Chapter 20.425 — BARS, ALCOHOL SERVICE, AND ENTERTAINMENT

The purpose of this chapter is to properly regulate the operation of bars and ancillary alcohol-service land uses within the City to ensure that the establishment and continuing operation of the land use will not

constitute a public nuisance.

The provisions of this chapter shall apply to the ownership, establishment, enlargement, construction, conversion, modification, operation, renewal, and/or transfer of ownership of all land uses that include onsite sales and/or service of alcoholic beverages and/or live entertainment. These land uses shall include "Bars," "Commercial Entertainment," and "Nightclub" land uses that are allowed by the applicable Zone. In addition to the standards of this chapter, all provisions of Chapters 5.10 (Entertainment License), 5.12 (Dance and Dance Halls), and 10.46 (Alcoholic Beverages - Responsible Beverage Sales and Service) of this Code shall apply.

A.

Nonconforming Bars. Any legal nonconforming bar, alcohol-service, nightclub, or entertainment establishment may continue to operate under the provisions of this chapter.

B.

Terminology. The word "bar" as used in this chapter shall apply to the "Bar" land use, which includes bars, nightclubs, and cocktail lounges. See Chapter 20.600 (Definitions) for "Bar (land use)."

Section 20.425.030 - Permits and Compliance

A.

License Required. All businesses or establishments offering the sale of alcoholic beverages shall obtain and thereafter maintain the appropriate license from the California Department of Alcohol Beverage Control.

B.

Permit Required. All land uses, including on-site sales and/or service of alcoholic beverages and/or live entertainment shall require a DP or CUP, subject to the permit requirements of the applicable Zone, to establish or renew the land use.

1.

In any decision to issue a CUP, consideration shall be given to the location of the proposed facility. The general vicinity shall not have a concentration of uses within on- and/or off-premises Alcohol Beverage Control licenses or an unusually high crime rate such that the proposed use could result in further criminal activity, thus requiring additional police services if the CUP is granted.

2.

Dancing shall not be permitted without an approved Dance Permit.

3.

The provisions of this chapter shall be the minimum requirements for any alcohol-service or live entertainment CUP.

C.

Entertainment Limitation. The only type of live entertainment provided shall be the type specifically approved under the CUP.

1.

A new or modified CUP shall be required for modifications to, or change of, the live entertainment provided.

D.

Inspections. Compliance with fire and safety code requirements shall be maintained through authorized Uniform Fire Code inspections conducted by the Fire Department. The applicant/owner shall submit to random, unannounced fire inspections during normal business hours. Failure to submit or comply shall

result in a presumptive determination that the use and/or place of business constitutes a nuisance violative of this Zoning Ordinance. All applicable nuisance fines and procedures established by this Zoning Ordinance shall apply.

E.

Abandonment. Any establishment, business, or facility that is either abandoned or discontinues the sale of alcoholic beverages for a period of sixty (60) consecutive days shall be deemed to have automatically terminated the associated CUP. The establishment shall obtain a new or modified CUP, as applicable, before re-engaging in the sale of alcoholic beverages or providing live entertainment.

Section 20.425.040 - General Standards

The operation of any bar, alcohol sales or service, or live entertainment use shall be subject to all of the following conditions, in addition to any conditions of approval of the required CUP:

A.

Design Standards.

1.

No bar shall be established within five hundred (500) feet of any building operated as or used for a bar, nightclub, place of religious assembly, school, or youth-oriented institutional activity.

2.

No bar shall be established within five hundred (500) feet of any place of religious assembly, school, or youth-oriented institutional activity.

3.

Architecture of the building and required landscaping of the property shall be consistent with the character of, and not detract from, the surrounding neighborhood.

Parking shall be provided in accordance with the provisions of Chapter 20.340 (Off-Street Parking and Loading), and shall include parking for bicycles, patrons, and employees.

5.

Consistent with the signage standards of Chapter 20.320 (Signs on Private Property), signs shall be posted informing the public against the prohibition of the use of drugs and smoking. The hours of operation shall be posted and plainly visible to customers within the establishment in at least two (2) locations.

B.

Operational Standards.

1.

All personnel, including management, are prohibited from consuming alcoholic beverages while on duty.

2.

All employees who serve alcohol or check identification must attend the Alcohol Beverage Control Licensed Education on Alcohol and Drugs (L.E.A.D.) training or Responsible Beverage Sales & Service (RBSS) Training every two (2) years, as required by Ordinance No. 2009-1318 or as required by the requirements then in effect. Confirmation of program participation must be kept on file at the establishment and made available upon request.

3.

All activities shall be conducted inside the building. Outdoor seating, whether alcohol consumption is permitted or not, shall require a separate CUP to properly consider safety, health, and use adjacency issues.

4.

No type of enclosed room for any purpose, intended for use by entertainers or customers, shall be constructed or maintained in conjunction with the use, except restroom facilities.

5.

The maximum occupancy, as established by the CUP and Building Code, shall not be exceeded at any time.

6.

All employees, patrons, and persons associated with the land use shall be clothed at all times in a manner that no specified anatomical areas are visible. See Chapter 20.600 (Definitions) for specified anatomical areas.

