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Poway City Zoning Code

CHAPTER 17

08 RESIDENTIAL ZONES

§ 17.08.010 Purposes.

In addition to the objectives outlined in PMC § 17.02.010, the residential zones are included in the zoning development regulations to achieve the following purposes:
A. 
To reserve appropriately located areas for family living at a broad range of dwelling unit densities consistent with the general plan and with sound standards of public health, safety and welfare;
B. 
To ensure adequate light, air, privacy, and open space for each dwelling;
C. 
To minimize traffic congestion and to avoid the overloading of public services and utilities by preventing the construction of buildings of excessive bulk or number in relation to the land area around them;
D. 
To protect residential properties from noise, illumination, unsightliness, odors, smoke and other objectionable influences;
E. 
To facilitate the provision of utility services and other public facilities commensurate with anticipated population, dwelling unit densities, and service requirements.
(Ord. 113 § 1 (Exh. A 2.0), 1983)

§ 17.08.020 RR-A through RR-C residential rural zone.

The RR-A through RR-C residential rural zone is intended as an area for very low density residential uses with minimum lot sizes of one acre and maximum densities of one unit per acre. Additional uses are permitted that are complimentary to, and can exist in harmony with, a rural residential neighborhood. Specific slope criteria shall be applied in the determination of the maximum allowable densities to achieve compatibility with the topography and public service constraints.
In order to preserve the very low density residential character of such property, no property zoned RR-A, RR-B or RR-C shall be rezoned to a zone, 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.[1]
(Ord. 113 § 1 (Exh. A 2.0), 1983; Ord. 283 § 2(B), 1988)
[1]
Editor’s Note: The second paragraph of PMC § 17.08.020 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.

§ 17.08.025 RS-1 residential single-family 1 zone.

This zone is intended for low density single-family residential land uses with a minimum lot size of one acre and maximum densities of 1.0 unit per net acre. Additional uses are permitted that are complimentary to, and can exist in harmony with, low density neighborhoods.
(Ord. 275 § 2, 1988)

§ 17.08.030 RS-2 residential single-family 2 zone.

The RS-2 residential single-family 2 zone is intended as an area for low density residential uses with minimum lot size of 20,000 square feet and maximum density of two units per net acre. Additional uses are permitted that are complementary to, and can exist in harmony with, low density neighborhoods.
(Ord. 113 § 1 (Exh. A 2.0), 1983)

§ 17.08.040 RS-3 residential single-family 3 zone.

The RS-3 residential single-family 3 zone is intended as an area for single-family residential development with minimum lot sizes of 15,000 square feet and maximum densities of three units per acre. Additional uses are permitted that are complementary to, and exist in harmony with, a residential neighborhood.
(Ord. 113 § 1 (Exh. A 2.0), 1983)

§ 17.08.050 RS-4 residential single-family 4 zone.

The RS-4 residential single-family 4 zone is intended as an area for single-family residential development on minimum lot sizes of 10,000 square feet and maximum densities of four units per acre. Additional uses are permitted that are complementary to, and can exist in harmony with, a residential neighborhood.
(Ord. 113 § 1 (Exh. A 2.0), 1983)

§ 17.08.060 RS-7 residential single-family 7 zone.

The RS-7 residential single-family 7 zone is intended as an area for single-family residential development on minimum lot sizes of 4,500 square feet and maximum densities of eight units per acre. Additional uses are permitted that are complementary to, and can exist in harmony with, a residential neighborhood.
(Ord. 113 § 1 (Exh. A 2.0), 1983; Ord. 423 (Exh. A), 1993)

§ 17.08.070 RC residential condominium zone.

The RC residential condominium zone is intended as an area for the development of residential condominiums with provisions for adequate light, air, open space and landscaped areas at a maximum density of 12 units per net acre. Additional uses are permitted that are complementary to, and can exist in harmony with, a residential condominium development.
(Ord. 113 § 1 (Exh. A 2.0), 1983)

§ 17.08.080 RA residential apartment zone.

The RA residential apartment zone is intended as an area for the development of residential apartments with provisions for adequate light, air, open space and landscaped areas at a maximum density of 20 units per net acre. Additional uses are permitted that are complementary to, and can exist in harmony with, a residential apartment development.
(Ord. 113 § 1 (Exh. A 2.0), 1983)

§ 17.08.090 Permitted and conditional uses – R zones.

The uses set out in PMC §§ 17.08.100 through 17.08.150 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.
(Ord. 113 § 1 (Exh. A 2.1), 1983; Ord. 252 § 1, 1988; Ord. 481 § 3, 1997; Ord. 773 § 4, 2015)

§ 17.08.100 Permitted and conditional uses – Residential uses.

Residential uses in residential zones shall be as follows:
Residential Uses
RR-A through C, RS-1
RS-2
RS-3
RS-4
RS-7
RC
RA
A. Single-family dwellings
P
P
P
P
P
X
X
B. Accessory dwelling unit on the same lot as a single-family or an existing multiple dwelling (see PMC § 17.08.180)
P
P
P
P
P
P
P
C. Manufactured homes certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) installed, on a foundation system pursuant to Section 18551 of the Health and Safety Code, on individual lots in accordance with PMC § 17.08.210
P
P
P
P
P
P
P
D. Mobile home parks (maximum density shall not exceed eight dwelling units per net acre or that permitted by the applicable zone, whichever is less) subject to standards described in Chapter 17.16 PMC
C
C
C
C
C
C
C
E. Group residential, including, but not limited to, boardinghouses, roominghouses, dormitories, independent living, board and care (see Chapter 17.39 PMC) (maximum living units for group residential shall not exceed 20 per acre)
X
X
X
X
X
C
C
F. Residential care facilities licensed by the State for seven to 15 residents
X
C
X
X
X
C
C
G. Multiple Dwellings:
 
1. Rental
X
X
X
X
X
P
P
2. Individual unit ownership
X
X
X
X
X
P
X
3. Condominium conversions
X
X
X
X
X
C
X
H. Family day care home, as defined in Section 1596.78 of the California Health and Safety Code, in single-family detached dwellings:
1. Small family day care home
P
P
P
P
P
P
P
2. Large family day care home
P
P
P
P
P
P
P
I. Marijuana: dispensaries, collectives and cooperatives, cultivation, delivery, manufacturing and storage as defined in PMC § 17.04.514
X
X
X
X
X
X
X
J. Homeless shelters
X
X
X
X
X
X
P
(Ord. 113 § 1 (Exh. A 2.1(A)), 1983; Ord. 144 § 3, 1984; Ord. 162 § 1, 1985; Ord. 164 § 1, 1985; Ord. 225 § 1, 1987; Ord. 252 § 1, 1988; Ord. 275 § 2, 1988; Ord. 288 § 1, 1989; Ord. 292 § 1, 1989; Ord. 293 § 1, 1989; Ord. 307 § 2, 1989; Ord. 578 § 3, 2003; Ord. 674 § 4, 2008; Ord. 736 § 5, 2012; Ord. 785 § 5, 2016; Ord. 805 § 4, 2017; Ord. 808 § 5, 2017; Ord. 820 § 8, 2018; Ord. 821 § 6, 2018; Ord. 837 § 11, 2019)

§ 17.08.110 Permitted and conditional uses – Animal and agricultural uses.

