The provisions of Title 20 of the San Marcos Municipal Code (Code) shall be referred to as the "Zoning Ordinance." The Zoning Ordinance is based on the official Zoning Map of the City of San Marcos.

This Title supersedes any zoning ordinance enacted before the effective date of this Zoning Ordinance.

The purpose of this Zoning Ordinance is to protect and promote the public health, safety, comfort, convenience, and general welfare of the San Marcos community; to implement the policies of the General Plan; and to provide the physical, environmental, economic, and social advantages that result from the orderly planned use of land resources. More specifically, the purposes of this Zoning Ordinance are as follows:

A.

Establish regulations for the development of land uses and improvements within zoning districts (Zones) in accordance with the goals and policies of the General Plan.

B.

Ensure the orderly, attractive, and efficient growth and development of the City of San Marcos for the maximum benefit of its citizens.

C.

Strengthen the economic conditions and vitality of commercial centers to maintain and promote existing business and generate opportunities to attract new business.

D.

Enable flexibility in development type and scale by location to provide for emerging economic and social trends.

E.

Ensure compatibility between different types of development and land uses.

This Zoning Ordinance is enacted based on the authority vested in the City of San Marcos (City) and by the State of California, including the State Constitution, the Planning and Zoning Law (Government Code Sections 65000 et seq.), the Subdivision Map Act (Government Code Sections 66410 et seq.), and the California Health and Safety Code.

This Zoning Ordinance applies to all land uses, activities, structures, subdivisions, and development within the City, owned, leased, or otherwise controlled by any private person(s), private or public corporations or partnerships, or any municipal body or agency, except as provided by this section.

A.

New Land Uses or Structures; Changes to Land Uses or Structures. Compliance with the requirements of this Zoning Ordinance is necessary for any person or public agency to lawfully establish, construct, occupy, maintain, reconstruct, alter, expand, or replace any use of land or structure, except as provided in Chapter 20.345 (Nonconforming Uses and Structures).

B.

Issuance of Building or Grading Permits. The City may issue building, grading, or other construction permits only after all applicable requirements of this Zoning Ordinance and all other applicable statues, ordinances, and regulations of this Code have been met.

C.

Subdivisions. Any subdivision of land proposed within the City after the effective date of this Zoning Ordinance shall be consistent with the minimum lot size requirements established by this Zoning Ordinance; all other applicable requirements of this Zoning Ordinance; and the City's subdivisions regulations, Title 19 of this Code.

D.

Public Utility Lines. The provision of this Zoning Ordinance shall not be construed to limit or interfere with the installation, maintenance, or operation of water lines; sewer lines; gas lines; other public utility pipelines; or electric, telephone, or telegraph transmission lines when installed, maintained, and operated in accordance with all other applicable laws.

E.

Effect of Zoning Ordinance on Existing Uses and Structures. An existing land use or structure is lawful only when it was legally established in compliance with all of the applicable regulations at the time of establishment, and is operated and maintained in compliance with all applicable regulations of this Zoning Ordinance, including Chapter 20.345 (Nonconforming Uses and Structures). Existing land uses or structures that were in violation of City zoning regulations applicable before the effective date of this Zoning Ordinance are in violation of this Zoning Ordinance and shall continue to be in violation until they conform to the current requirements of this Zoning Ordinance. The basis for complaints and enforcement actions for such violations, including discontinuance of use or removal of structures, shall persist until such violations conform to the current requirements of this Zoning Ordinance.

F.

Other Requirements May Apply. Nothing in this Zoning Ordinance eliminates the need for obtaining any permit, approval, or entitlement required by other provisions of this Code or San Diego County Code, or complying with the regulations of any City department, or any San Diego County, regional, state, or federal agency.

G.

Effect of Zoning Ordinance Changes on Projects in Progress. Approved development projects that received administrative, discretionary, or building permits on or before the effective date of this Zoning Ordinance shall not be required to be altered because of adoption of this Zoning Ordinance or future Zoning Ordinance amendments, in accordance with the following conditions:

1.

Construction of the permitted structure(s) commences within sixty (60) days of the building permit issuance and is completed within one (1) year from the effective date of this Zoning Ordinance.

2.

Projects under construction on the effective date of this Zoning Ordinance shall complete permitted construction within one (1) year from the effective date of this Zoning Ordinance.

3.

Construction of the structure does not violate any other ordinance or law on the effective date of this Zoning Ordinance.

