Poway City Zoning Code

means two adjoining parcels of property with a common property line, including two or more lots adjoining only at a corner, except where such common property line is located on a public street right-of-way.

means the place, means, or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this title.

means a second dwelling unit located on the same lot as an existing single-family dwelling.

means a building, part of a building, or structure, which is incidental or subordinate to the main building or use on the same building site.

shall have the meaning defined in Section 65852.2 of the California Government Code, which may be an attached or detached residential dwelling unit, which provides complete independent living facilities for one or more persons. An ADU may or may not include cooking or kitchen facilities separate from the main residence and must provide for living, sleeping, eating, cooking, and sanitation on the same parcel as the main single-family or multifamily residence. An accessory dwelling unit also includes an efficiency, as defined in Section 17958.1 of the Health and Safety Code, and a manufactured home, as defined in Section 18007 of the Health and Safety Code.

shall have the meaning and size limitations defined in Section 65852.22 of the California Government Code.

means a use incidental, related, appropriate and clearly subordinate to the main use of the lot or building, which accessory use does not alter the principal use of such lot or building.

means any notice to the public for the purpose of increasing sales or business, announcing the availability of a service or product, or making claims as to the value or quality of any service or product.

means any portion of any house or housing accommodation that is maintained in connection with any agricultural work or place where agricultural work is being performed, whether rent is involved or not, and shall be deemed a residential use if it exists in structures that are single-family houses or apartment houses.

means any change to the exterior surfaces of a building including but not limited to renovation, rehabilitation, reconstruction, restoration, replacement, or rearrangement of structural parts or elements, or any changes that affect the plan configuration of walls, spaces or bulk of a building. Alteration does not include painting.

means that general noise level in the area at a given time.

means a place where animals are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding and shall be only incidental to such hospital use.

means any collectible, object of art, bric-a-brac, curio, household furniture or furnishing offered for sale upon the basis, express or implied, that the value of the property, in whole or substantial part, is derived from its age or from its historical associations.

means any place of business engaged in the business of buying and selling, trading or accepting for sale on consignment antiques.

means a building or portion thereof designed and used for occupancy by two or more individual persons or families living independently of each other.

means places of business where five or more electronic or electrical coin-operated games are operated for compensation.

means the area between the roof framing and the ceiling of the rooms below, that is not habitable, but may be reached by ladder from the interior of the building and used for storage. Improvement of an attic to habitable status shall make it a story.

means a lot or portion of a lot used for the servicing of motor vehicles. Such servicing may include sale of motor fuel and oils, lubrication, incidental carwashing, waxing and polishing, sales and service of tires, tubes, batteries, and service of auto accessories. Such servicing does not include tire recapping, sale of major auto accessories, wheel repair or parts, sale or rebuilding of engines, battery manufacturing or rebuilding, radiator repair or steamcleaning, body repair, painting or upholstery, or installation of auto glass.

means a story partly or wholly underground. A basement shall be counted as a story for purposes of height measurement where more than one-half of its height is above grade.

means a facility licensed by the State Department of Social Services, which provides room, board, minor medical care and cleaning services for ambulatory senior citizens.

means a building where lodging is provided for compensation, with or without meals, where the residents do not live as a single housekeeping unit. The terms “boardinghouse” and “roominghouse” shall specifically include, but are not limited to, a single-family dwelling where at least three rooms are rented under separate agreements, whether written or oral. A licensed “residential facility,” as that term is defined in California Health and Safety Code Section 1502(a)(1), which services six or fewer persons, including the licensee, the members of the licensee’s family, and persons employed as facility staff, is not considered a boardinghouse or roominghouse.

means the creation of an opening in the body of a human being for the purpose of inserting jewelry or other decoration. This includes, but is not limited to, piercing of a lip, tongue, nose, or eyebrow. “Body piercing” does not include the piercing of an ear.

means any structure having a roof supported by columns or walls.

means the vertical distance from the average grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the highest point of the highest gable of a pitch or hip roof, but exclusive of vents, air conditioners, chimneys, or other such incidental appurtenances.

