viewing device is located. The maximum number of private viewing devices permitted in any room or partitioned portion of a room in an adult entertainment establishment shall be conspicuously posted, and shall remain posted, at the entrance to said room. All such signs shall be at least six (6) by eight (8) inches in size and printed with dark ink upon a light contrasting background with letters at least one-quarter (1/4)-inch in height.

I.

Visibility. No person shall operate a private viewing room unless the complete viewing area of each room is visible from the entrance to the private viewing room.

J.

Management. No person shall operate a private viewing room unless a manager is on duty to ensure its lawful operation and is located at a manager's station that has an unobstructed view of the entrance to a private viewing room. The view must be by direct line of sight from the manager's station.

Section 20.405.070 - Definitions

The following definition shall be applicable to this chapter:

1.

Adult Bookstore. An establishment that devotes more than five percent (5%) of its gross floor area to the display of any or all of the following:

a.

Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records, or other forms of visual or audio representations that are distinguished or

characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas"; or

b.

Instruments, devices, or paraphernalia that are designed for use in connection with "specified sexual activities."

"Adult bookstore" does not include an establishment that sells books or periodicals as an incidental or accessory part of its principal stock-in-trade and does not devote more than fifteen percent (15%) or one hundred (100) square feet, whichever is less, of its total floor area to the sale of books and periodicals.

2.

Adult Cabaret. A night club, bar, restaurant, or similar establishment that regularly features live performances, exhibits, and/or demonstrations that are distinguished or characterized by an emphasis on "specified sexual activities" or by exposure of "specified anatomical areas" and/or that regularly features films, motion pictures, video cassettes, slides, or similar photographic reproductions that are distinguished or characterized by an emphasis on the description or depiction of "specified sexual activities" or "specified anatomical areas."

3.

Adult Computer Software Establishment. Any establishment that, for any form or consideration, offers to the public for viewing, sale, or rental of computer software, computer program, digitized image, computer animation, or any other message or image that is transmitted or displayed using a computer and that is distinguished or characterized by "specified sexual activities" or display of "specified anatomical areas." This definition is not intended to apply to bookstores, computer software stores, or computer stores that devote less than five percent (5%) of its gross floor area to the display or offering of the materials described in this definition.

4.

Adult Entertainment Establishment. Any establishment that is distinguished or characterized by "specified sexual activities" or display of "specified anatomical areas."

5.

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

6.

Adult Motel. A motel or similar establishment offering public accommodations for any form of consideration that provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas."

7.

Adult Motion Picture Arcade (Peep Show). Any place to which the public is permitted or invited where coin or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images that are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas."

8.

Adult Motion Picture Theater. An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown and that devotes more than ten percent (10%) of its total presentation time, measured on a daily, weekly, monthly, or annual basis, to the presentation of films, motion pictures, video cassettes, slides, or similar photographic reproductions that are distinguished or characterized by an emphasis on the description or depiction of "specified sexual activities" or "specified anatomical areas."

9.

Adult Theater. A theater, concert hall, auditorium, or similar establishment, either indoor or outdoor, that, for any form of consideration, regularly features live performances that are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas."

10.

Adult Video Games. Coin-operated or other electronic game machines having visual displays and animation that depict, in any manner, any sort of activity characterized by exposure of "specified anatomical areas" or "specified sexual activities."

11.

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

12.

Bookstore. Any retail establishment devoted in whole or in part to the selling, buying, or trading of new and/or used books which does not devote more than five percent (5%) of its gross floor area to the selling, displaying or storing of trade books, films, magazines and other periodicals or materials which are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas".

Motion Picture Theater. A building or part of a building intended to be used for the specified purposes of presenting entertainment as defined herein, or displaying films, motion pictures, video cassettes, slides, closed-circuit television pictures, or similar photographic reproductions before an individual or assemblage of persons, whether such assemblage be of a public, restricted, or private nature, except a home or private dwelling where no fee, by way of an admission charge, is charged; provided, however, that said theater does not devote more than ten percent (10%) of its presentation time measured on a daily, weekly, monthly, or annual basis, for the presentation of films, motion pictures, video cassettes, slides, or similar photographic reproductions that are distinguished or characterized by an emphasis on the description or depiction of "specified sexual activities" or "specified anatomical areas" as defined herein.

14.

