Poway City Zoning Code

This zone is intended for low-intensity active-recreational and ancillary commercial needs which could be compatible with residential land uses. These active-recreational opportunities are meant to serve the recreational and social interaction needs of the City residents of all ages, economic situations, and physical conditions. Publicly owned lands, such as parks, may also be included in this zone subject to approval by the City. Only those additional uses are permitted that are complementary to, and can exist in harmony with, the open space-recreation land use and surrounding lands uses. It is the intent that this zone be applied to an entire parcel of land or to a portion of a parcel of land, provided that the remainder of the parcel meets the area requirements for which it is zoned.

In addition to the objectives outlined in PMC § 17.02.010 (Purpose and scope), the open space-recreation zone is included in the zoning regulations to achieve the following purposes:

In any OS-R zone, a minimum building setback of 25 feet shall be required whenever a parcel of land in the OS-R zone abuts a lot in any residential zone. The setback area may be used for required open off-street parking areas. The building setback may be increased by the City Council in situations where additional distance would help to mitigate or alleviate potential problems, hazards or environmental concerns.

When any property in an OS-R zone abuts a property in a commercial or manufacturing zone, the minimum side and rear yard setbacks may be reduced at the discretion of the City Council, and such reduction shall not constitute a variance.

In the OS-R zone, new construction and reconstruction or rehabilitation of existing buildings and/or sites shall be in accordance with the following design criteria:

All exterior lighting shall be constructed in accordance with PMC § 17.08.220(L) and 17.10.150(H).

All development in the floodplain shall be in accordance with the National Flood Insurance requirements and local ordinance.

A minimum of two toilets and one wash basin is required to be provided for each gender for all buildings and facilities accessible by the public. Additional toilets and wash basins are required for larger buildings and facilities based on the number of people expected to use them.

Hours of operation of any land use or activity located in any OS-R zone shall be restricted to between sunrise to 10:00 p.m. weekdays, weekends, and holidays. Any exceptions to these time limits with regard to special events shall be subject to a temporary use permit granted by the City Council.

All gambling and the sale and consumption of illegal drugs on-site is strictly prohibited. The sale and consumption of alcoholic beverages shall be prohibited except as permitted by conditional use permit.

Where an open space-recreation zoned parcel fronts on more than one street, it shall be considered to have multiple frontages and be required to meet the front yard setback requirement on all street frontages.

Driveways in all open space-recreation zones shall be constructed subject to the following standards:

Architectural appurtenances to churches or other religious institutions involving a steeple, or cross, or the combination thereof, and clock towers and similar design elements on open space-recreation structures, may exceed the maximum height of 35 feet. Proposals for such appurtenances, however, shall be evaluated through the development review application process on a case-by-case basis so that architectural compatibility and appropriate building scale is achieved and maintained.

All public projects and private development projects within the jurisdiction of the City that have the potential to adversely impact sensitive plant species, wildlife species, and associated natural habitats shall either demonstrate that any removal of habitat associated with the proposed development has been authorized by the California Department of Fish and Game and the U.S. Fish and Wildlife Service or comply with the adopted Poway subarea habitat conservation plan, the companion implementing agreement, and the requirements thereof including the compensation mitigation strategy, mitigation ratios, and special development requirements.

Landscaping. In all OS-R zones, required front and street side yards shall be landscaped in accordance with the City landscape guidelines.

Energy Conservation. Buildings shall be located on the site to provide adjacent buildings adequate sunlight for solar access. All new construction and remodeling shall be preplumbed for solar hot water heating. Buildings shall be designed to minimize energy consumption requirements, including, but not necessarily limited to, the following conservation measures:

Where an open space-recreation facility land use abuts property in any commercial or manufacturing zone, fencing and/or walls may be required, as necessary, to mitigate potential negative impacts to adjacent properties.