Animal and agricultural uses in residential zones shall be as follows:
Animal and Agricultural Uses
RR-A through C, RS-1
RS-2
RS-3
RS-4
RS-7
RC
RA
A. All types of horticulture
P
P
P
P
P
P
P
B. 4-H or FFA animal raising and/or keeping in accordance with PMC § 17.26.030(I)
P
P
P
P
P
P
P
C. The wholesaling of products raised on the premises, only when said property is two acres or greater in size
P
P
P
P
P
P
P
D. Keeping of large animals in accordance with Chapters 17.32 and 17.33 PMC land must be vacant in zones RC and RA):
1. At densities specified in 17.32.010(B):
a. Fewer than 10 animals total
P
P
P
P
P
P
P
b. Ten to 19 animals total
M
M
M
M
M
M
M
c. Twenty or more animals total
C
C
C
C
C
C
C
2. On parcels greater than one acre, at densities greater than specified in 17.32.010(B)
C
C
C
C
C
C
C
3. After 90 days from the effective date of the ordinance codified in this subsection, no minor conditional use permit nor conditional use permit shall be granted for the keeping of 10 or more animals except in the RR-A and RR-B zones or where an application for such a minor conditional use permit or conditional use permit had been submitted and found to be complete prior to 90 days from the effective date of the ordinance codified in this subsection
4. For purposes of determining the need for a minor conditional use permit or conditional use permit, the total shall include all animals kept on contiguous parcels, where the parcels are owned in whole or in part by the same person or persons, or, where the animals, or any of the facilities for the animals, are maintained or operated in whole or in part by the same person or persons
E. Keeping of small animals in accordance with PMC § 17.32.020 (land must be vacant in zones RC and RA)
P
P
P
P
P
P
P
F. Keeping of dogs and cats over the age of four months as follows:
1. Up to three dogs and up to three cats
P
P
P
P
P
P
P
2. Up to six dogs and up to six cats
P
P
X
X
X
X
X
G. Kennels (in accordance with Chapter 17.34 PMC)
C
C
C
X
X
X
X
H. The keeping of wild, exotic or nondomestic animals
M
X
X
X
X
X
X
I. Large animal hospital
C
X
X
X
X
X
X
J. Keeping of beehives:
1. One to three beehives
P
M
X
X
X
X
X
2. Four or more beehives
M
M
X
X
X
X
X
K. The raising of earthworms provided:
1. The area devoted to the raising of earthworms shall not exceed 10 percent of the minimum lot size permitted in the zone;
2. The area devoted to the raising of earthworms shall be no closer than 50 feet from any adjoining residential dwelling; and
P
P
M
M
X
X
X
3. The operation shall be fully enclosed or in an enclosed structure
L. Marijuana: dispensaries, collectives and cooperatives, cultivation, delivery, manufacturing and storage as defined in PMC § 17.04.514
X
X
X
X
X
X
X
(Ord. 113 § 1 (Exh. A 2.1(B)), 1983; Ord. 252 § 1, 1988; Ord. 275 § 2, 1988; Ord. 432 § 2, 1994; Ord. 438 § 2, 1994; Ord. 674 § 5, 2008; Ord. 736 § 6, 2012; Ord. 785 § 6, 2016; Ord. 808 § 6, 2017)

§ 17.08.120 Permitted and conditional uses – Public and semipublic uses.

Public and semipublic uses in residential zones shall be as follows:
Public and Semipublic Uses
RR-A through C, RS-1
RS-2
RS-3
RS-4
RS-7
RC
RA
A. Child care centers other than family day care homes
C
C
C
C
C
C
C
B. Convalescent homes on sites two net acres or greater in size (see PMC § 17.08.180(I)) (requires compliance with Titles 22 and 24 of the Uniform Building Code)
X
X
X
X
X
C
C
C. Churches, convents, monasteries and other religious institutions
C
C
C
C
C
C
C
D. Essential public services including but not limited to libraries, museums, public parks and recreational facilities, safety services facilities, clubs, lodges, and other civic uses
C
C
C
C
C
C
C
E. Educational institutions, public or private schools not including art, business or trade schools and colleges
C
C
C
C
C
C
C
F. Public utility and public service substations, reservoirs, pumping plants, and similar installations, not including public utility offices
C
C
C
C
C
C
C
G. Private recreational facilities including but not limited to country clubs, tennis and swim clubs, golf courses and racquetball and handball, YMCA, YWCA, and other uses determined to be similar by the Director of Development Services. (See Chapter 17.35 PMC.) Limited commercial uses which are commonly associated and directly related to these primary uses may be permitted
C
C
C
C
C
C
C
H. Recreational courts, including but not limited to, tennis, paddle tennis and other similar uses determined by the Development Services Director (see Chapter 17.30 PMC)
P
P
P
P
P
P
P
I. Marijuana: dispensaries, collectives and cooperatives, cultivation, delivery, manufacturing and storage as defined in PMC § 17.04.514
X
X
X
X
X
X
X
(Ord. 113 § 1 (Exh. A 2.1(C)), 1983; Ord. 144 § 4, 1984; Ord. 162 § 1, 1985; Ord. 206 § 1 (Exh. A), 1986; Ord. 221 § 1, 1987; Ord. 232 § 1, 1987; Ord. 252 § 1, 1988; Ord. 275 § 2, 1988; Ord. 292 § 2, 1989; Ord. 518, 1999; Ord. 736 § 7, 2012; Ord. 785 § 7, 2016; Ord. 808 § 7, 2017)

§ 17.08.130 Permitted and conditional uses – Home occupations.

Home occupation uses in residential zones shall be as follows:
Home Occupations
RR-A through C, RS-1
RS-2
RS-3
RS-4
RS-7
RC
RA
A. Home occupations subject to the provisions of Chapter 17.28 PMC
P
P
P
P
P
P
P
B. Marijuana: dispensaries, collectives and cooperatives, cultivation, delivery, manufacturing and storage as defined in PMC § 17.04.514
X
X
X
X
X
X
X
(Ord. 113 § 1 (Exh. A 2.1(D)), 1983; Ord. 275 § 2, 1988; Ord. 736 § 8, 2012; Ord. 785 § 8, 2016; Ord. 808 § 8, 2017))

§ 17.08.140 Permitted and conditional uses – Accessory uses.