Section 20.425.050 - Ancillary Alcohol-Service Standards

In addition to the standards of this chapter, non-restaurant, commercial entertainment use with ancillary alcohol service incorporated into the primary land use shall be subject to the following standards. These standards shall also apply to any restaurant use incorporating an entertainment or dancing area in the restaurant, regardless of the size of the area and/or use.

1.

The area where service of alcohol occurs shall be ancillary to the primary land use and shall not exceed twenty-five percent (25%) of the floor area available to patrons.

2.

The service of alcohol shall be limited to the normal business hours of the primary land use.

3.

The services of paid promoters shall not be engaged by any owner, employee, or person affiliated with the permitted land use at any time.

4.

The place of business, including any event, promotion, or activity, shall not charge or impose a fee or cover charge to enter the premises and/or offer advance ticket sales for any entertainment event(s).

Section 20.425.060 - Microbrewery and Tasting Room Uses

In addition to the standards of this chapter, breweries, wineries, and tasting rooms shall be subject to the following standards:

A.

Limitations. This land use shall not be permitted with five hundred (500) feet of, or adjacent to, Residential (R) Zone property.

B.

On-Site Alcohol Sales. Service, tastings, and sales of alcohol shall be limited to product produced on-site, directly affiliated with the primary operational land use.

C.

Ancillary Sales. Ancillary retail sales directly associated with the manufacture, production, or brand of the primary brewery/tasting room shall be permitted.

D.

Accessory Entertainment Within Tasting Rooms. Accessory entertainment will be allowed, subject to the following provisions:

1.

Entertainment is subject to the provisions of Chapters 5.04 (Uniform Licensing Procedures) and 5.10 (Entertainment License).

2.

Live entertainment, limited to acoustical performances, is allowed by right. No amplified music is permitted with the exception of a microphone for vocal purposes as is typical with acoustic instrument music performances.

3.

All entertainment must be conducted inside the brewery/tasting room building (no outside entertainment is allowed).

4.

The use of a promoter or charging a cover charge for the entertainment is prohibited.

5.

Live entertainment is limited to Thursday, Friday, Saturday up to 10:00 PM.

6.

This provision also applies to wineries and distilleries with tasting rooms.

7.

If land use permissions require a Director's Permit or Conditional Use Permit for a Microbrewery/Tasting Room; Microbrewery/Tasting Room with Restaurant; or Winery/Tasting Room, entertainment requests will be regulated through the Director's Permit/Conditional Use Permit.

8.

Applicants must comply with all provisions of the business' ABC license.

(Ord. No. 2019-1481, § 3(Exh. A), 1-14-2020)

Section 20.425.070 - Nuisance

The violation of this chapter shall constitute a nuisance. The City may, in addition to any other remedy available by law, commence nuisance abatement or other proceedings to enforce the provisions of this chapter in any manner provided by law, including Chapter 1.12 of this Code, for any violation of this chapter or in response to a complaint of nuisance filed with the City in conjunction with a bar or ancillary alcohol-service use.

CHAPTER 20.430 - CONDOMINIUM CONVERSIONS

Section 20.430.010 - Purpose of Chapter

The purpose of this chapter is to provide standards to appropriately convert structures and buildings to condominiums or other individual forms of ownership in any Zone. These standards are intended to increase homeownership opportunities and protect the health, safety, and welfare of all San Marcos residents.

Section 20.430.020 - Applicability

This chapter shall apply to the conversion of any multifamily residential development to a common interest development, as defined by Section 1351 of the California Civil Code. No dwelling unit or mobilehome space shall be the subject of a condominium conversion unless a condominium conversion permit is granted prior to such conversion.

Section 20.430.030 - Procedures

A.

The conversion of structures and buildings to condominiums or other individual forms of ownerships shall require a CUP, pursuant to Chapter 20.520 (Conditional Use Permits) of this Zoning Ordinance. The standards of this chapter shall be minimum conditions associated with the CUP; the Planning Commission may attach additional conditions as deemed necessary.

B.

Tentative and final subdivision maps shall also be required for all conversions into projects containing condominiums or other individual forms of ownership as defined in the Subdivision Map Act of the State of California.

Section 20.430.040 - Development Standards

A.

Parking. Off-street parking shall, as a minimum, comply with Chapter 20.340 (Off-Street Parking and Loading Standards) of this Zoning Ordinance.

1.

A minimum of one (1) off-street guest parking space shall be provided for every three (3) units in a residential conversion.

2.

Assigned off-street parking for units shall be provided in garages or carports subject to property attributes and site design. The following guidelines are to be used in the consideration of garage requirements for condominium conversions:

a.

Garage structures for off-street parking shall be required if the surrounding, developed residential uses are constructed with garage structures.

b.

Carport structures may be allowed, instead of garage, when the following criteria are incorporated into the project design and review:

i.

Use of architectural and/or landscape treatments to screen and enhance the carport so as to minimize visual impact for adjacent streets. The Director shall specify said treatments, appropriate to the location and surrounding uses, at the time of project design and application submittal. The Director shall make a recommendation, based on these guidelines to the Planning Commission.

ii.

Carport structures, if allowed by the City for a condominium conversion request, shall be consistent and in compliance with other City regulations or policies pertaining to architectural design or design themes.

iii.

Carport structures, if approved by the City, shall conform to the requirements of the San Marcos Fire Protection District.

B.