means a building within which is conducted the principal use permitted on the lot as provided in this title.

means a legally created parcel or contiguous parcels of land in single or joint ownership, which provides the area and the open spaces required by this title, exclusive of all vehicular and pedestrian rights-of-way and all other easements that prohibit the surface use of the property by the owner thereof.

means a development in which businesses and structures are designed as an architecturally integrated and interrelated development. Such design is independent of the number of structures, lots, or parcels making up the center.

means a permanent rooflike structure extending from part or all of a building face and constructed of durable material which may not project over a public right-of-way.

means living quarters accessory to a principal use on a site and intended for occupancy on the same site, as a caretaker, security guard, or similar position generally requiring residence on the site.

means a permanent roofed structure with not more than two enclosed sides used or intended to be used for vehicle storage for the occupants of the premises.

means a place for medical services to patients human or animal not involving the overnight housing of patients.

means an association of persons, whether or not incorporated, for a common purpose, but not including groups organized solely or primarily to render a service as a business for profit.

means a completely enclosed restaurant facility wherein the customers are served as a business for profit.

means a development in which an undivided interest in the land is coupled with the right of exclusive occupancy of an apartment located thereon.

means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a residential, industrial or commercial building on such real property, such as an apartment, office or store.

means the conversion of rental units, residential or commercial, into a condominium project.

means a facility licensed by the State Department of Public Health, the State Department of Social Welfare, or the County, which provides bed and ambulatory care for patients with post-operative convalescent, chronically ill or dietary problems, and persons aged or infirm unable to care for themselves; but not including, alcoholics, drug addicts, or persons with mental or contagious diseases or afflictions.

means an enterprise that is operated as a cottage food operation as defined by California Health and Safety Code Section 113758, and has not more than one full-time equivalent cottage food employee, not including a family member or household member of the cottage food operator, within the registered or permitted area of a private home where the cottage food operator resides and where cottage food products are prepared or packaged for direct, indirect, or direct and indirect sale to consumers pursuant to this title.

means the County Recorder of San Diego County.

means an enclosed area below the first usable floor of a building, generally less than five feet in height, used for limited access for plumbing and electrical utilities.

means any building, buildings or portion thereof used for the daytime care of children.

means the total number of dwelling units permitted on a net acre of land exclusive of all existing public or private streets and rights-of-way.

means the total number of dwelling units permitted on a net acre of land exclusive of all existing public or private streets and rights-of-way.

means the Director of Development Services of the City.

means a building intended or used principally for sleeping accommodations, where such building is related to an educational institution.

means a place of business which sells food products and/or beverages and which:

means a building or portion thereof designed exclusively for residential occupancy.

means a building containing two or more dwelling units or a combination of two or more separate single-family dwelling units on one lot.

means a detached building designed exclusively for residential occupancy by a single housekeeping unit.

means one or more rooms and a single kitchen in a single-family dwelling, apartment house or hotel designed as a unit for occupancy by one family for living and sleeping purposes.

means bars, nightclubs, restaurants, coffee shops, delicatessens and private clubs which may offer food, alcoholic beverages and/or entertainment.

means public and other nonprofit institutions conducting regular academic instruction at kindergarten, elementary, secondary, collegiate levels, and including graduate schools, universities, nonprofit research institutions and religious institutions.

means any animal not normally domesticated in the United States such as, but not limited to, a reptile, fox, raccoon or similar animal, including predatory or poisonous animals.

means one or more persons living together as a single housekeeping unit within a dwelling unit. “Family” also means the persons living together in a licensed “residential facility” as that term is defined in California Health and Safety Code Section 1502(a)(1), which services six or fewer persons, including the licensee, the members of the licensee’s family, and persons employed as facility staff.

means a vertical barrier or enclosure constructed of any material which supports no load other than its own weight.

means a detached accessory building or a portion of a main building on the same lot for the parking and temporary storage of vehicles of the occupants of the premises.

means an accessory building or an accessory portion of the main building designed and/or used for the shelter or storage of vehicles of the occupants of the main building.