Accessory uses in residential zones shall be as follows:
Accessory Uses
RR-A through C, RS-1
RS-2
RS-3
RS-4
RS-7
RC
RA
A. Accessory structures and uses located on the same site as a permitted use
P
P
P
P
P
P
P
B. Accessory structures and uses located on the same site as a conditional use
M
M
M
M
M
M
M
C. Unlighted private recreational courts including but not limited to tennis, paddle tennis, and other uses determined to be similar by the Development Services Director (see Chapter 17.30 PMC)
P
P
P
P
P
P
P
D. Private recreational courts with exterior lighting including but not limited to tennis, paddle tennis and other uses determined to be similar by the Development Services Director (see Chapter 17.30 PMC)
M
M
M
M
M
M
M
E. “Seatainers”
M
M
M
M
M
M
M
F. Marijuana: dispensaries, collectives and cooperatives, cultivation, delivery, manufacturing and storage as defined in PMC § 17.04.514
X
X
X
X
X
X
X
G. Amateur radio antenna installations
P*
P*
P*
P*
P*
P*
P*
H. Agricultural worker housing
P
P
P
P
P
P
P
Notes:
* Subject to the regulations contained in Chapter 17.31 PMC.
(Ord. 113 § 1 (Exh. A 2.1(E)), 1983; Ord. 206 § 1 (Exh. A), 1986; Ord. 252 § 1, 1988; Ord. 275 § 2, 1988; Ord. 490 § 2(1), 1997; Ord. 518, 1999; Ord. 674 § 6, 2008; Ord. 736 § 9, 2012; Ord. 771 § 1, 2014; Ord. 785 § 9, 2016; Ord. 805 § 5, 2017; Ord. 808 § 9, 2017)

§ 17.08.150 Permitted and conditional uses – Temporary uses.

Temporary uses in the residential zones shall be as follows:
Temporary Uses
RR-A through C, RS-1
RS-2
RS-3
RS-4
RS-7
RC
RA
A. Temporary uses as prescribed in Chapter 17.26 PMC
P
P
P
P
P
P
P
B. Marijuana: dispensaries, collectives and cooperatives, cultivation, delivery, manufacturing and storage as defined in PMC § 17.04.514
X
X
X
X
X
X
X
(Ord. 113 § 1 (Exh. A 2.1(F)), 1983; Ord. 275 § 2, 1988; Ord. 736 § 10, 2012; Ord. 785 § 10, 2016; Ord. 808 § 10, 2017)

§ 17.08.160 Property development standards – General requirements.

The following requirements in residential zones are the minimum unless otherwise stated:
General Requirements
RR-A through C, RS-1
RS-2
RS-3
RS-4
RS-7
RC
RA
A. Density - Maximum dwelling units per acre
0.025 - 1.0 (see PMC § 17.08.170 (A)(3))
2.0
3.0
4.0
8.0
12.0
20.0
B. Net lot area (in square feet, unless otherwise noted)
40 acres - 1 acre (see PMC § 17.08.170 (A)(3))
20,000
15,000
10,000
4,500
2 acres
3 acres
C. Lot width (in feet)
 
1. Unless otherwise specified below
110
100
80
70
50
135 corner
165 interior
135 corner
165 interior
2. Cul-de-sac or unusually shaped lot
30
30
30
30
30
-
-
3. Flag lot
20
20
20
20
20
-
-
D. Lot depth (in feet)
150
150
100
100
80
135 corner
165 interior
135 corner
165 interior
E. Front yard setback (in feet)
40
30
25
25
18
20
20
F. Side yard setback, interior, each side (in feet)
20/20
15/15
10/10
10/10
5/51
0/102
15/15
15/15
G. Side yard setback, street side (in feet)
20
15
10
10
10
20
20
H. Rear yard setback (in feet)
50
40
40
25
20
15
15
I. Lot coverage, maximum (in percentage)
35
35
35
35
50
50
50
J. Building and structure height (maximum in feet)
35 feet or 2 stories, whichever is less, or as expressly authorized pursuant to an adopted specific plan. Amateur radio antenna installations are subject to the height and other regulations contained in Chapter 17.31 PMC.
K. Parking spaces per unit (garages are required in all residential zones except the RA zone)
2
2
2
2
2
3
4
L. Distance between buildings that do not exceed 15 feet in height (in feet)
-
-
-
-
-
15
15
M. Distance between buildings, where one or more exceeds 15 feet in height (in feet)
-
-
-
-
-
25
15
Notes:
1
The 5/5 interior side yard setback in the RS-7 zone shall only apply to properties that are not part of a planned development approved with a 0/10 or zero lot line interior side setback development standard.
2
The 0/10 interior side yard setback in the RS-7 zone shall only apply to planned developments that are approved with a 0/10 or zero lot line interior side setback development standard.
3
1.75 spaces (1 garage)/1 bedroom unit; 2.25 spaces (1 carport)/2 bedroom unit; 3.00 spaces (2 garages)/3 bedroom or larger unit.
4
1.5 spaces (1 carport)/1 bedroom unit; 2.25 spaces (1 carport)/2 bedroom unit; 2.75 spaces (1 carport)/3 bedroom or larger unit.
(Ord. 113 § 1 (Exh. A 2.2(A)), 1983; Ord. 162 § 1, 1985; Ord. 232 § 1, 1987; Ord. 267 § 2(1), 1988; Ord. 275 § 2, 1988; Ord. 423 (Exh. A), 1993; Ord. 481 § 3, 1997; Ord. 674 § 7, 2008; Ord. 771 § 2, 2014)

§ 17.08.170 Property development standards – Additional requirements.