Recreation Facilities. Permanent recreation facilities shall be provided. These facilities may include tot lots, recreational building, sport court, or swimming pool that is set aside for the use of the residents. Exact requirements will be determined and conditions under the CUP procedure depending upon the number and type of units involved.

C.

Refuse and Recycling Enclosures. Shall be provided consistent with Chapter 20.445 (Refuse and Recycling).

D.

Laundry Facilities. Every converted unit shall provide all necessary electrical and utility hookups for washing and drying laundry facilities internal to the unit.

E.

Undergrounding. All conversion shall include the undergrounding of all on-site electric, communications, CATV and similar distribution service wires, and/or cables placed underground.

F.

Building Construction Requirements. All conversions and associated construction shall conform to all building and fire codes.

G.

Ownership Organization. The City shall require as part of the approval of any conversion that an organization is created to act as the body responsible for handling matters common to all owners. Said organization, CC&Rs, and its articles and bylaws, shall be approved by the City Attorney.

H.

Other Requirements. Nothing in this section absolves an applicant from complying with any applicable requirement of any other ordinance or articles or other governmental units.

CHAPTER 20.435 - PLANNED RESIDENTIAL DEVELOPMENT

The purpose of this chapter is to establish a process for allowing flexibility in residential development and design to supplement the single-family development standards of the Residential Zones. PRD is intended to encourage and facilitate the use of contemporary best practices for the development of innovative, compact residential neighborhoods in a range of configurations, which may include standard subdivision, alley loaded, cluster or small-lot development, or courtyard site plans. All PRD areas should accomplish the following:

A.

Facilitate the development of nontraditional single-family and multifamily residences using alternative configurations, lot sizes, or open space and amenity provisions that are otherwise not consistent with the conventional Residential Zone regulations of this Zoning Ordinance.

B.

Promote more economical and efficient use of the land while providing a harmonious variety of housing choices, a higher level of urban amenities, and preservation of natural and scenic qualities of open spaces.

C.

Preserve the function and character of the residential neighborhoods while allowing for progress in the site planning and development of dwelling units to meet the needs of the community.

Section 20.435.020 - Applicability

Planned Residential Development may be permitted to create compact and innovative residential developments within all Residential Zones. PRDs shall be subject to a CUP in each of the Zones, and shall only be approved if findings can be made that the development would be consistent with the intent of the applicable Zone, would not adversely affect properties in the vicinity, would not be contrary to the public interest, and would be consistent with the spirit and intent of Section 20.435.010 (Purpose of Chapter). Figure 20.435-1 depicts a generic PRD using cluster development to maximize common open space areas.

Section 20.435.030 - Land Use Regulations

Figure 20.435-1 PRD Generic Cluster Example

==> picture [168 x 130] intentionally omitted <==

Permitted land uses within a PRD shall be consistent with the land use permit requirements of the applicable Zone, except as follows:

1.

Development shall be limited to one (1)-family, two (2)-family, and multiple dwellings in the respective Zones including dwelling units in developments commonly known as town or rowhomes, condominiums, and cluster housing. Housing types shall be consistent with Table 20.215-2 located in Chapter 20.215 (Residential Zones).

2.

Recreational uses are highly encouraged, including parks; playgrounds; usable common open space; riding and hiking trails; recreational buildings, structures, and facilities; clubhouses; community centers; and similar uses. See Section 20.435.060.E (Open Space).

3.

All open space and recreational uses shall be designed for and limited to use by residents of the planned development and their guests.

Section 20.435.040 - Planned Residential Development Process

All PRD proposals and applications shall be subject to the regulations of Chapter 20.500 (Permits and Applications Process) and the following process requirements:

A.

Permit Required. All single-family PRD proposals and applications shall be subject to a CUP, consistent with the provisions of Chapter 20.520 (Conditional Use Permits). Multifamily proposals and applications shall be subject to Site Development Plan Review, consistent with the provisions of Chapter 20.515 (Site Development Plan Review).

B.

Consistency of Intent. PRD development, by definition, proposes development that is inconsistent with the regulations of the applicable Zone. All PRD proposals shall demonstrate that the proposed development is consistent with the purpose, intent, and character of the applicable Zone, and shall not exceed the density parameters of the General Plan.

C.

Pre-Application. A pre-application preliminary consultation with the Planning Division shall be scheduled by the applicant prior to submitting an application for a PRD, per the provisions of Chapter 20.500 (Permits and Applications Process).

D.

PRD Application. Application for a PRD must be for a parcel of land that is under the control of the person or corporation proposing such planned development. The application shall be accompanied by all of the

development application items listed in Table 20.435-1.

E.

Subdivision Map Required. A tentative Subdivision Map created in accordance with the development plan shall be filed whenever the PRD constitutes a subdivision (or division of land) within the terms of this Code. A final Subdivision Map conforming to the approved or conditionally approved tentative Subdivision Map and the requirements of and conditions imposed by the CUP and Site Development Plan Review shall be filed with the County Recorder prior to the issuance of any building permits.

Table 20.435-1

Pre-Application Required Review Items

All PRD applications and developments shall be designed and constructed in compliance with the following regulations:

A.

Density. In a planned residential development, there shall be no minimum area requirement for individual lots, building sites, or dwelling units.

1.