means the general plan of the City and shall consist of the general plan maps adopted by the City Council.

means the average level of the finished ground surfaces within a 20-foot area surrounding a building.

means a promotional activity not exceeding 30 calendar days used by newly established businesses, within six months after occupancy, to inform the public of their location and service available to the community. Grand opening does not mean an annual or occasional promotion of retail sales by a business.

means the total horizontal area within the lot lines of a lot or parcel of land before public streets, easements or other areas to be dedicated or reserved for public use are deducted from such lot or parcel.

means a room which is designed to be occupied by one or more guests for sleeping purposes, and having no kitchen facilities.

means a street shown as a freeway, major, primary, or secondary highway on the general plan of the City.

means any occupation or profession conducted or carried on entirely within a dwelling by the occupants thereof which is clearly incidental and secondary to the use of the structure for dwelling purposes and which does not change the character thereof and does not adversely affect other uses in the zone of which it is a part. Home occupations shall be evaluated in accordance with the provisions and criteria in Chapter 17.28 PMC.

means an institution for the diagnosis, care, and treatment of human illness, including surgery and primary treatment.

means a structure or portion thereof or a group of attached guestrooms or suites occupied on a transient basis for compensation.

means any animal customarily permitted and kept in a dwelling and kept only for the company or pleasure provided to the occupants of the dwelling, to include dogs, cats, rabbits, parakeets, tropical fish, and hamsters or other similar domesticated animals.

means a facility which provides housing and recreation for active ambulatory senior citizens.

means a business or activity that has ceased operation, except for temporary closures for repairs, alterations, or other similar situations at any given location for a period of at least 30 days.

means any combustible or noncombustible waste including, but not limited to, trash, refuse, paper, glass, cans, bottles, rags, fabrics, bedding, ashes, trimmings from lawns, shrubbery or trees, except when used for mulch or like agricultural purposes; household refuse other than garbage; used lumber, metal, plumbing fixtures, bricks, building stones, plaster, wire or like materials from the demolition, alteration or construction of buildings or structures; used tires or inner tubes, auto, aircraft or boat parts; plastic or metal parts or scraps; damaged or defective machinery, whether or not repairable; and damaged or defective toys, recreational equipment or household appliances or furnishings, whether or not repairable.

means any property or premises on which seven or more dogs, seven or more cats, or any combination thereof, over the age of four months, are kept.

include equine and bovine animals and other such animals described and assumed by their size, weight, and/or appearance to be large animals.

means authorized or permitted in accordance with defined procedures by ordinance or law.

means:

means any single event or series of events conducted for guests or patrons, including, but not limited to:

means a unit that provides the basic amenities for everyday living and includes but is not limited to a sleeping area, closet space, restroom, sitting/entertainment area, incidental kitchen facilities and/or common dining and recreational facilities.

means an association of persons (whether or not incorporated) for a common purpose, by not including groups organized solely or primarily to render a service as a business for profit.

means:

means a lot located at the intersection or interception of two or more streets at an angle of not more than 135 degrees. If the angle is greater than 135 degrees, the lot shall be considered an “interior lot.”

means the ratio between the ground floor area of the building or buildings and the net area of the lot, exclusive of the ultimate street right-of-way. For master planned commercial, industrial, or institutional projects that may encompass multiple lots, the lot coverage standard may be calculated over the entire area of the master planned site.

means the average horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.

means a lot which utilizes a narrow strip as its means of providing frontage on a street and/or providing vehicular access to the lot.

means a lot other than a corner lot.

means any line bounding a lot as defined in PMC § 17.04.440.

means on an interior lot, the front lot line is the property line abutting the street. On a corner or reverse corner lot, the front lot line is the shorter property line abutting a street, except in those cases where the subdivision or parcel map specifies another line as the front lot line. On a through lot or a lot with three or more sides abutting a street or a corner or reverse corner lot with lot lines of equal length, the Director shall determine which property line shall be the front lot line for the purposes of compliance with yard and setback provisions of this title. On a private street or easement, the front lot line shall be designated as the edge of the easement.