Outcall Service Activity. Any establishment or business that provides an outcall service that consists of individuals leaving the premises upon request or appointment to visit other premises for a period of time for the purpose of providing a service such as appliance repair or other service during which time "specified anatomical areas" are displayed and/or "specified sexual activities" are engaged in.

15.

Private Viewing Room. An area separated from the sales or display area of the establishment by a curtain, wall, door, shade, or similar obstruction, thus allowing the private viewing of prerecorded video tapes, movies, transparencies, films, or projectable motion pictures by customers at the establishment.

16.

Specified Anatomical Areas. Includes less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state, even if completely and opaquely covered.

17.

Sexual Encounter Establishment. An establishment, other than a hotel, motel, or similar establishment offering public accommodations, that, for any form of consideration or gratuity, provides a place where two (2) or more persons may congregate, assemble, or associate for the purpose of engaging in "specified sexual activities" or exposing "specified anatomical areas." This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the State of California engages in sexual therapy or a massage technician meeting all criteria of Chapter 5.44 of this Code. For purposes of this section, "sexual encounter establishment" shall exclude Massage Establishments.

(Ord. No. 2017-1443, 6-13-2017)

18.

Specified Sexual Activities. Means and includes any of the following:

a.

The fondling or other touching of human genitals, pubic region, buttocks, anus, or female breasts;

b.

Sex acts, normal or perverted, actual or simulated;

c.

Masturbation, actual or simulated;

d.

Excretory functions as part of or in connection with any of the activities set forth in this subsection.

CHAPTER 20.410 - ACCESSORY DWELLING UNITS AND ACCESSORY STRUCTURES

Section 20.410.010 - Purpose of Chapter

The purpose of this chapter is to establish standards for permitting accessory dwelling units and accessory buildings or structures (accessory structures) on Agricultural, Residential and Mixed Use Zone properties to ensure compliance with State law and compatibility with the property and the adjacent neighborhood.

(Ord. No. 2020-1493, § 2(Exh. B), 10-13-2020; Ord. No. 2020-1494, § 2(Exh. B), 11-10-2020)

Section 20.410.020 - Applicability

3.

The City is not required to approve a permit for a building that is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code.

(Ord. No. 2020-1493, § 2(Exh. B), 10-13-2020; Ord. No. 2020-1494, § 2(Exh. B), 11-10-2020; Ord. No. 2024-1551, § 2(Exh. B), 9-24-2024)

Section 20.410.030 - Applications

A.

Building Permit. A building permit shall be required for ADUs and Junior ADUs, pursuant to compliance with the minimum requirements described below. The approval process shall be ministerial in nature, and

the City shall approve or disapprove an application for a building permit to construct an ADU and Junior ADU on a lot with an existing primary dwelling within 60 days after receiving a complete application. The City shall consider a demolition permit for a detached garage that is to be replaced with an accessory dwelling unit at the same time as the building permit for the ADU. If a complete application for a building permit to construct an ADU is submitted in connection with an application to construct a new primary dwelling on the lot, the application may not be approved until the application is approved for the new dwelling. The application for the ADU must be processed ministerially regardless of the approvals required for the primary dwelling. The City shall provide applicants of rejected applications for ADUs and Junior ADUs with a list of deficiencies and how the applications can be brought into compliance. The City shall not require, as a condition for ministerial approval of a permit application for the creation of an ADU or JADU, the correction of nonconforming zoning conditions. The City shall not deny an application for a permit to create an ADU due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the ADU.

(Ord. No. 2020-1493, § 2(Exh. B), 10-13-2020; Ord. No. 2020-1494, § 2(Exh. B), 11-10-2020; Ord. No. 2024-1551, § 2(Exh. B), 9-24-2024)

Section 20.410.040 - Development Standards for Accessory Structures

A.

Accessory Structures. The following standards shall apply to all accessory structures that require a building permit and that represent a modification of the development standards of the applicable Zone. The following guidelines do not apply to ADUs, but to other accessory structures. Where the provisions of this section do not offer guidance, the development standards of the applicable Zone shall prevail. Accessory structures shall adhere to the following:

1.

Meet the design standards of Section 20.410.050 (Accessory Structure and ADU Design).

2.