Within the R-1 Zones, the total area of the PRD shall be equal to the minimum lot size applicable to the Zone, times the number of total dwelling units; development shall be limited to detached dwelling units.

2.

Within the R-2 and R-3 Zones, the maximum number of units shall not exceed the maximum allowed density for the Zone as established by Tables 20.215-3 and 20.215-4.

The number of dwelling units allowable in a PRD shall not exceed the maximum density of the as determined using the Slope Density.

B.

Development Standards. The following development standards shall apply:

1.

Height. Building height shall comply with the Zone in which the PRD is located; the Planning Commission may grant height exceptions where the increased height would not adversely affect the surrounding neighborhood. Additional height shall not be permitted within one hundred (100) feet of the PRD external boundary.

a.

Building height shall be limited to the height of the nearest structure on an adjacent non-PRD lot, unless buffered by one hundred (100) feet or more of open space.

2.

Building Setback.

a.

Minimum twenty (20)-foot setback required for all buildings from the ultimate ROW.

b.

Minimum twenty (20)-foot setback required for all garages with straight in access; fifteen (15)-foot minimum for all other garage configurations.

c.

Minimum twenty-five (25)-foot setback required for all building from the external boundary of the PRD.

d.

Minimum one hundred (100)-foot setback required for all intensive recreation uses from the external boundary of the PRD, unless a permanent intervening open space of at least one hundred (100) feet in width exists on the adjacent property, then twenty-five (25)-foot setback may be permitted.

e.

Minimum five (5)-foot setback required for all buildings from any interior vehicular or pedestrian way, court, plaza, open parking lot, common open space, or any other surfaced area reserved for public or private use. Measurement shall be from back of sidewalk or back of pavement where no sidewalk exists.

Building Separation. Minimum building separation of ten (10) feet required between all buildings.

a.

Each building shall be surrounded on all sides by a ten (10)-foot open space, not to exceed ten percent (10%) in slope.

4.

Parking requirements shall be consistent with the bedroom count of the unit per Chapter 20.340 (Off-Street Parking and Loading).

Section 20.435.060 - Site Design

The PRD shall be designed and developed in a manner compatible with and complementary to existing and potential residential development in the immediate vicinity of the project site.

A.

Perimeter Treatment. Site planning on the perimeter shall give consideration to protection of the property from adverse surrounding influences and protection of the surrounding areas from potentially adverse influences within the development.

B.

Recreational Activities. Intensive recreational use shall not be permitted within one hundred (100) feet of any external boundary that adjoins or is separated by a boundary street from any Residential or Agricultural Zone; this restriction will not apply where permanent intervening open space of at least one hundred (100) feet in width exists on adjacent property, regardless of Zone.

C.

Garage Configurations. Garage doors facing property line boundaries adjacent to any Residential Zones are discouraged. Where possible, site design should create front-on or side-on conditions to shared boundary lines with Residential Zones to maintain the quality and character of the adjacent Zone(s).

D.

Potential PRD Configurations. Flexibility, creativity, and use of contemporary best-practices in architecture and planning can encourage development of a wide range of detached and attached configurations.

E.

Open Space. Required open space shall comprise at least forty percent (40%) of the total area of the planned development.

1.

A minimum of fifty percent (50%) of the required open space shall have an overall finished grade not to exceed ten percent (10%), and shall be suitably improved. All landscaped areas reserved for common use

shall be designed and maintained in accordance with the standards of Chapter 20.330 (Water Efficient Landscape Standards).

2.

The remaining fifty percent (50%) of the required open space may also be improved, or left in its natural state for natural feature preservation. Areas devoted to natural or improved flood control channels and those areas encumbered by flowage, floodway, or drainage easements may be applied toward satisfying this portion of the total open space requirement.

3.

Land occupied by recreational buildings and structures may be counted as required open space.

4.

Land occupied by buildings, street, driveways, or parking spaces may not be counted in satisfying this open space requirement.

5.

Open space left in its natural state shall be kept free of litter and shall at no time constitute a health, safety, fire, or flood hazard.

6.

Landscaped areas reserved for common use shall be provided with a permanent watering system adequate to maintain such areas.

7.

Provision of all open space/recreational amenities planned for the PRD are encouraged to be installed concurrent with completion of the first dwelling unit. However, if development is to be accomplished in stages/phases, the development plan shall provide for coordinated improvement of open space and related buildings/improvements with the construction of dwelling units. Each development stage shall include installment of a proportionate share of the total open space.

8.

All or any part of the required open space may be reserved for use in common by the residents of the planned development. Required common open space areas established as part of a PRD shall be reserved in a manner that entitles the City, a public district, or a public agency to enforce the reservation, with the City, public district, or public agency a party to the reservation.

F.

Maximum Slope. Slope surrounding the building pad shall not exceed ten percent (10%) within ten (10) feet in all directions measured from the external building/dwelling walls.

G.

Circulation.

1.

Public Streets. All streets within the PRD that fall within the City's functional street classifications shall be improved to City standards for the particular classification of street, and shall be offered for dedication to the public. The City may reject the offer of dedication, forcing development of private streets.

2.

Private Streets. The developer may retain circulation internal to the PRD as private streets. The following forms of access shall be retained as private streets:

a.

Driveways;

b.

Open parking spaces or areas;

c.