Wherever off-street parking areas are facing the front or side yard of property in a residential zone, a masonry wall or berm three feet in height shall be erected in the landscaped area between the required landscape area and the parking area to adequately screen the parking areas from the residential properties.

All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where necessary. Pad-mounted transformers and/or meter box locations shall be included in the site plan with any appropriate screening treatment. All new and existing utilities connections within the boundaries of the project shall be placed underground. Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts, and other facilities may be placed above ground but shall be screened from view. The requirement for undergrounding existing utilities shall not apply to any overhead power transmission lines in excess of 34.5KV and long distance and main trunk communication facilities. The requirement for undergrounding existing utility connections may be waived or modified by the City Council in accordance with criteria and provisions for such as adopted by resolution of the City Council.

The noise level emanating from any new open space-recreation activity shall not exceed 60 dBA CNEL, as the acceptable outdoor noise exposure level when measured at the property line in accordance with Chapter 8.08 PMC.

All ground-mounted mechanical equipment, including heating and air conditioning units, and trash receptacle areas, shall be screened from surrounding properties by use of a wall or fence or shall be enclosed within a building. Structural and design plans for any required screening under the provisions of this section shall be approved by the Development Services Director.

All roof appurtenances including, but not limited to air conditioning units, and mechanical equipment shall be shielded and architecturally screened from view from on-site parking areas, adjacent public streets, and adjacent residentially zoned property.

Reciprocal ingress and egress, circulation and parking arrangements shall be required to facilitate the ease of vehicular and pedestrian movement between adjoining properties.

Odor. No use shall be permitted which creates offensive odor in such quantities as to be readily detectable beyond the boundaries of the site.

In any OS-R zone, the regulations regarding nonconforming uses and structures shall be in accordance with Chapter 17.44 PMC.

Accessory Buildings and Structures. Accessory buildings and structures (attached or detached) shall meet all of the requirements for location of the main structure as constructed or required by the zone, except as herein provided. Where open space-recreation uses abut any residential zone, the following shall apply:

Canopies, Patios and Breezeways. Canopies, patios, and breezeways attached to the main building or connecting the main building with a detached accessory building, may extend into a required rear or interior side yard provided that portions of such structures extending into the yard:

Other Structures. Porches, steps, architectural features, such as eaves, awnings, chimneys, balconies, stairways, wing walls, or bay windows may project not more than four feet into any required front or rear yard area, nor into any required side yard area more than one-half of the required side yard.

In any required street setback area, view-obscuring fencing shall not exceed 30 inches in height, except for retaining walls as approved through the development review process.

In any required rear or interior side yard area, a wall or fence shall not exceed six feet in height except as required by subsection E of this section.

A wall or fence adjacent to a driveway or street providing vehicular access to an abutting lot or street shall not exceed three feet in height within 15 feet of the intersection of the driveway and the street right-of-way and/or shall comply with Cal-Trans’s design standards for sight visibility. Corner cut-offs may be required for safety and visibility (see Diagram 17.23.100).

Fiberglass sheeting, bamboo sheeting or other similar temporary material shall not be permitted as a fencing material in any OS-R zone.

A wall or fence up to eight feet in height may be allowed by the Director of Development Services where necessary for noise attenuation from arterial streets or other noise sources. The wall or fence shall be designed and constructed in accordance with the objectives and policies of the general plan community design element.

Where barbed wire strands are placed at the top of a wall or fence, such material shall maintain a minimum vertical clearance of six feet above grade and shall be maintained in a safe condition.

It is unlawful for an owner of a parcel of land within the City to keep barbed wire or any other type of wire fencing in an unsafe, abandoned or materially dangerous condition. Unmaintained wire fencing, including but not limited to barbed wire, razor wire, and concertina wire (coiled barbed wire), is declared to be public nuisance and shall be subject to the nuisance abatement procedure, Chapter 8.72 PMC. Razor wire and concertina wire (coiled wire) are prohibited.

It is unlawful to place electrified fencing, razor, or concertina wire on the rooftop of any building.