means a lot line not abutting a street.

means a lot line not abutting a street which is opposite and most distant from the front lot line. In the case of an irregular-shaped lot, a line within the lot, parallel to and at a maximum distance from the front lot line, having a length of not less than 10 feet. A lot which is bounded on all sides by streets may have no rear lot line.

means a corner lot, the side line of which is substantially a continuation of the front lot lines of the lot to its rear, whether across an alley or not.

means any lot line not a front lot line or rear lot line.

means a lot having frontage on two parallel or approximately parallel streets.

means the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

means a method of review by the City Council to determine conformance with applicable ordinances.

means a solid wall composed of stone, brick, concrete, gypsum, hollow clay tile, concrete block or tile or other similar building units or materials or a combination of these materials laid up unit by unit and set in mortar.

whether medical or otherwise, shall mean the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof, and any and all associated business and/or operational activities. Marijuana cultivation by any person or entity, including clinics, collectives, cooperatives and dispensaries, is prohibited in all zones within the City’s jurisdictional limits. No permit, whether conditional or otherwise, shall be issued for the establishment of such activity. Marijuana cultivation shall not include the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof by any “qualified patient,” or “person with an identification card,” as those terms are defined in California Health and Safety Code Section 11362.7. Marijuana cultivation shall also not include the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof indoors at a single residence, where the marijuana plants and products are for personal use and consumption by adult residents therein and are otherwise permitted by State or Federal laws. Outdoor cultivation shall be strictly prohibited in all zones.

whether medical or otherwise, shall mean the commercial delivery, transfer or transport, or arranging for the delivery, transfer or transport, or the use of any technology platform to arrange for facilities for the commercial delivery, transfer or transport of marijuana, edible marijuana products, or any marijuana products to or from any location within the jurisdictional limits of the City of Poway, and any and all associated business or operational activities. Marijuana delivery by any person or entity, including clinics, collectives, cooperatives and dispensaries, is prohibited in the City. No permit, whether conditional or otherwise, shall be issued for the establishment of such activity. Marijuana delivery shall not include the delivery, transfer or transport of marijuana, edible marijuana products, or any marijuana products to any “qualified patient,” or “person with an identification card,” in the City, by any “primary caregiver,” as each of those terms is defined in California Health and Safety Code Section 11362.7, not to exceed eight ounces of dried marijuana for each “qualified patient” and “person with an identification card” residing in the City.

whether medical or otherwise, shall mean any facility or location, whether fixed or mobile, where marijuana is made available to three or more of any of the following persons: a primary caregiver, a qualified patient, or a patient with an identification card. Each of these terms is identified in strict accordance with California Health and Safety Code Section 11362.7 et seq. as such sections may be amended from time to time. A “marijuana dispensary” shall not include the following uses, as long as the location of such uses is otherwise regulated by this code and applicable State or Federal law:

whether medical or otherwise, shall mean the production, preparation, propagation, or compounding of cannabis products, including extraction processes; infusion processes; the packaging or repackaging of manufactured cannabis or cannabis products; or the labeling or relabeling of packages of manufactured cannabis or cannabis products. Marijuana manufacturing shall include all aspects of the extraction and/or infusion processes, including processing, preparing, holding, storing, packaging, or labeling of cannabis products as well as any processing, preparing, holding, or storing of components and ingredients. No permit, whether conditional or otherwise, shall be issued for the establishment of such activity. Marijuana manufacturing shall not include the production, preparation, propagation, or compounding of cannabis products, including extraction processes, infusion processes or any part thereof by any “qualified patient,” or “person with an identification card,” as those terms are defined in California Health and Safety Code Section 11362.7. Marijuana manufacturing shall also not include the production, preparation, propagation, or compounding of cannabis products, including extraction processes, infusion processes or any part thereof indoors at a single residence, where the marijuana plants and products are for personal use and consumption by adult residents therein and are otherwise permitted by State or Federal laws. No permit, whether conditional or otherwise, shall be issued for the establishment of such activity.