Motor courts or plazas.

3.

Pedestrian walkways or paseos, such as pedestrian ways, courts, plazas, driveways, or open parking lots, shall not be offered for dedication.

4.

These private common access areas shall be permanently reserved and maintained for their intended purpose by means acceptable to the Director and City Attorney.

H.

Access.

1.

Any building or any dwelling unit that is located more than one hundred (100) feet from a public or private street or other vehicular way shall have pedestrian access to the ROW capable of accommodating emergency and service vehicles. Design shall be approved by the Fire Marshal.

2.

For alley and motor court vehicular access to units, a minimum paved width of twenty-four (24) feet shall be maintained between buildings.

I.

Off-Street Parking. Within the PRD, the following parking standards shall apply as a modification to the standard parking requirements of Chapter 20.340 (Off-Street Parking and Loading).

1.

All driveways measuring a minimum of twenty (20) feet in length shall be considered a required nonassigned parking space within a PRD. Driveway spaces shall not count toward guest parking.

2.

All off-street parking areas not under cover shall be screened from view of nearby residents of the development by shrubs or other appropriate landscape features.

J.

Identity Signage. Each PRD shall be permitted one (1) monument or other sign identifying the development at the principal entrance to the development.

1.

This sign shall comprise not more than two (2) sign surfaces of thirty (30) square feet each.

2.

The sign shall be consistent with the architectural style of the PRD.

3.

If the sign is illuminated, illumination shall be limited to continuous reflected light.

Section 20.435.070 - Other Development Criteria

A.

Relation to Natural Features. The PRD shall relate harmoniously to the topography of the site, make suitable provision for preservation of water courses, wooded areas, rough terrain, and similar natural features and areas, and shall otherwise be so designed as to use natural features and amenities to the best advantage.

B.

Fire Protection. Fire hydrants and connections shall be installed as required by the San Marcos Fire Department and shall be of a type approved by the Fire Marshal. The proposed project shall comply with Fuel Modification requirements to the satisfaction of the Fire Marshal.

C.

Signs. Interior street, building, and other signs shall be uniform in design and reflect good taste in style and size.

D.

Night Lighting. Light fixtures for walls, parking areas, driveways, and other facilities shall be provided in sufficient number and at proper locations to ensure safe and convenient nighttime use. For normal street lighting, applicable City standards and regulations shall apply.

Section 20.435.080 - Modification of Requirements

Modification of the standards of this section may be granted by the Planning Commission when it determines that such modification will not be detrimental to the subject development, adjacent properties, or the public interest, provided, however, that no modification be granted for the density requirements or the total open space requirement of this chapter.

A.

Other Applicable Applications. In addition to the PRD application, all applications that include the following conditions shall be considered a PRD application and processed in the same manner:

1.

Any application proposing to substitute open space or recreation for a portion or the required lot area.

2.

Any CUP application for a neighborhood housing development.

CHAPTER 20.440 - REASONABLE ACCOMMODATION

Section 20.440.010 - Purpose of Chapter

The purpose of this chapter is to provide a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies, and procedures.

Section 20.440.020 - Applicability

A request for reasonable accommodation may be made by any person with a disability, their representative, or any entity when the application of a zoning law or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one (1) or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment. This chapter is intended to apply to those persons who are defined as disabled under the Acts.

tice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one (1) or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment. This chapter is intended to apply to those persons who are defined as disabled under the Acts.

A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate or modify regulatory barriers to provide a person with a disability equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed by Section 20.440.030 (Applications).

Section 20.440.030 - Applications

A.

[Applications.] Requests for reasonable accommodation shall be submitted on an application form provided by the Planning Division or in the form of a letter to the Director and shall contain the following information:

1.

The applicant's name, address, and telephone number.

2.

Address of the property for which the request is being made.

3.

The current actual use of the property.

4.

The Zoning Ordinance provision, regulation, or policy from which reasonable accommodation is being requested.

5.

Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

B.

Review with other land use applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including CUP, DP, Site Development Plan Review, General Plan Amendment, Zone change, or Annexation), then the applicant shall file the information required by Section 20.440.030.A (Applications) together for concurrent review with the application for discretionary approval.

Section 20.440.040 - Environmental Review

The City's reasonable accommodation process is administrative, and not subject to review under the California Environmental Quality Act (CEQA).

Section 20.440.050 - Approval

A.

Planning Director. Requests for reasonable accommodation shall be reviewed by the Director, or his/her designee if no approval is sought other than the request for reasonable accommodation. The Director shall make a written determination within thirty (30) days and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with this chapter.

B.

Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application. The written determination on whether to grant or deny the request for reasonable accommodation shall be made in compliance with the applicable review procedure for the discretionary review. The written determination to grant or deny the request for reasonable accommodation shall be made in accordance with this chapter.

C.

Conditions of Approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by this chapter.

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

Section 20.440.060 - Findings

The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors:

1.

Whether the housing, which is the subject of the request, will be used by an individual who is disabled under the Acts.

2.

Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.

3.

Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the City.

4.

Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a City program or law, including land use and zoning.

5.

Physical attributes of the property and structures.

6.

Alternative reasonable accommodations that may provide an equivalent level of benefit.

