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Poway City Zoning Code

CHAPTER 17

24 OS-RM OPEN SPACE-RESOURCE MANAGEMENT ZONE

§ 17.24.010 Purposes.

A. 
This zone is intended for lands where valuable natural resources are located. The mountainous areas, prominent ridges, riparian areas, wildlife corridors, areas of high biological value, areas with geologic hazards, and areas with valuable historic and prehistoric resources are included within this zone. Limited activity, involving minimal disturbance of the existing terrain and habitat, may be allowed on lands carrying this zone with the approval of the City Council.
B. 
In addition to the objectives outlined in PMC § 17.02.010, the open space-resource management zone is included in the zoning regulations to achieve the following purposes:
1. 
Preserve open space for the conservation of natural and cultural resources and maintain the natural character of the land;
2. 
Provide for the conservation and preservation of environmentally significant physical and cultural resources, including designated mitigation sites;
3. 
Conserve areas of historic and community significance for the enjoyment of future generations.
(Ord. 372 § 5, 1993)

§ 17.24.020 Permitted and conditional uses – OS-RM.

The uses shall be permitted where the symbol “P” appears and subject to a conditional use permit where the symbol “C” appears, and subject to a minor conditional use permit where the symbol “M” appears in the column beneath each zone designation. Where the symbol “X” appears the use is prohibited. A use that is not listed is prohibited. Land uses identified for the zone may be further limited by the presence of a specific plan or other applicable provision of the PMC.
1.
Botanical and zoological gardens
C
2.
Ranger stations, interpretive centers
C
3.
Historical landmarks
P
4.
Historical structures
P
5.
Keeping of beehives
M
6.
National and State parks
P
7.
Public utility installations
C
8.
Riding and hiking trails
P
9.
Wilderness camping areas
C
10.
Wildlife preserves and sanctuaries
P
11.
Marijuana: dispensaries, collectives and cooperatives, cultivation, delivery, manufacturing and storage as defined in PMC § 17.04.514
X
(Ord. 372 § 5, 1993; Ord. 736 § 17, 2012; Ord. 773 § 10, 2015; Ord. 785 § 17, 2016; Ord. 808 § 17, 2017)

§ 17.24.030 Accessory uses.

1.
Accessory structures and uses located on the same site as a permitted use
P
2.
Accessory structures and uses located on the same site as a conditional use
M
3.
Limited complementary uses such as tot lots and restrooms
M
4.
“Seatainers”
M
(Ord. 372 § 5, 1993; Ord. 490 § 2(9), 1997)

§ 17.24.040 Temporary uses.

Temporary uses as prescribed in Chapter 17.26 PMC upon issuance of a temporary use permit (TUP).
(Ord. 372 § 5, 1993)

§ 17.24.050 Property development standards.

The following regulations shall apply to the site of a permitted or conditional use. The requirements are minimum unless otherwise stated. No building permit shall be issued except for minor construction and rehabilitation or restoration of existing historical structures.
(Ord. 372 § 5, 1993)

§ 17.24.060 General requirements.

Building and structure height (maximum in feet)
35 feet or two stories, whichever is less, or as expressly authorized pursuant to an adopted specific plan; PMC § 17.23.070(K) for architectural appurtenances
(Ord. 372 § 5, 1993)

§ 17.24.070 Special requirements.

A. 
In the OS-RM zone, minor construction and reconstruction or rehabilitation of existing historical buildings, structures and/or sites shall be in accordance with the following design criteria:
1. 
Reconstruction/Minor Construction Plan. A reconstruction/minor construction plan shall be prepared for the entire site under consideration. The purpose of the development plan is to show where minor, new buildings (such as ranger stations, interpretive centers) and existing historic buildings might be/are located and where and how parking, on-site and off-site circulation will function. Minimal disturbance of the existing terrain and habitat is to occur. Previously approved mitigation sites, biological open space easements (public or private) must also be delineated on the development plan, restricted from any uses and properly managed. A long-term management plan for these areas must also be submitted for review and approval by the City and appropriate agencies.
2. 
Site Development Standards. The site development standards shall be consistent with the requirement of the OS-RM zone as indicated in PMC § 17.24.050 and herein. The standards shall be reminiscent and reflective of the time period when the structure was constructed for reconstruction, compatible with the surroundings for minor construction, and consistent with the community design element of the general plan. The site plan should use imaginative, creative, and historic architectural design with special consideration given to the provision of the following items where appropriate:
a. 
Low-intensity lighting;
b. 
Landscaping with native plant species;
c. 
Historic design theme.
B. 
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.
(Ord. 372 § 5, 1993; Ord. 450 § 3, 1995)

§ 17.24.080 Performance standards.

In any OS-RM zone, the regulations regarding nonconforming uses and structures shall be in accordance with Chapter 17.44 PMC.
(Ord. 372 § 5, 1993)

§ 17.24.090 Accessory structures.

None.
(Ord. 372 § 5, 1993)

§ 17.24.100 Wall and fences.

A. 
Fiberglass sheeting, bamboo sheeting or other similar temporary material shall not be permitted as a fencing material in any OS-RM zone. Chain link fencing or suitable alternative may be allowed to preserve areas with archaeological, historic, botanical or geological significance.
B. 
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.
C. 
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, e.g., 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 barbed wire) are prohibited.
D. 
It is unlawful to place or maintain electrified fencing, razor or concertina wire on the rooftop of any building.
(Ord. 372 § 5, 1993)

§ 17.24.110 Signs.

No sign or outdoor advertising structures shall be permitted in any OS-RM zone except as provided in Chapter 17.40 PMC.
(Ord. 372 § 5, 1993)

§ 17.24.120 Rezone restrictions. [1]

No property which was subject to Ordinance 283 shall be rezoned to any zone other than PF, HC, OS-R or OS-RM, nor shall any amendment to this title be adopted which would increase the residential density on property so zoned or change the uses permitted thereon to allow commercial or manufacturing uses until and unless such rezoning or amendment is approved by ordinance adopted by the voters of the City at a special or general election, or first approved by the Poway City Council and then adopted by the voters of the City at a special or general election.
(Ord. 372 § 5, 1993)
[1]
Editor’s Note: PMC § 17.22.080 (for the Open Space zone on which the OS-RN zone is based) was added by Ord. 283 and was approved by the voters at a general municipal election November 8, 1988. The language added shall not be modified or rescinded without the approval of a simple majority of the City voting at a special or general election.