shall mean any facility or location, whether fixed or mobile, where marijuana, whether medical or otherwise, is stored either temporarily or permanently. No permit, whether conditional or otherwise, shall be issued for the establishment of such activity. Marijuana storage shall not include the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof by any “qualified patient,” or “person with an identification card,” as those terms are defined in California Health and Safety Code Section 11362.7 so long as it is located at the residence of the qualified patient or person with identification card. Marijuana storage shall also not include the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof indoors at a single residence, where the marijuana plants and products are for personal use and consumption by adult residents therein and are otherwise permitted by State or Federal laws.

means a method of review by the Director of Development Services to determine conformance with applicable ordinances.

means a movable or transportable vehicle, other than a motor vehicle, designed as a permanent structure intended for occupancy for one family and having no foundation other than jacks, piers, wheels, or skirtings.

means a plot of ground within a mobile home park designed for the accommodation of one mobile home unit.

means the same as “hotel.”

means all land, utility easements and trails within a given area or project including residential lots, and other open space which directly serves the residents of the net acre; but exclusive of all public or private streets and other easements such as a floodway or flood-control channel.

means a building or portion thereof which was lawful when established but which does not conform to the provisions of this title.

means a lot, the area, frontage or dimensions of which do not conform to the provisions of this title.

means a use lawful when established but which does not conform to the provisions of this title.

means a fence with openings which represent at least 50 percent of the total surface of each five-foot linear section when viewed perpendicular to the face of the fence. (See exhibit under PMC § 17.08.220(A).)

means an attached or detached building located on the same site as a primary dwelling, designed for use by the resident(s) of the primary dwelling, having heating and/or air conditioning but having no cooking or kitchen facilities, and may not be rented or otherwise used as a separate dwelling.

means the display of goods or merchandise for sale on private property outside of a building in a manner that is incidental to and a part of the operation of the adjacent indoor use. Excluded from this definition is the accessory display of vehicles for a vehicle sales or rental business for which a business certificate has been issued.

means a legally established permanent storage and/or sales area that is not intended to be visible for advertising purposes.

means that area of a public street that lies between the curb and sidewalk or between the sidewalk and the property line of the adjacent property owner, which is used for planting purposes.

means two or more dwelling units, including dwelling units in developments commonly known as town or row-housing, condominiums and cluster housing, together with related land, buildings and structures, planned and developed as a whole in a single development operation or a programmed series of operations in accordance with detailed, comprehensive plans encompassing such elements as the circulation pattern and parking facilities, open space, utilities, and lots or building sites, together with a program for provision, operation and maintenance of all areas, improvements, facilities and services provided for common use of the residents thereof.

includes chickens, hens, roosters, turkeys, ducks, geese, game birds, and other animals similar in size, weight, or appearance.

means a strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer and other public uses.

means tennis courts, paddle tennis courts, and other similar uses as determined by the Development Services Director, which are available for use by persons who do not reside in the project (includes membership clubs).

means a facility intended to collect used beverage containers, including glass, aluminum or steel and plastic.

means any improvement to the exterior or interior of a building that requires a building permit.

means a building within which is conducted the principal residential use permitted on the lot as provided in this title.

means a single-family dwelling and main residence.

means the external covering of a building or structure above or covering any exterior or interior vertical wall height.

means the top edge of the roof or top of the parapet, whichever forms the top line of the building silhouette.

means the same as “automobile service station.”

means the area which defines the depth of the required front yard. Said setback shall be measured from the street line or the line established by the general plan and be removed therefrom by the perpendicular distance prescribed for the front yard setback of the zone in which the property is located.

means the area which defines the width or depth of the required rear or side yard setbacks. Said setbacks shall be measured from the property line, removed therefrom by the perpendicular distance prescribed for the yard setback in the zone. Where the side or rear yard abuts a street, the distance shall be measured as set forth in the “setback front yard,” using the prescribed distance for rear yard and exterior side yard setbacks.

means any zone designed primarily for detached single-family dwellings including the residential single-family (RS) zones and the residential rural (RR) zones.