Shall be limited to uses that are accessory to the main use, including a cabana, garage or carport, gazebo, greenhouse, pergola, pool and/or spa and related equipment, or workshop. An accessory structure shall not be used for dwelling purposes. Bathtub(s), fireplace(s), and/or kitchen (full or partial) facilities are prohibited in accessory structures. Air conditioning, heating, shower, toilet, washtub, and/or washer and dryer facilities are allowed within an accessory structure; however, a deed restriction shall be required and shall state that the accessory structure shall be maintained as an accessory structure and shall not be used for sleeping quarters or be converted to a residential use.

3.

Prohibited accessory structures are freight containers, railroad cars, intermodal containers, and similar storage-type structures, unless they are altered to be similar and compatible with the primary dwelling unit. Any structures allowed under this provision must also comply with any requirements in Section 20.400.140.

B.

Accessory Structure(s) Size. The maximum allowable gross floor area for all completely enclosed accessory structures in conjunction with an existing single-family residence, excluding ADUs, shall be equal to forty percent (40%) of the living area of the primary dwelling unit, or eight hundred (800) square feet of gross floor area, whichever is less. The total gross floor area shall include all accessory structures, including those that do not require a building permit, with the exception of those that are completely open on at least three (3) sides, exclusive of any supporting columns.

C.

Height. Height of the accessory structure(s) shall be one (1) story maximum, up to a maximum of fifteen (15) feet at peak of roof, and shall not exceed the height of the primary dwelling unit.

D.

Location. The setback requirements of the applicable Zone for the primary structure shall apply to all accessory structures, except as modified below:

1.

If detached, a minimum of ten (10) feet separation from the primary dwelling unit or any other accessory structure. A breezeway may span the space between the two (2) structures.

2.

Accessory structures shall not be permitted within the required rear yard in the Agricultural Zones (A-1, A-2, or A-3), except for permitted fences and walls.

3.

Rear property line setback: minimum five (5)-foot setback required.

4.

Interior property line setback:

a.

Consistent with the interior property line setback of the applicable Zone; or

b.

Equal to the interior property line setback of the existing primary building, whichever is less.

c.

If located behind the primary building, minimum of five (5)-foot setback to interior property line shall be permitted in the rear yard area.

Unenclosed patios (i.e., patio covers) attached to the main building shall meet the minimum interior property line setback of the base Zone.

5.

Front or Street Property Line Setback: Accessory structures shall not occupy any portion of a required setback from the front property line or any street property line and shall not be closer to the ROW than a dwelling unit.

(Ord. No. 2020-1493, § 2(Exh. B), 10-13-2020; Ord. No. 2020-1494, § 2(Exh. B), 11-10-2020; Ord. No. 2024-1551, § 2(Exh. B), 9-24-2024)

Section 20.410.050 - Accessory Structure and ADU Design

All accessory structures and ADUs shall be architecturally compatible with any existing dwelling unit on the same lot.

1.

All accessory structures and ADUs shall use the same building materials as the existing primary dwelling unit on the lot by incorporating the same or similar architectural features, building materials, and color as the primary dwelling unit on the property. These features shall include roofing material, roof design, fascia, exterior building finish, color, exterior doors and windows (including ratios of window dimensions [i.e., width to height] and window area to wall area), garage door, and architectural enhancements. If the accessory structure or ADU does not use the same building materials as the existing primary dwelling unit on the lot, the architectural features of the primary dwelling unit may be modified to modernize the structure, as long as the accessory structure or ADU maintains the same building materials as the modified primary dwelling unit.

2.

The exterior design of all accessory structures shall be in harmony with and maintain the scale of the neighborhood.

(Ord. No. 2020-1493, § 2(Exh. B), 10-13-2020; Ord. No. 2020-1494, § 2(Exh. B), 11-10-2020; Ord. No. 2024-1551, § 2(Exh. B), 9-24-2024)

Section 20.410.060 - ADU and Junior ADU Requirements

ADUs and Junior ADUs shall be subject to the following requirements:

A.

Density. ADUs do not exceed the allowable density for the lot upon which the ADU is located, because ADUs are a residential use consistent with the existing General Plan and Zoning designation for the lot.

B.

Zoning Compliance. To the extent conformance would not conflict with State law, the ADU shall conform to all land use and development standard provisions of the applicable Zone, including setbacks and

separation of buildings, except as expressly permitted under Subsection 20.410.060.C; provided, however, that rear and side setbacks for a new detached ADU shall be a minimum of four (4) feet.

C.

Size and Height Limitations. The building size for all ADUs shall be limited to the smallest square footage applicable to the parcel:

1.

Size of attached or detached ADU shall be:

a.