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

Section 20.440.070 - Appeal

A determination to grant or deny a request for reasonable accommodation may be appealed in compliance with Chapter 20.545 (Appeals and Revocations) of this Zoning Ordinance.

CHAPTER 20.445 - REFUSE AND RECYCLING

Section 20.445.010 - Purpose of Chapter

This chapter provides operational and development standards for the provision of safe and adequate facilities to implement Public Resources Code Sections 42900 through 42911 for the reduction of refuse generation. Specifically, this chapter does the following:

A.

Provides standards of convenient and accessible space for collection, storage, and loading of such facilities.

B.

Promotes the public health, safety, and general welfare of the City and its citizens by minimizing adjacency conflicts.

C.

Regulates convenient and accessible space for storage and collection of refuse and recycling facilities.

Section 20.445.020 - Applicability

All new construction within any Zone shall provide adequate space for recycling and refuse receptacles per the provisions of this chapter. All recycling and refuse receptacles shall have a dedicated enclosure area and be consistent with the standards of this chapter.

A.

Review Required. The review of recycling and refuse facilities shall be an integral part of any project application. Compliance with all recycling and refuse facilities standards shall be required, unless otherwise modified by a CUP.

B.

New Construction. A refuse storage area for the collection of trash and recycled goods shall be provided at the time any structure is constructed.

C.

Requirement. Any building remodeling or additions (greater than ten percent (10%( of value or equal to twenty percent (20%) or more of floor area) or discretionary permit shall require the addition of recycling and refuse facilities per the standards of this chapter. The additional facilities shall be completed concurrently with the remodeling/addition construction.

Section 20.445.030 - General Standards

The following provisions and the standards of Table 20.445-1 shall apply to all commercial, industrial, public/institutional, mixed use, and multifamily development in any Zone:

A.

Adequate Facilities. In all Zones, refuse and recycling containers shall be adequate in capacity, number, and distribution to serve the existing and future occupants in an environment that is free from trash and debris. Recycling bins shall be provided in all locations where refuse bins are provided to enable convenience and ease in the recycling of materials.

B.

Enclosure. All refuse and recycling materials and collection bins shall be enclosed on four (4) sides unless the materials and bins are stored within a legally approved building. See Figure 20.445-1.

1.

A swinging double door as an access gate with locking capabilities shall be included on one (1) side of the enclosure. The enclosure shall be designed with decorative heavy-gauge metal gates with cane bolts on the doors to secure the gates when in the open position. Doors or gates to the enclosure shall be selfclosing.

2.

Enclosures shall provide walk-in pedestrian access without having to open the main enclosure gate if said facility is larger than ten (10) by fourteen (14) feet in dimension.

3.

Enclosures shall be constructed of solid masonry material with decorative exterior surface finish compatible to the main building(s). Split-face concrete block finish is recommended. Brick or tile veneer exterior finish should be avoided.

4.

Figure 20.445-1 Refuse and Recycling Enclosure Standards

No material shall be stacked higher than the enclosure walls/fence.

5.

A level reinforced concrete slab shall accommodate the entire structure footprint, extending forty-eight (48) inches in front of the access gates, and shall be constructed at the same level as the existing asphalt. Raised bumper guards shall be installed along the inside walls of the enclosure to prevent the dumpster from contacting the enclosure walls.

6.

The enclosure shall have an architecturally compatible solid roof/cover feature, with the design to be approved by the Director. Open roof/covers may be permitted if the dumpsters and recycle bins have closable lids.

7.

The access gate shall be painted steel and generally obscuring the view of the enclosure contents.

C.

Location. Recycling and refuse storage enclosures shall not be located in any required front setback, court, alley, or required landscape or parking space.

1.

Enclosures shall not be located closer to the public ROW than the main structure.

==> picture [228 x 267] intentionally omitted <==

D.

Accessible Design. Each recycling/refuse storage enclosure shall be consistent with Table 20.445-1 and the following standards. All standards shall be evaluated based on site design and circulation, subject to Director review and approval during Site Development Plan Review, if applicable.

1.

The overhead clearance is required in all conditions, including at roof lines such as overhanging carports or cantilevered stories.

2.

The structure shall contain concrete or asphalt drives of sufficient strength to accommodate 54,000 pounds distributed on ten (10) wheels.

3.

The structure shall be designed so that vehicular backing movements into a public ROW are not necessary.

Table 20.445-1

Refuse and Recycling Enclosure Standards

All standards are minimums unless otherwise notes. All standards are dependent on site design and circulation, subject to Director review and approval.

PL = property line

E.

Architectural Compatibility. All recycling and refuse storage areas, including covers and doors, shall be compatible with the architectural treatment of the primary building on the parcel.

F.

Blank Walls Prohibited. Blank walls are prohibited. Where screening or security walls (excluding 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.

G.

Multifamily Development. Refuse and recycling shall not be stored in balcony or porch spaces. The standards of Section 20.445.030 (General Standards) shall apply to all multifamily development.

Section 20.445.040 - Reverse Vending Machines

Reverse vending machines shall be allowed as an accessory use, subject to the following standards. Each reverse vending machine shall:

1.

Be capable of dispensing cash or a certificate for aluminum and non-aluminum metals, glass, and plastic.

2.

Be located adjacent to a building wall and within twenty (20) feet of the main entrance of a market/store.