means the functional equivalent of a traditional family, whose members are an interactive group of persons jointly occupying a single dwelling unit, including the joint use of and responsibility for common areas, and sharing household activities and responsibilities, such as meals, chores, household maintenance and expenses; and where, if the dwelling unit is rented, all adult (18 years or older) residents have chosen to jointly occupy the entire premises of the dwelling unit, under a single written lease with joint use and responsibility for the premises, and the makeup of the household occupying the unit is determined by the residents of the dwelling unit rather than the landlord or property manager.

means a residential facility where individual secure rooms are intended or designed to be used, or which are used, rented or hired out, to be occupied by a one- or two-person household for sleeping purposes. Rooms generally include a sink, closet and toilet, with shower and kitchen facilities typically shared. SRO units may be rented on a weekly or monthly basis.

means a plan, prepared to scale, showing accurately and with complete dimensioning, all of the buildings, structures and uses and the exact manner of development proposed for a specific parcel of land.

means pigmy goats, pigs, goats, sheep, poultry, rabbits, miniature horses, domestic animals and other such comparably sized animals distinguished from those described as large animals.

means a parking lot sale promoting a single product sold nationwide that is part of a regional or national sales campaign required by the parent corporation of a business operating in the City. Excluded are businesses that are not nationwide and the product is not sold nationwide.

means the use of land for the quartering of 10 or more equines.

means statues and sculptures that depict products, features, items, or logos of a business excluding those items that are considered design features or complements of the overall site such as wagons, benches, hand water pumps, troughs, and other like items.

means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling next above it.

means a public thoroughfare or right-of-way or approved private thoroughfare or right-of-way determined by the City Engineer to be adequate for the purpose of access, which affords the principal means of access for abutting property including avenue, place, way, drive, land, boulevard, highway, road and any other thoroughfare, except as excluded in this title. The word “street” includes all major and secondary highways, traffic collector streets, and local streets.

means a mobile home or anything constructed or erected, building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires location on or in the ground or is attached to something having a location on or in the ground, including swimming and wading pools and covered patios, excepting paved areas, walks, tennis courts, and similar outdoor areas, and further excepting fences or walls 48 inches or less in height.

means any change in or alteration to a structure involving a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, foundations, piles, retaining walls, or similar components.

means housing occupied by a specified target population defined in Section 50675.14 of the California Health and Safety Code that has no limit on length of stay, and that is linked to on-site or off-site services that assist the resident in retaining the housing, improving his or her health status, maximizing his or her ability to live, and – when possible – work in the community. Supportive housing with up to six tenants is a residential use subject to the same regulations and procedures that apply to other residential uses of the same type in the same zone.

means outdoor sales events or promotions of a limited duration or frequency. Such events include, but are not limited to, parking lot sales, tent sales and seasonal promotional events. These events are subject to the temporary use permit requirements of PMC § 17.26.030(E).

means any business whose main intention is the sale, be it retail or wholesale, of tobacco products and their accessories.

is defined as rental housing operated under program requirements that terminate assistance to residents and recirculate the assisted unit to another eligible program recipient at some predetermined future point in time, which is not less than six months from the initial occupancy date of the recipient. Transitional housing with up to six tenants is a residential use subject to the same regulations and procedures that apply to other residential uses of the same type in the same zone.

means the purpose for which land or a building is arranged, designed or intended, or for which either land or building is or may be occupied or maintained.

means the primary purpose for which a building, structure or lot is designed, arranged or intended, or for which it may be used, occupied or maintained under this title.

means the period of time in which a sign and all its parts, portions, and materials are maintained and kept in proper repair as specified in PMC § 17.40.130(B).

means the selling of any type of goods for purpose of resale.

means any open space on the same lot with a building or dwelling group, which open space is unoccupied and unobstructed except for the projections permitted by this title.

means a space between the front yard setback and the front lot line or future street line, and extending the full width of the lot.

means a space between the rear yard setback and the rear lot line, extending the full width of the lot.

means a space extending from the front yard, or from the front yard lot where no front yard is required by this title, to the rear yard, or rear lot.

means the zoning regulations of the City.