The total floor area of an ADU shall not exceed fifty percent (50%) of the living area of the proposed or existing primary dwelling, provided, however, that the maximum square footage allowed must be at least eight hundred fifty (850) square feet of gross floor area.

b.

The total square footage for an ADU providing one bedroom shall not exceed eight hundred fifty (850) square feet of gross floor area.

c.

2.

A setback of four (4) feet from the side and rear lot lines is required for an ADU that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.

3.

Except as otherwise provided in Subsections 20.410.060.E.1 and 20.410.060.E.4, an ADU shall not be located within the required front property line setback and shall not be closer to the ROW than the primary dwelling, except that any side or rear setback shall not be required to exceed four (4) feet.

No front setback or location restriction noted in this section shall be required for ADUs pursuant to Government Code Section 66323(a)(2) if no other feasible location on the parcel is available, provided that the following requirements are satisfied:

a.

The ADU has a minimum of four (4) foot side and rear setbacks;

b.

The total floor area of the ADU does not exceed eight hundred (800) square feet;

c.

The ADU is a maximum of sixteen (16) feet in height;

d.

The location of the ADU will allow access to adequate water and sewer services; and

e.

ADU is a detached, new construction unit.

F.

c.

Except for an approved driveway, vehicles must be parked on an acceptable all-weather surface, such as brick, permeable pavers or other stable, dust-free surface deemed acceptable by the Development Services Department and Stormwater Division.

3.

If a garage, carport or covered parking structure is demolished or converted in conjunction with the construction of an ADU, the City shall not require that those off-street parking spaces be replaced.

However, if a garage, carport or covered parking structure is demolished or converted in conjunction with the construction of an ADU, any pre-existing driveway parking spaces must be maintained.

4.

No parking standards shall be imposed by the City on an ADU in any of the following instances:

a.

The ADU is located within one-half mile walking distance of public transit as defined in California Public Resources Code § 21155(b) (a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public);

b.

The ADU is located within an architecturally and historically significant historic district;

c.

The ADU is located within an existing primary dwelling unit or an existing accessory structure;

d.

On-street parking permits are required but not offered to the occupant of the ADU; or

e.

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 the requirements of this chapter.

No additional parking is required for a new Junior ADU.

6.

Required parking spaces shall be kept clear and used exclusively for vehicle parking. Such spaces shall not be used for storage or other uses.

K.

Driveway. A driveway connection serving both the main and ADU is highly encouraged where feasible.

L.

Emergency Access. Emergency access and fire apparatus roads shall be provided to the satisfaction of the City of San Marcos Fire Marshal in accordance with the current edition of the California Fire Code.

M.

Fire Sprinklers. Fire sprinklers shall be required for the ADU if required for the primary dwelling unit. Construction of an ADU does not trigger a requirement to install fire sprinkler systems in an existing primary dwelling.

N.

Ridgeline Overlay Zone Restrictions. ADUs in the Ridgeline Overlay Zone must comply with certain sections of Chapter 20.260, including Subsections 20.260.050.E (Building Placement, Maximum Height, and Basements), 20.260.050.F (Architecture), 20.260.050.H (Color and Materials), and 20.260.050.J (Fire Fuel Modification), except as prohibited by state law. However, ADUs in the Ridgeline Overlay Zone shall not be subject to any requirements that conflict with the requirements set forth in this chapter.

O.

Deed Restriction. Prior to the issuance of a building permit for a Junior ADU, a Deed (Land Use) Restriction shall be recorded with the County Recorder that includes all the following:

1.

Prohibiting of the sale of the Junior ADU separately from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers;

2.

Restricting of the size of the Junior ADU stating that the maximum permitted gross floor area of the Junior ADU is five hundred (500) square feet;

3.

Requiring that the Junior ADU's independent exterior access shall be retained;

4.

Requiring that the Junior ADU be rented for terms thirty (30) days or longer; and

5.

Requiring that one (1) of the dwelling units (main or Junior ADU) shall be owner occupied.

P.

Certificate. A Certificate of Occupancy for an ADU or a Junior ADU shall not be issued prior to the Certificate of Occupancy for the primary dwelling unit.

Q.

Definitions.

1.

"High quality transit corridor" means a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours.

2.

"Living area" means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure.

3.

"Local agency" means a city, county, or city and county, whether general law or chartered.

4.