3.

Not exceed the following size and bulk standards for each reverse vending machine:

i.

fifty (50) square feet of bulk; and the

ii.

height shall not exceed eight (8) feet.

4.

Be located in a manner that does not obstruct pedestrian or vehicular circulation.

5.

Be constructed with durable waterproof and rustproof materials, designed with a color scheme that is in harmony with the surrounding buildings and development. Machines shall be illuminated to ensure safe operation.

6.

Be maintained in a clean and litter-free condition on a daily basis.

7.

Be available and in operation during the operation of the market/store.

Section 20.445.050 - Single-Family Residential Standards

Standards of Section 20.445.030 (General Standards) shall not apply to single-family homes. All singlefamily homes shall provide a clear space for storage of recycling and refuse containers. The space shall be as follows:

1.

A minimum dimension of five (5) feet by five (5) feet located within the side setback area.

2.

Located behind residential fencing a minimum of five (5) feet in height.

3.

No material shall be stacked higher than the fencing.

4.

Shall not be located within the required front setback or closer to the front property line than the front façade of the dwelling unit.

CHAPTER 20.450 - RENEWABLE ENERGY

Section 20.450.010 - Purpose of Chapter

The purpose of this chapter is to establish the design and operational standards for permitting and installation of non-solar renewable energy systems. The City promotes the use of alternative energy sources such as renewable energy systems to reduce demands on the regional energy grid.

The provisions of this chapter shall apply to the installation of and renewal of permits for non-public renewable energy systems. All renewable energy systems shall be operated and maintained in such a manner as to preserve the established character of the surrounding properties, and shall limit, to the extent feasible, noise and vibration resulting from the system.

A.

Measurements. All measurements, setbacks, and provisions of this chapter shall apply to any portion of the renewable energy system. Where devices include moving parts, the measurement shall be taken from the outermost edge of the moving portions of the device.

Section 20.450.030 - Permit Requirements

A.

Permitted. Non-solar renewable energy systems shall be permitted in all Zones, subject to a DP; groundmounted systems in the I and I-2 Zones shall be subject to a CUP.

B.

Solar Panels. Solar panels are permitted on roof tops in conjunction with all permitted land uses, and shall be regulated and permitted subject to applicable state law. Additionally, solar panels may be allowed subject to a CUP, in conjunction with carports and garages in parking areas in all Zones.

C.

Concurrent Development. Where the renewable energy system is proposed and installed concurrently with the primary land use application, the DP shall be waived and the permit requirements of the primary land use shall suffice.

D.

Site Development Plan Review. All renewable energy systems shall be subject to Site Development Plan Review, except where the application goes through a CUP or DP, then Site Development Plan Review shall not be required. Each system shall be reviewed for consistency with this chapter and the applicable Zone.

E.

Application Requirements. All renewable energy systems shall provide adequate plans during DP or CUP application to specifically address all of the following information. The applicant shall submit the following:

1.

Standard drawings shall be required to demonstrate compliance with the latest version of the California Building Code.

2.

Line drawings of electrical components of the renewable energy system in sufficient detail to demonstrate compliance with the applicable electrical code.

3.

Plan and elevation diagram of the utility and placement showing compliance with the standards of this chapter and the applicable Zone.

4.

Plans specifying the system manufacturer, model, power rating, and blade dimensions (where applicable).

Section 20.450.040 - Development Standards

The following requirements shall apply to all non-solar, non-public renewable energy systems based on the type of system and applicable performance standards:

A.

Noise. All renewable energy systems shall be operated in such a manner that they do not exceed the City's noise standards established in Section 20.300.070.F and Chapter 10.24 Noise of the San Marcos Municipal Code.

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

B.

Setbacks. All non-solar renewable energy systems mounted to a building or structure shall be subject to the required setbacks of the applicable Zone, except as modified below:

1.

Where encroachments are necessary for proper function of the renewable energy system, based on system type or adjacency conditions, no portion of the system shall be:

a.

less than two (2) feet from any rear or interior property line; however, Section 20.300.070.F noise restrictions as measured from the property line shall prevail over this encroachment provision; or

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

b.

closer than ten (10) feet to any street frontage or ROW.

2.

Stand-alone, ground-mounted renewable energy systems are prohibited; in the I and I-2 Zones, such systems shall be subject to a CUP and appropriate public hearings.

C.

Height. Renewable energy systems shall be permitted mounted to a building, structure, or roof.

1.

Maximum height shall not exceed fifteen (15) feet from the base/mount of the unit to the top of the unit (including blade length in vertical position, where applicable).

2.

Solar panels shall be limited to a maximum height of five (5) feet from the base/mount of the unit.

3.

Additional height encroachments may be permitted through a DP where adjacency conditions require a fifteen (15)-foot height limitation, if the renewable energy system needs to be taller to function properly.

D.

Size/Coverage. Non-solar renewable energy systems, or group of systems, shall not exceed thirty percent (30%) area coverage of the surface to which the system is mounted.

E.

Design. The following measures shall be followed to minimize the visual impact of the renewable energy system:

1.

Design of renewable energy systems shall be of white or grey, or other unobtrusive color. Solar systems shall be exempt from the color requirements.

2.

Design of non-solar/non-wind systems shall complement the design of the associated building or structure.

3.