A. 
Minimum Lot Size and Dimensions.
1. 
Any legal lot may be used as a building site if the proposed use is permitted in the zone and all grading requirements set forth in the comprehensive plan and the Poway Municipal Code are strictly satisfied without variance; provided, that no building permit shall be issued for a lot of a size less than 4,000 square feet.
2. 
Flag lots shall meet the minimum lot dimension requirements in the “flag” portion of the lot. The flag pole portion of a flag lot shall not be counted toward the minimum lot area requirement.
3. 
Slope calculations and the density potential which results from such calculations under the provisions of this title are matters requiring technical engineering expertise and are ministerial, not discretionary, in nature. In the RR-A through RR-C and RS-1 zones, slope calculations shall be based on the measured rise over run calculations of a topographic map of the property prepared in accordance with the standards set forth in this section by a registered civil engineer retained by the applicant. The standards and procedures for slope calculation shall be adopted by resolution and contained in the public counter handout titled: “City of Poway Slope Calculation Standards and Procedures,” a copy of which shall be available at the City of Poway Development Services Department. The standards and procedures shall be subject to amendment by further resolution. A violation of the standards and procedures for slope calculation adopted by resolution shall be deemed a violation of the ordinance codified in this subsection. To compute slope, the following formula shall be used:
(CL x I x S)
NA
Where:
CL = Length of contours
I = Contour interval
S = Scale of map
NA = Net area in square feet
The average slope of each parcel shall be consistent with the slope requirement for the total site. The City may retain, at the applicant’s cost, a registered civil engineer to verify the calculations of the applicant’s engineer and to ascertain whether or not the calculations were made in accordance with the standards set forth in this section. In the event that the civil engineer retained by the City determines that the calculations were made in accordance with the standards set forth in this section, the City shall accept the calculations as accurate. In the event that the civil engineer retained by the City determines that the calculations were not made in accordance with the standards set forth in this section, the City shall not accept the calculations as accurate. No application for development of property which requires slope calculations shall be deemed complete until the Director of Development Services has accepted the slope calculation.
The slope criteria and minimum parcel sizes for property zoned RR-A, RR-B and RR-C shall not be modified to permit increased density or rescinded unless and until such modification or rescission 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.[1]
Lot sizes for properties zoned RR-A, RR-B, RR-B2, RR-C or RS-1 shall be as follows:
Slope Criteria and Minimum Parcel Size for Properties Zoned RR-A, RR-B, RR-B2, RR-C and RS-1
ZONE
SLOPE (Percent)
DENSITY
Parcels served by City water1
Parcels not served by City water
RR-A
0 - 15
1 parcel per four net acres
1 parcel per 20 net acres
15 - 25
1 parcel per eight net acres
1 parcel per 20 net acres
25 - 45
1 parcel per 20 net acres
1 parcel per 40 net acres
45 +
No credit
No credit
RR-B
0 - 15
1 parcel per two net acres
Requires City water
15 - 25
1 parcel per four net acres
25 - 45
1 parcel per eight net acres
45 +
No credit
No credit
RR-B2 (Within High Valley Area)
No slope criteria
1 parcel per two net acres2
City water not required
RR-C
RS-1
0 - 15
1 parcel per one net acre
Requires City water
15 - 25
1 parcel per two net acres
25 - 45
1 parcel per four net acres
45 +
No credit
No credit
Notes:
1
City water is defined as water provided through the City’s public water system.
2
Within the High Valley Area, all lots prepared for division less than eight net acres in size shall include a minimum of one contiguous net acre building site with an average slope of less than 25 percent. The building site shall be logically located in regard to access consistent with City ordinances and policies and the preservation of significant natural resources such as watercourses, significant tree stands, rock outcroppings or ridgelines.
[1]
Editor’s Note: This paragraph of PMC § 17.08.170(A) was added by Ordinance No. 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.
4. 
The ratio of the depth of a lot to the width of a lot shall not exceed a maximum ratio of 3:1. If that ratio is exceeded, the lot shall be deemed an unusually shaped lot. Unusually shaped lots may only be allowed within the RR-A through RR-C and RS-1 zones and only where the City Council, in its discretion, finds that unusually shaped lots are necessary to ensure the preservation of unique topographic features, riparian woodland areas and other areas of significant community importance as open space. This development standard shall apply to all lots proposed to be created by the subdivision or parcel map process.
5. 
Lot averaging in the RR-A through RR-C and RS-1 zones may be utilized at the time of subdivision consideration. The purpose of lot averaging is to ensure the preservation of unique topographic features, riparian woodland areas and other features of significant community importance as open space. The words “This is a lot-averaged subdivision” shall appear on the face of the map. The method of design for a lot-averaging subdivision is as follows:
a. 
The density of development (number of available lots) is calculated as described in subsection (A)(3) of this section;
b. 
The area(s) to be left as open space is determined;
c. 
The available lots are distributed within the remaining area of the property with no lot to have an area less than the minimum lot size permitted within that zone;
d. 
None of the lots, including the open space lot(s), can be further divided, and a covenant to that effect shall be recorded against the property and in favor of the City;
e. 
Submittal of an acceptable standard subdivision design.
6. 
The lot averaging provisions of the Poway Municipal Code shall not be modified to permit increased density or rescinded unless and until such modification or rescission 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.[2]
[2]
Editor’s Note: This paragraph of PMC § 17.08.170(A) was added by Ordinance No. 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.
B. 
Required Setbacks.
1. 
Street setbacks shall be measured from the ultimate street right-of-way or the maximum required street width if said street is proposed to be private or is now a private street.
2. 
Each lot or parcel on a cul-de-sac, curved street or dead-end street shall meet the minimum lot width requirement at the required front setback of the zone except for the RC and RA zones (see example below).
3. 
Public and Semipublic Buildings and Uses. For public and semipublic buildings and uses, a minimum 50-foot setback shall be maintained from any adjacent single-family residential zone. In addition, a six-foot-high fence is required along an interior side or rear yard that is adjacent to a single-family residential zone, unless a parking lot is located within 75 feet of said property lines. In those instances, a six-foot-high decorative masonry wall shall be provided. For churches and other religious institutions, which for the purposes of this title are defined as structures which are primarily for religious worship and related religious activities, fences and walls may be eight feet in height pursuant to PMC § 17.08.240(K). Fifteen-gallon trees planted 20 feet on-center and shrubbery shall be installed and maintained along the inside of the required fence or wall in a five-foot-wide landscape planter to provide a dense landscape screen. The City Council may waive or modify the fence or wall requirement if both properties contain a public or semipublic use or building.
4. 
Where a portion of a main residence is nonconforming in terms of current rear yard and/or side yard setbacks, the existing distance from the side or rear lot line established by the nonconforming portion of the building shall be used as the required setback distance for any additions to that building in the side yard and rear yard areas.
5. 
In situations where a rural residential or single-family residential lot is so irregular, as to prohibit or unduly restrict the construction of a single-family dwelling, within the required setbacks noted in this title, the Director of Development Services shall have the authority to alter the setback locations, i.e., front, side and rear yards, to enable the property owner to enjoy the same privileges as those enjoyed by other property owners in the same area.
6. 
Additions to the Main Residence. Additions to the main residence shall be allowed to encroach into the required rear yard setback up to one-half the distance but shall otherwise comply with the development standards contained in PMC § 17.08.160.
C. 
Lot Coverage.
1. 
Lot coverage shall include all buildings, carports, structures and accessory buildings and structures except that patio covers, open on three sides, pools, spas and freestanding open air gazebos and patios shall not be counted.
D. 
Driveway Requirements.
1. 
Each building site shall have a minimum 20-foot-wide vehicular access to a street.
2. 
Driveway and other concrete or asphalt concrete areas available for parking shall not exceed 50 percent of the required front yard area.
3. 
Driveways serving one or two parcels in residential zones shall be constructed subject to the following standards:
Zones
Max. Grade Break*
Max. Slope
Min. 0 - 15%
Surfacing 15 - 25%
Width
RS-3
RS-4
RS-7
RC
RA
14% (minimum tangent length - 10')
20%***
6" P.C.C.
6" P.C.C.
Min. 12 feet
Max. 30 feet
RS-1
RS-2
RR-A
RR-B
RR-C
14%
20%***
2" A.C.**
6" P.C.C.
Min. 12 feet
Max. 30 feet
Notes:
*
Vertical curve (min. 50 feet long) can be utilized with approval of the City Engineer.
**
For slopes between 1% and 10%, gravel may be used based upon the following specifications:
 
a.
The native soil must have a minimum R-value of 50 and minimum sand equivalency of 20.
 
b.
Scarify and compact the top 12" of subgrade to 95% relative compaction. Over subgrade, compact the specified amount of Class II base to 95%, based upon the following table:
 
R-Value
Inches of Base
 
50
6"
 
60
5"
 
68
4"
 
75
3"
 
80 and over
None
 
c.
Drainage improvements and culverts must be installed to the satisfaction of the City Engineer.
***
Slopes in excess of 20% may be approved for very limited distances where topographic or geologic constraints prohibit compliance with the standard. In no case shall road and driveway slopes exceed 25%. Modification of the slope standard is subject to the approval of the Fire Marshal and the Director of Development Services.
 