"Major transit stop" means a site containing an existing rail or bus rapid transit station, ferry terminal served by either a bus or rail transit service, the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods, or major transit stops included in the regional transportation plan.

5.

"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU.

6.

"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

7.

"Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

(Ord. 2017-1445, 7/11/2017; Ord. No. 2020-1493, § 2(Exh. B), 10-13-2020; Ord. No. 2020-1494, § 2(Exh. B), 11-10-2020; Ord. No. 2024-1551, § 2(Exh. B), 9-24-2024)

CHAPTER 20.415 - ANIMALS

Section 20.415.010 - Purpose of Chapter

The purpose of this chapter is to provide appropriate regulations for the keeping of animals in a manner that preserves the character of the community. The provisions of this chapter are intended to allow for appropriate, unobtrusive keeping of animals in a manner that does not inflict noise, smell, or other annoyance on adjacent properties, and minimizes conflicts between uses. Animal keeping may be permitted in all Zones where residential dwelling units are permitted, subject to the provisions of this chapter.

Section 20.415.020 - Animal Keeping Permits and Standards

A.

Permit Requirements. Table 20.415-1 identifies the types of permits required to establish the animal keeping activities in any A or R Zone, consistent with this Zoning Ordinance. All permit requirements shall be subject to the process standards of Chapter 20.500 (Permits and Application Process).

Table 20.415-1

Permit Requirement Types and Processes

Symbol	Permit Requirement	Procedure Section
P	Permitted use subject to compliance with all applicable provisions of this Zoning Ordinance and the process standards of Chapter 20.500.	Chapter 20.500 (Permits and Applications Process)
DP	Director's Permit (DP) is required for this use, subject to review and approval by the Director.	Chapter 20.510 (Director's Permit)
CUP	Conditional Use Permit (CUP) is required for this, subject to review and approval per the process standards of Chapter 20.500.	Chapter 20.520 (Conditional Use Permits)
A	Permitted uses restricted to accessory uses in conjunction with a primary permitted use.	Chapter 20.500 (Permits and Applications Process)
- - -	Use not allowed.	20.205.030.C (Unlisted and Similar Compatible Uses)

Note: Any land use authorized through a permit approval process identified may also require Site Development Plan Review, a Building Permit, and/or other permit(s) required by the Municipal Code. For unlisted and similar uses, see Section 20.205.030.C (Unlisted or Similar Compatible Uses).

B.

Additional Use Regulations. In addition to the regulations, development standards, and provisions of this chapter, all animal-keeping activities are subject to the specific use standards identified in the "Additional Use Regulations" column of Table 20.415-2; refer to the referenced sections for additional operational standards and regulations applicable to the use.

Table 20.415-2

Animal Keeping Activity Permit Requirements by Zone

	Zones
Animal Type	A-1/A-2/ A-3/R-1-20	R-1-10/ R-1-7.5	R-2/ R-3/MU	Additional Use Regulations
Small Animals
Chinchilla (non-breeding)	P	P	- - -
Chinchilla (breeding)	CUP	- - -	- - -
Birds(1)	P	P	P	Including exotics; see Section 20.415.020.D.1
Dogs and Cats, Domestic(1)	P	P	P
Hamsters(1)	P	P	P
Poultry, Domestic	P	P	- - -	Includes hens; see Section 20.415.020.D.2
Rabbits(1)	P	P	P
Small Animals, excluding foxes	P	P	- - -
Horses
Horses	P	- - -	- - -
Large Animals
Bovine	P	- - -	- - -
Goats	P	- - -	- - -
Emus	P	- - -	- - -
Llamas	P	- - -	- - -
Ostriches	P	- - -	- - -
Sheep	P	- - -	- - -
Swine	P	- - -	- - -
Pigeons
Racing/Homing Pigeons	P	- - -	- - -
Worm Farms
Two Bins Maximum	P	P	- - -
Five Bins Maximum	P	- - -	- - -
Exotic Animals
All Exotics	DP	DP	- - -	See Section 20.415.020.D.1
Other Animals
Similar Animals	DP	DP	- - -	See Section 20.415.020.D.3
Note: 1. Within R-2, R-3, and MU Zones, any	combination of these domestic animals may be kept, but no			more than three (3) are allowed per unit.

C.