Removal of existing vegetation shall be minimized.

4.

Any accessory buildings shall be painted or otherwise visually treated to blend with the surroundings.

A structure shall be non-reflective in all areas possible to blend with the surroundings.

F.

Fencing. Where systems are ground-mounted or located with public ROWs or easements, public access shall be restricted through the use of a fence with locked gates, non-climbable towers, or other suitable methods.

Section 20.450.050 - Non-Operation

A.

The project owner shall post a bond, lien contract agreement, cash deposit, or other form of surety acceptable to the Director, sufficient to allow for the removal of non-operational wind turbines.

B.

Any non-operational renewable energy system, or any system not in compliance with the provisions of this chapter, shall be removed within twelve (12) months of non-operation or the owner will receive a citation by the City. Violations and abatement procedures shall comply with Chapter 20.550 (Enforcement and Penalty).

CHAPTER 20.455 - TEMPORARY EVENTS

Section 20.455.010 - Purpose of Chapter

This chapter provides additional regulations for activities and uses associated with temporary events or facilities that are otherwise not regulated by this Zoning Ordinance. Specifically, this chapter is intended to allow for short-term activities that warrant individual consideration and are acceptable because of their temporary, short-term nature.

Section 20.455.020 - Applicability

The provisions of this chapter shall regulate all special events and temporary land uses occurring in Zones as permitted by Table 20.455-1. The sale and display of products shall be directly related to the business located on the same property. This section shall not apply to special events, parades, processions, rallies, or block parties that shall be governed by Municipal Code Section 12.28.

A.

Exempt Activities. The following activities, although temporary in duration and nature, shall be exempts from the standards of this chapter, and shall not require the issuance of a permit for the activity:

1.

City sponsored temporary activities and events conducted at City Hall.

2.

On-site construction yards in conjunction with development projects.

Emergency public health and safety facilities and activities.

Section 20.455.030 - Event Standards

Temporary events within the City shall be permitted per the standards of Table 20.455-1.

Table 20.455-1

Temporary Event Permitting Standards

A.

Parking Lot Sales.

1.

Purpose. Parking lot sales (PLS) allow furniture/home improvement oriented businesses within the State Route 78 corridor, large box retailers, and shopping centers as a whole the opportunity to have promotional outdoor sales events on a periodic basis. This may also extend to events sponsored by multiple commercial artists that occupy multi-tenant industrial complexes in the City. Within the commercial and light industrial Zones, the PLS is limited to primary tenants of multi-tenant centers, retail businesses along the State Route 78 corridor fronting Los Vallecitos and stand alone retail establishments.

2.

Application Required. An application for a Temporary Use Permit for a PLS shall be submitted at least fifteen (15) business days prior to commencement of the PLS and shall be accompanied by the property owner's written approval. If use of a parking area is intended, a site plan showing parking and fire lanes shall be submitted to determine that any use of the parking area does not exceed twenty percent (20%) of the required parking area for the sponsored use. The site plan shall indicate the area proposed for the parking lot sale, including any area for installation or storage of all equipment. Parking lot sales are not permitted in or on parking structures.

3.

Standards. Parking lot sales are permitted to occupy parking lot spaces, however, shall not be located within the public ROW or required setbacks unless specified within the Temporary Use Permit as an approval condition.

Additionally, sale racks, displays, stands, and booths shall be as follows:

a.

Directly related to the business(es) located on the same property.

b.

Located no farther than thirty (30) feet from the establishment being promoted and shall not exceed the confines of the business frontage, unless otherwise approved by the Director.

c.

Removed from the parking lot at the close of each business day.

d.

Located within hardscape areas. No display shall be located within the landscaping area or in a location that would be detrimental to the landscaping.

e.

Located in a manner not to impede the flow of pedestrian and vehicular traffic through the parking lot.

f.

Located in a manner not to block, hinder, or impede entrances and exits to parking lots and buildings.

B.

Outdoor Farmer's Markets. Outdoor Farmer's Markets shall be allowed in the C and L-I Zones, subject to a DP, which shall be reviewed for renewal annually. The DP shall address the time limit, duration, and frequency of the Farmer's Market. The DP shall also include provisions for standard operation of the Farmer's Market, which include locations, security, water supply, use of tents and canopies, sanitation facilities, medical services, noise, signage, fire protection, traffic control, and permits that may include building, electrical, health, and tent.

1.

General Regulations. Farmer's Markets are permitted to occupy parking lot spaces, however shall not be located within the public ROW or required setbacks unless specified within the DP as an approval condition.

Additionally, sale racks, displays, stands and booths shall be as follows:

a.

Used for the sale of agricultural and horticultural products grown and/or processed within one hundred (100) miles of the City. Artisans may sell original art, craftwork, or handmade items that they created, constructed, or produced themselves within one hundred (100) miles of the City.

b.

Located within hardscape areas. No display shall be located within a landscaped area or in a location that would be detrimental to landscaping.

c.

Located in a manner not to block, hinder, or impede entrances and exits to parking lots and buildings.

C.

Other Temporary and Seasonal Uses. Temporary and seasonal uses may include one (1)-day sales and other temporary seasonal sales, including Christmas tree sales lots and pumpkin patches with affiliated facilities and trucks. These uses may be permitted in all Zones through a DP.