Additional grading required to meet the 20% slope road and driveway standard shall not count against the maximum graded area permitted by the general plan. To achieve a grading allowance, the applicant will be required to prepare two concept grading plans, one denoting the 25% or less driveway and the other a 20% or less driveway slope. The difference in the amount of graded area between the two concept grading plans would not be counted toward the maximum graded area. If the quantity of material graded to achieve the 20% slope exceeds the maximum allowable graded area for the lot by less than 20%, the Director of Development Services may approve the additional grading. If the quantity of material graded to achieve the 20% slope exceeds the maximum allowable graded area for the lot by 20% or more, approval by the City Council is required. In either case, the quantity of material that may exceed the maximum graded area is limited to only the quantity of material necessary to reduce the road or driveway slope from a maximum of 25% to 20%.
E. 
Miscellaneous.
1. 
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 utility 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. The requirement for undergrounding existing utilities shall not apply to any over-head power transmission lines in excess of 34.5 kV 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.
2. 
Energy Conservation. Buildings shall be located on the site to provide adjacent buildings adequate sunlight for solar access. The location of a solar collector shall comply with the accessory building setback regulations. All new construction and remodeling shall be pre-plumbed for solar hot water heating. Buildings shall be designed to minimize energy consumption requirements, including, but not limited to, the following conservation measures:
a. 
Cogeneration;
b. 
South-facing windows;
c. 
Eave coverage for windows;
d. 
Double-glazed windows;
e. 
Earth berming against exterior walls;
f. 
Greenhouses; and
g. 
Deciduous shade trees.
3. 
All convalescent homes and/or hospitals shall be limited to areas with natural slopes of 10 percent of less.
4. 
All development in the floodplain shall be in accordance with the National Flood Insurance requirements and local ordinance.
5. 
Architectural appurtenances to churches and other religious institutions involving a steeple, or cross, or the combination thereof, and clock towers and similar design elements on commercial 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.
6. 
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.
7. 
Conversions of existing garages into habitable space is permitted only when replaced with the equivalent covered parking as required by PMC § 17.08.160(K) or such that was provided at the time the dwelling was constructed, whichever is less.
(Ord. 113 § 1 (Exh. A 2.2(B), 2.4), 1983; Ord. 136, 1984; Ord. 162 § 1, 1985; Ord. 232 § 1, 1987; Ord. 267 § 2(8), 1988; Ord. 272 § 2, 1988; Ord. 275 § 2, 1988; Ord. 280 § 2, 1988; Ord. 283 § 2(C), (D), 1988; Ord. 450 § 3, 1995; Ord. 481 § 3, 1997; Ord. 518, 1999; Ord. 538 §§ 2, 3, 2001; Ord. 549 § 2, 2001; Ord. 621 § 2, 2005; Ord. 674 §§ 8, 9, 10, 2008; Ord. 679 § 3, 2008; Ord. 685 § 2, 2009; Ord. 831 § 3, 2019; Ord. 837 § 12, 2019)

§ 17.08.180 Accessory buildings and structures.