Prohibited Uses. When a use is not specifically listed, that use is prohibited. However, consistent with Section 20.205.030.C (Unlisted or Similar Compatible Uses), the Director shall have the authority to determine whether the proposed use shall be permitted or conditionally permitted based on the finding that the proposed use is similar to and no more detrimental than a particular use permitted in the Zone.

D.

Animal Keeping Activity Standards. Where animal keeping is permitted by Table 20.415-2, the standards of Table 20.415-3 shall apply on a per-lot or per-building-site basis.

1.

Exotic Animals. Keeping of exotic animals (exotics) requires the issuance of a DP for each species of exotic. Exotics are those animals that are not typically kept in domestic or agricultural settings, and could include those animals described in California Fish and Game Code Sections 2116 and 2118 and related regulations, alligators, crocodiles, lions, monkeys and tigers, and any species of animal that is venomous to human beings. Exotics shall be kept indoors, except exotic birds may be kept within an outdoor aviary where an aviary is permitted.

2.

Domestic Poultry. Domestic poultry are permitted in the Residential Zones. No more than four (4) are allowed per lot in single-family Zones (R 1-7.5 and R-1-10). Roosters are prohibited. All hen enclosures shall be maintained in a clean, sanitary condition, free from offensive odors at all times.

3.

Similar Animals. Keeping of other animals determined by the Director to be similar in size and manner of keeping to a permitted animal in Table 20.415-2 shall require a DP and will be regulated in the same manner and number as the "similar" permitted animal.

Table 20.415-3

Animal Keeping Activity Standards

Animal Type	Standard/Limitation	Standard/Limitation	Additional Activity Requirement
Cats/Dogs	Maximum of 6 domestic animals		Kennels not permitted
Racing/Homing Pigeons	Maximum 125 pigeons, in A Zones		keeping of pigeons in excess of 50 birds shall required fling with the City regarding afliation with a recognized racing/homing pigeon association
Small Animals	A Zones/R-1-20 Zone: 25 animals	Other R-1 Zones: 10 animals	Maximum number of animals of any single type or combination of animals
Poultry, Domestic	Maximum 4 in R-1 Zones; 25 in R-1-20 and A Zones		Roosters are prohibited
Large Animals (based on lot size)
Lots 1.5 up to 2 Acres	2 large animals per lot
---	---	---	---
Lots 2 up to 4 Acres	4 large animals per lot
Lots 4 Acres and over	8 large animals per lot, plus 1 additional large animal per 1 acre in excess of 4 acre in A-2 and A-3 Zones only
Stable, Private (based on lot size)
Lots 10,000 s.f. Min.	1 horse per lot
Lots 0.5>1 Acre	2 horses per lot
Lots ≥1 Acre	3 horses per lot, plus 1 additional horse per 0.5 acre in excess of 1 acre	Example: a 3 acre lot would be permitted 7 horses

Note: Any land use authorized through a permit approval process identified in D.1 may also require site plan review, a Building Permit, and/or other permit(s) required by this Code.

Section 20.415.030 - Location Requirements ¶

The standards of Table 20.415-4 shall regulate the location, placement and setbacks of any animal keeping enclosure (pen, coop, stable, barn, kennel, corral, or related structures used for the keeping of poultry, small animals or worms) and private stables as indicated in the table.

Table 20.415-4

Animal Keeping Activity Standards

Development Standard	Minimum Requirement
Animal Keeping Enclosure
Building Separation	20 feet to any dwelling unit
Front PL	75-foot
Public ROW PL	75 feet or equal to half the lot width, whichever is less
Interior PL	15 feet
Rear PL	10 feet
Rear Alley PL	0 feet
Stable, Private
Building Separation	40 feet to any structure on lot 70 feet to any dwelling on an adjacent/adjoining lot
Public ROW PL	20 feet
Interior PL	15 feet; 0 if adjoining property owner maintains 1 or more horses
Rear PL	15 feet; 0 if adjoining property owner maintains 1 or more horses

PL = property line

Section 20.415.040 - Youth Organization Animal Raising Projects ¶

The keeping of more than two (2) of any single type or any combination of bovine animals, sheep, goats, and swine is hereby authorized in the R-1-20, A-1, A-2, and A-3 Zones (in such cases where said uses would not otherwise be permitted by this Zoning Ordinance) upon the issuance of a DP, subject to all conditions imposed thereby and to all of the following regulations:

1.

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

2.

The DP shall be granted for a period not to exceed two (2) years.

3.

DP fees for activities covered by this section may be waived.