An accessory building or structure, attached to or detached from the main residence, shall be located on a lot that contains a main residence and shall comply with the setback, height and lot coverage requirements as contained in PMC § 17.08.160 except as provided in this section. No accessory building or structure shall attach to a main residence unless setbacks for the main residence are complied with for all structures to be attached.
A. 
Accessory Dwelling Units and Junior Accessory Dwelling Units. The purpose of this subsection is to provide regulations for the establishment of an accessory dwelling unit (ADU) or a junior accessory dwelling unit (JADU) and to define an approval process for such units.
1. 
No ADU or JADU shall be constructed or maintained without the approval of a building permit in accordance with PMC Title 15 and full compliance with the standards identified within this section.
2. 
Either one ADU or one JADU shall be permitted per main single-family residence or both may be permitted on a single lot provided both units meet the requirements set forth in Government Code Sections 65852.2(e)(1)(A) and (B), including, but not limited to, the following:
a. 
The ADU shall be detached, shall not exceed 16 feet in height and shall not exceed 800 square feet in floor area; and
b. 
The JADU shall be located within a proposed or existing main single-family residence or an existing accessory structure and may include not more than 150 square feet beyond the same physical dimensions of the existing accessory structure and shall accommodate ingress and egress including exterior access from the proposed or existing single-family dwelling. The JADU shall comply with requirements of Government Code Section 65852.22 including, but not limited to, that either the JADU or the main single-family residence shall be owner-occupied.
Multiple ADUs are permissible on a lot that has an existing multiple dwelling and is zoned for residential or mixed use in accordance with Government Code Section 65852.2(e)(1). A single-family dwelling or multiple dwelling is required for an ADU and/or JADU to be permitted.
3. 
An ADU or JADU may be rented separate from the main residence but may not be sold or otherwise conveyed separate from the main residence.
4. 
Lots which contain an ADU or JADU shall not be further subdivided if the subdivision will result in a detached ADU or main residence being located on a lot containing less than the minimum net area required by the zoning of the property.
5. 
The ADU may be either detached or attached. A detached ADU shall be located at least 10 feet from the main residence or other detached accessory building. Attached to the main residence requires a roof attachment equal to the width of the structure to be attached and shall not be greater than 10 feet from the main residence, excluding eaves. The roof of the structure to be attached shall match the eave widths and roofing materials, color and style of the main residence.
6. 
The ADU or JADU shall comply with the height requirements as contained in PMC § 17.08.160, except that an ADU shall be limited to one story and shall not exceed 16 feet above the average grade; however, an ADU or JADU in compliance with the required setbacks for the main residence shall not exceed the height of the main residence and shall be permitted to be at or below the maximum allowable height for the main residence.
7. 
The ADU or JADU shall be similar and compatible to the main residence in exterior color, architectural style, window treatments and siding and roof materials.
8. 
The floor area of the ADU and an JADU shall be permitted as follows:
a. 
The floor area of an attached ADU shall not exceed 50 percent of the floor area contained in the main residence (not including garage area) or 1,500 square feet, whichever is less. The attached ADU, however, shall not be required to contain less than 1,000 square feet for an ADU that provides more than one bedroom and less than 850 for an ADU that provides no bedrooms unless this is necessary to meet setback requirements.
b. 
The floor area of a detached ADU shall not exceed 50 percent of the floor area contained in the main residence (not including garage area) or 1,500 square feet, whichever is less. The detached ADU, however, shall not be required to contain less than 1,200 square feet unless this is necessary to meet setback requirements.
c. 
The floor area of a JADU shall not exceed 500 square feet, shall be attached to the main single-family residence and the JADU shall meet requirements in Government Code Sections 65852.2 and 65852.22.
9. 
An existing legally permitted garage, accessory structure or portions of an existing main single-family residence may be converted to an ADU or JADU or all or portions thereof may be demolished and replaced with an ADU or JADU within the same building footprint regardless of its location on the lot.
10. 
A minimum setback of four feet from the side and rear lot lines shall be required for an ADU or JADU, except that an addition to a structure not exceeding 150 square feet to accommodate an ADU or JADU may encroach into this side or rear setback provided that all of the following conditions are met:
a. 
Ingress and egress to the ADU or JADU is accommodated;
b. 
A minimum four-foot setback from the side and rear property line is provided within a very high fire hazard area (VHFHA);
c. 
Exterior access is provided; and
d. 
The JADU complies with all requirements applicable to a JADU in accordance with Government Code Section 65852.22.
11. 
One off-street parking space shall be provided for the ADU, which may be provided as tandem parking on a driveway and shall be permitted in setback areas unless the Director of Development Services or the Director’s designee makes specific findings that parking in setback areas or tandem parking is not feasible based upon specific site topography or fire and life safety conditions. No off-street parking shall be required in any of the following instances:
a. 
The ADU is located one-half mile walking distance of a public transit stop.
b. 
The ADU is located within an architecturally and historically significant historic district.
c. 
The ADU is part of the existing main residence or an existing accessory structure.
d. 
The ADU is located in an area of the City where on-street parking permits are required but not offered to the occupant of the ADU.
e. 
The ADU is located within one block of a car-share vehicle’s pick-up location, as established by the City.
f. 
The creation of a JADU that meets requirements in Government Code Sections 65852.2 and 65852.22.
12. 
If an existing garage or carport is converted to an ADU or JADU or demolished in conjunction with the construction of an ADU or JADU, the parking spaces shall not be required to be replaced.
13. 
For a main single-family residence with a JADU, either the main single-family residence or the JADU must be occupied by the owner of the property at all times that either unit is held out for rent, pursuant to Government Code 65852.22(a)(2).
14. 
The main residence, ADU or JADU shall only be used for rental of terms longer than 30 days.
15. 
Development impact fees required for an ADU shall not exceed 50 percent of the total development impact fees applicable to a new single-family dwelling. Development impact fees required for a JADU or ADU less than 750 square feet shall not be required.
16. 
An ADU or JADU shall not be considered a new residential unit for purposes of calculating water and sewer connection fees or capacity charges. However, the property owner may request a new or separate utility connection directly between the ADU or JADU and the utility. The connection shall be subject to a connection fee or capacity charge as established by the City Council for other residential service connections only if the ADU is constructed with a new single-family dwelling; provided, however, that this fee or charge shall not exceed the reasonable cost of providing this service.
17. 
An ADU or JADU shall not be required to provide fire sprinklers if they are not required for the main single-family residence unless the ADU exceeds 1,200 square feet in floor area.
18. 
The City may offer incentives to encourage development of accessory dwelling units. If an owner of an ADU elects to file a 30-year deed restriction to rent the unit to a lower-income household, the City may consider waiving fees (including waiving the inclusionary housing in-lieu fee), reducing parking or other development standards, or approving other forms of assistance. Receipt of such incentives shall require the owner to:
a. 
Rent the accessory dwelling unit to a lower-income household, as defined annually by the State Department of Housing and Community Development, at a rate that shall not exceed an amount which is equal to 30 percent of the gross monthly income of a low-income household, at 80 percent of the San Diego County median income, adjusted for household size.
b. 
File an agreement with the City’s Development Services Department documenting the household’s eligibility to occupy the accessory unit.
c. 
Record a deed restriction specifying the property restrictions on the accessory dwelling unit for the 30-year term.
d. 
Assign and record the deed restriction using a form of assignment and assumption approved by the Director of Development Services in the event that the property is transferred or sold.
19. 
In conjunction with the construction of an ADU or a JADU, the correction of legal nonconforming zoning conditions as defined in PMC § 17.44.020 shall not be required.
This subsection shall not be considered in the application of any local ordinance, policy or program to limit residential growth.
B. 
Other Habitable Accessory Buildings. Habitable accessory buildings, excluding accessory dwelling units and junior accessory dwelling units, may be located on the same lot as an existing single-family dwelling and shall comply with the following standards:
1. 
The habitable accessory building may be either attached to or detached from the main residence. A detached habitable accessory building shall be at least 10 feet from the main residence or other detached accessory building.
2. 
A habitable accessory building is limited to one room and may contain a separate bathroom, a bar fridge and/or a bar sink but may not contain other cooking or kitchen facilities. A habitable accessory building must have heating.
3. 
The habitable accessory building shall comply with the setback, height and lot coverage requirements of PMC § 17.08.160.
4. 
The habitable accessory building shall be similar and compatible to the main residence in architectural style and materials.
5. 
The floor area of the habitable accessory building shall not exceed 25 percent of the floor area contained in the main residence (not including garage area) or 1,500 square feet, whichever is less. However, a habitable accessory building shall not be required to contain less than 500 square feet unless this is necessary to meet lot coverage or setback requirements.
6. 
The habitable accessory building shall never be rented or leased as a separate unit. A deed restriction stating these limitations shall be recorded with the County Recorder.
7. 
The combined total area of all habitable accessory structures on a lot, including an ADU or JADU, shall not exceed 50 percent of the floor area of the main residence (not including the garage area) or 1,500 square feet, whichever is less.
C. 
Detached Nonhabitable Accessory Buildings. Detached nonhabitable accessory buildings with a projected roof area that exceeds 120 square feet shall comply with the following:
1. 
Size. On lots less than two net acres in size, a detached nonhabitable accessory building shall not be greater than 50 percent of the gross floor area of the living space of the main residence on the lot. A garage with a gross floor area no greater than 600 square feet is permitted regardless of the living space of the main residence, if no other garage is located on the lot. On lots two net acres or more in size, the size limits for nonhabitable accessory buildings and garages do not apply.
2. 
Height and Setbacks. A detached nonhabitable accessory building shall meet all of the required setbacks, height and lot coverage requirements contained in PMC § 17.08.160, except that a building that is limited to one story and does not exceed 16 feet above the average grade may be allowed to encroach into the required rear and interior side yard setbacks as follows, provided the overall lot coverage is not exceeded:
a. 
Rear Yard Setback. Located no closer than five feet from the rear property line, excluding a maximum two-foot eave overhang, and at least 10 feet from the main residence or other detached accessory building.
b. 
Interior Side Yard Setback. Located no closer than five feet from the interior side property line, excluding a maximum two-foot eave overhang, and detached at least 10 feet from the main residence or other detached accessory building and within the rear yard area only.
3. 
A deed restriction stating that the accessory building will not be habitable, rented or leased as a separate unit, and no kitchen facilities will be installed, shall be recorded with the County Recorder.
D. 
Detached buildings with a projected roof area less than 120 square feet may be located anywhere on a single-family residential lot, except within the front and street side yard areas, provided the eaves do not overhang the adjacent property. These buildings shall not exceed eight feet in height. Detached buildings shall be separated from other buildings by 10 feet minimum.
E. 
1. 
Canopies, patio covers, carports, breezeways, and other similar accessory buildings and structures as determined by the Director of Development Services, which are attached to the main residence or connecting the main residence 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 comply with all of the following:
a. 
Height. Shall not exceed 16 feet in height.
b. 
Interior and Rear Yard Setback. Shall be located at least five feet from an interior side yard and at least 10 feet from the rear lot line.
c. 
Front and Street Side Yard Setback. Shall comply with the setbacks of the main residence.
d. 
Design. Shall be entirely open on at least three sides except for necessary supporting columns. A roof connecting a main residence and an accessory building, such as a breezeway, shall be open on two sides.
e. 
Eaves. May project one-half the distance into the required setback.
2. 
Canopies, patio covers, carports, gazebos, breezeways, and other similar accessory buildings and structures as determined by the Director of Development Services which are detached from the main residence may extend into a required rear or interior side yard; provided, that portions of such structures extending into the yard comply with all of the following:
a. 
Height. Shall not exceed 16 feet in height.
b. 
Interior and Rear Yard Setback. Shall be located at least five feet from an interior side yard and rear lot lines.
c. 
Front and Street Side Yard Setback. Shall comply with the setbacks of the main residence.
d. 
Design. Shall be entirely open on at least three sides for patios and canopies except for necessary supporting columns.
e. 
Eaves. May project one-half the distance into the required rear or side yard setback.
f. 
Building Setback. Shall observe a minimum 10 feet from the residence or other detached accessory structure.
F. 
Porches, steps, architectural features such as eaves, awnings, and chimneys, and 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 interior or street side yard setback more than one-half of said required side yard setback.
G. 
Swimming pools or spas, including mechanical equipment, diving boards, slides and similar devices, shall be located a minimum of three feet from the main residence on the lot and at least five feet from the side and rear property lines and shall comply with all fencing requirements of PMC § 8.52.050. In no instances shall swimming pools or spas be located within the front yard setback.
(Ord. 481 § 3, 1997; Ord. 518, 1999; Ord. 578 § 2, 2003; Ord. 679 § 4, 2008; Ord. 773 §§ 2, 3, 2015; Ord. 820 §§ 9, 10, 2018; Ord. 837 § 13, 2019; Ord. 869 §§ 4, 5, 2024)

§ 17.08.185 Guest houses.

Repealed by Ord. 679.
(Ord. 481 § 3, 1997; Ord. 518, 1999)

§ 17.08.190 Tract subdivision construction.

A. 
Front yard setbacks in subdivision tract developments may be reduced up to 40 percent on a maximum of one-half of the units however no setbacks shall be less than 18 feet to the garage for front entry and 15 feet to the garage for side entry.
B. 
A minimum of three floor plans shall be provided up to 50 units; a minimum of four plans shall be provided for between 50 and 100 units; and one additional plan shall be provided for each 50 additional units (or part thereof) over the first 100 units. At least one one-story plan shall be provided.
C. 
A minimum of three facade treatments which vary entry, window type and treatment, exterior materials, and color shall be provided per plan.
D. 
Roof style, material, and height shall be varied with each architectural elevation design and floor plan.
E. 
The use of side entry or rear garages is encouraged.
(Ord. 481 § 3, 1997)

§ 17.08.200 Affordable housing development standards.

Repealed by Ord. 701.
(Ord. 470 § 2(B), 1996; Ord. 481 § 3, 1997)

§ 17.08.210 Manufactured housing development standards.

For manufactured housing the following additional requirements shall apply:
A. 
Roofs shall have an eave overhang of at least 12 inches on all sides.
B. 
A manufactured home may not be installed if more than 10 years have elapsed between the date of manufacture of the manufactured home and the date a complete permit application for installation of that home is received.
(Ord. 481 § 3, 1997; Ord. 869 § 6, 2024)

§ 17.08.220 Property development standards – Special requirements for RC and RA zones.

In the RC and RA zones, including the conversion of apartments to condominiums where permitted by PMC § 17.08.100(H)(3), the following performance standards shall be met:
A. 
Masonry walls six feet in height, from the highest finished grade, shall be required on the rear and side property lines. Framed stucco walls may be permitted in lieu of a masonry wall upon determination by the City Council that such substituted wall is compatible with the proposed project and surrounding property uses. When adjacent to commercial or single-family residential zones, walls shall be eight feet in height unless the adjacent grade of the property in those zones is four feet or more lower or higher than the project site. When adjacent to another multiple-family (RA or RC), or mobile home park zone, block pilasters connected with solid wood (cedar or redwood) or framed stucco may be used instead of masonry. No walls are required on front or street side yards unless needed for noise attenuation and/or privacy.
B. 
Where a lot 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.
C. 
In RC and RA zones, any building exceeding 15 feet in height shall maintain a minimum setback of 50 feet from any single-family zone; and buildings less than 15 feet in height shall maintain a minimum setback of 25 feet from any single-family zone. In situations where the adjacent single-family zone property is six feet or greater in height above the RA or RC zoned property, a minimum setback of 25 feet shall be maintained.
D. 
When an RC and/or RA lot is adjacent to any single-family zone, a minimum 15 feet of landscaping shall be maintained on the RC and/or RA lot between such uses.
E. 
No less than 10 percent of the floor area shall be provided as private open area per ground floor unit and for units contained wholly on the second story.
F. 
A minimum of 250 cubic feet of lockable, enclosed storage per unit shall be provided in the garage or carport area, substitutions may be approved by the City Council.
G. 
The following recreation facilities shall be provided at a minimum unless waived by the City Council:
1. 
Landscaped park-like quiet area;
2. 
Children’s play area; and
3. 
Family picnic area.
H. 
A minimum of one clothes washer and one clothes dryer per 10 dwelling units located conveniently throughout the development. In the RC zone, the provision of one clothes washer and one clothes dryer hookup per dwelling unit shall meet this requirement.
I. 
Individual trash areas, screened from view of the roadway, shall be provided for each dwelling unit in the RC zone; conveniently located trash enclosures, per City standards, shall be provided for dwelling units in the RA zone.
J. 
A minimum of 50 trees per net acre shall be required as part of the landscaping requirements; 20 percent shall be 24-inch box size or larger, 70 percent shall be 15-gallon size and 10 percent shall be five-gallon size.
K. 
Recreation vehicle parking areas shall be provided, fully screened from view or the development shall prohibit all parking of recreation vehicles.
L. 
Lighting.
1. 
All outdoor light fixtures, including but not limited to illuminated signage, decorative building or landscape lighting, illuminated recreational facilities, and parking lot lighting within multifamily residential zones, shall be turned off between the hours of 11:00 p.m. and sunrise, except when used for security purposes, illumination of roadways, sidewalks, and similar safety-related applications. Automatic timing devices shall be integrated into all new or modified lighting systems to turn off lights at 11:00 p.m.
2. 
All lighting used in parking lots, for security purposes or similar safety-related uses, shall be low pressure sodium, narrow spectrum amber low emitting diode (LED), or other energy efficient light which does not exceed a correlated color temperature (CCT) of 3,000 kelvin and 4,050 lumen except where the City Council has issued an exemption permit to allow alternative lighting. The City Council may issue such exemption permits where the Council finds that unusual circumstances dictate the use of brighter lighting for safety reasons.
3. 
All exterior lighting shall be scheduled so that light rays emitted by the fixture are projected below the imaginary horizontal plane passing through the lowest point of the fixture and in such a manner that the light is directed away from streets and adjoining properties.
4. 
Illuminators should be integrated with the architecture of the building.
5. 
Freestanding lamp posts shall be no taller than 18 feet.
6. 
The intensity of light at the boundary of any multifamily zone shall not exceed 75-foot lamberts from a source of reflected light.
7. 
Compliance with this section shall be applicable to all new construction and/or the expansion or rehabilitation of any facility or structure by more than 50 percent of its value.
(Ord. 113 § 1 (Exh. A 2.3(B)), 1983; Ord. 125, 1984; Ord. 172 § 1 (Exh. A), 1985; Ord. 192 § 1 (Exh. A), 1986; Ord. 481 § 3, 1997; Ord. 484 § 2(A), 1997; Ord. 788 §§ 2, 3, 2016; Ord. 864 § 2, 2024)

§ 17.08.230 Performance standards in residential zones.

A. 
The noise level emanating from any residential use or operation shall not exceed 60 dBA CNEL for the RR-A through RR-C and RS zones and 65 dBA CNEL for the RC and RA zones, as the acceptable outdoor noise exposure level when measured at the property line. The interior noise levels shall not exceed 45 dBA CNEL for all residential uses.
B. 
For schools, libraries, churches, hospitals, nursing homes, park and recreation areas, the outdoor acceptable exposure level shall not exceed 70 dBA CNEL when measured at the property line.
C. 
Air conditioners, antennas (excepting amateur radio antenna installations subject to Chapter 17.31 PMC), heating, cooling, ventilating equipment and all other mechanical, lighting or electrical devices shall be so operated that they do not disturb the peace, quiet and comfort of neighboring residents, and shall be screened, shielded and/or sound buffered from surrounding properties and streets. All equipment shall be installed and operated in accordance with all other applicable ordinances. Heights of said equipment shall not exceed the required height of the zone in which they are located.
D. 
Required front and street side yards shall be landscaped and shall consist predominantly of trees, plant materials, ground cover and decorative rocks, except for necessary walks, drives and fences. All required landscaping shall be permanently maintained in a healthy and thriving condition, free from weeds, trash and debris.
E. 
Semi-trucks and trailers, dump trucks, moving vans and other heavy-duty commercial vehicles shall not be parked on any residentially zoned lot for a period of longer than eight hours.
(Ord. 113 § 1 (Exh. A 2.3(A)), 1983; Ord. 178 § 1(A), 1985; Ord. 225 § 1, 1987; Ord. 293 § 2, 1989; Ord. 456 § 1, 1996; Ord. 481 § 3, 1997; Ord. 674 § 11, 2008; Ord. 771 § 3, 2014)

§ 17.08.240 Walls and fences.

Requirements for walls and fences in residential zones shall be as follows:
A. 
A wall, fence, retaining wall, or driveway entry gate and associated pilasters including any appurtenances or any combination thereof shall not exceed six feet in height, except as herein provided.
1. 
When a retaining wall is used to increase usable lot area, the sum total of any combination of fence or wall and retaining wall shall not exceed six feet in height unless a five-foot landscape area is provided between the retaining wall and fence or wall. A series of retaining walls and fence or wall is allowed in conjunction with the five-foot landscape area, provided each individual fence and wall or retaining wall shall not exceed six feet in height as conceptually shown in Figure A below.
2. 
Within the required front yard area, at a minimum, the top two feet of a six-foot fence or wall shall be constructed of open fencing as conceptually shown in Figure B below, unless the wall is a retaining wall, a driveway entry gate and associated pilasters, or additional height is approved for noise attenuation purposes.
3. 
The maximum height of driveway entry gates and associated pilasters, on properties that are at least one acre in size and zoned RR-A, RR-B, RR-C, or RS-1, shall not exceed seven feet. A driveway entry gate and associated pilasters shall be located adjacent to a driveway and may be located within the front yard setback area, provided a minimum 20-foot setback is maintained to the edge of the street intersecting the driveway to allow the vehicle entering the property to stop in the driveway during operation of the gate without impacting traffic in the street.
B. 
A solid wall or fence not more than six feet in height may be maintained along the interior side of rear lot lines, except as required by PMC § 17.08.220(A); provided, that such wall or fence does not extend into a required front yard except for noise attenuation as required by the City and as provided in this chapter.
C. 
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 site visibility. Corner cutoffs may be required for safety and visibility (see examples following).
D. 
Fiberglass sheeting, bamboo sheeting or other similar temporary material shall not be permitted as a fencing material on street yard frontages.
E. 
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.
F. 
Where barbed wire strands, razor wire, or concertina wire (coiled barbed wire) is placed at the top of a wall or fence, such materials shall maintain a minimum vertical clearance of six feet above grade, shall extend no more than one foot above the top of the wall or fence, and shall be maintained in a safe condition. Such strands of wire shall not be counted in the overall allowable fence height.
G. 
It is unlawful to place razor wire or concertina wire on the rooftop of any building.
H. 
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 a public nuisance and shall be subject to the nuisance abatement procedure, Chapter 8.72 PMC.
I. 
All fences (including retaining walls) shall be constructed of new or good used material and in accordance with the methods of construction which conform to the requirements of the Uniform Building Code. Additionally, they shall be maintained in a state of good repair. Any dilapidated, dangerous or unsightly fences or retaining walls shall be repaired or removed.
J. 
Retaining walls, which have a walking surface adjacent to the top of the retaining wall, shall be equipped with an open and decorative metal railing on the top of the retaining wall for safety as deemed necessary by the City Building Official. The height of the required railing shall not be considered in the overall height measurement of the retaining wall.
K. 
Walls and fences may be up to eight feet in height for churches and other religious institutions, which for the purposes of this title are defined as structures which are used primarily for religious worship and related religious activities, when needed for security purposes, subject to the following:
1. 
An open decorative wrought iron fence is allowed at the front, side, and rear property lines, except where solid walls and fences are required pursuant to PMC § 17.08.170(B)(3).
2. 
A solid wall or fence is allowed at the rear and interior side property lines.
3. 
Solid walls and fences must be set back at least five feet from the front and street side property lines to provide a landscaped buffer.
4. 
Chain link fences are not permitted.
5. 
Solid walls and fences must be architecturally compatible with the development of the property on which it is located. At a minimum the wall or fence must be the same color as the buildings and a vertical element, such as a pilaster, must be incorporated at least every 30 feet.
6. 
Walls and fences over six feet in height require building permits prior to installation.
(Ord. 113 § 1 (Exh. A 2.5), 1983; Ord. 162 § 1, 1985; Ord. 172 § 1 (Exh. A), 1985; Ord. 195 § 1, 1986; Ord. 232 § 1, 1987; Ord. 481 § 3, 1997; Ord. 518, 1999; Ord. 674 §§ 12 – 15, 2008; Ord. 685 § 3, 2009; Ord. 831 § 4, 2019)