The purpose of this Zoning Ordinance is to provide the legislative framework for implementation of the General Plan. The Zones established herein implement the land use designations of the General Plan for the public health, safety, comfort, convenience, and general welfare of the San Marcos community. To achieve the stated purpose, each officer or employee of the City having the responsibility and authority to issue licenses or permits, and any officer or official body having the authority or responsibility to approve plans or specifications for private or public projects, shall issue no license or permit, or authorize by approval any project, plan, or specification that does not conform in purpose or form to the adopted General Plan and its elements.

This Zoning Ordinance shall be administered by the City Council, the Planning Commission, the Planning Division Director (Director), the Development Services Department, and any other departments, groups, or individuals identified in compliance with Title 2 (Administration and Personnel) of this Code.

A.

Planning Commission. The Planning Commission shall have all the powers, rights, and duties provided and given to the Planning Commission by the laws of the state, and shall perform all duties as specified by this Zoning Ordinance or by resolution of the City Council.

1.

Planning Commission. The Planning Commission is a body of seven (7) regular commissioners and two (2) alternate commissioners appointed by the Mayor who reside in the City and serve at the pleasure of the City Council.

2.

Terms. All regular and alternate commissioners serve a two (2)-year term. Alternative commissioners may be appointed to regular seats for full or unexpired terms of office.

3.

Vacancies.

a.

A commissioner position shall be deemed to be vacant when a commissioner is absent from three (3) successive regular meetings of the Planning Commission without cause; their term shall be terminated and appointment to the vacancy shall take place.

b.

Absence for cause is permitted due to illness or unavoidable absence where written notice is given to the Planning Commission on or before the day of the missed regular meeting.

c.

Where vacancies occur other than by the expiration of a term, the vacancy shall be filled by appointment by the Mayor with the consent of the City Council.

d.

Compensation. Each commissioner shall receive compensation as established by a City Council adopted resolution.

4.

Meeting. The Planning Commission shall hold at least two (2) regular meetings each month. A regular meeting is as provided by law and by rule of the Planning Commission, or any regular, advertised public meeting.

5.

Responsible to the City Council. The Planning Commission shall report to the City Council on any matter referred to it for such an action by the City Council, and shall keep the City Council advised and current on all matters pending, including specific information, reports, or materials that may be needed or requested by the City Council.

6.

Organization. The Planning Commission shall make and adopt its own rules and regulations, and conduct itself in conformance with state law. The Planning Commission shall elect a chair and vice-chair from the appointed commissioners, and shall appoint a secretary who may be a noncommissioner and shall serve without compensation.

7.

Facilities and Funding. The City Council shall provide the funds, equipment, and accommodations necessary for the work of the Planning Commission. The expenditures of the Planning Commission, exclusive of gifts, shall not exceed the amounts appropriated by the City Council.

8.

Staff Service. The City Manager or his/her designated representative shall act as secretary to the Planning Commission. The City Manager shall provide for staff services to assist the Planning Commission in the performance of its duties.

This Title 20 - Zoning Ordinance, including individual parts and sections of the Title, are severable. Should any section of this Title be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Title as a whole, or any portion thereof, other than the section declared to be unconstitutional or invalid.

Chapter and section headings contained in this Zoning Ordinance shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any other section of the Zoning Ordinance.

Terminology used in this Zoning Ordinance are as follows:

A.

Mandatory Language. The words "shall," "must," "will," "is to," and "are to" are always mandatory.

B.

Encourage Language. "Should" indicates that the passage is a standard, not a regulatory requirement. "Should" indicates the standard is not mandatory but is strongly recommended. "May" is permissive and does not represent a regulatory requirement.

C.

Indicative Language. The words "include," "includes," and "including" mean "including, but not limited to." The word "and" means that all connected words or provisions apply; the word "or" means that the connected words or provisions shall apply singly or in any combination. Use of "either … or" indicates that the connected words or provisions shall apply singly, but not in combination.

D.

State Law Requirements. References to applicable provisions of state law (e.g., the California Government Code, Subdivision Map Act, Public Resources Code) shall be construed to refer to the applicable state law provisions, as they may be amended from time to time.

The Director shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this Zoning Ordinance. Whenever the Director determines that the meaning or applicability of any of the requirements of this Zoning Ordinance are subject to interpretation generally, or as applied to a specific case, the Director may issue an official interpretation or refer the question to the Planning Commission for determination.

A.

Minimum Requirements. The provisions of this Zoning Ordinance shall be regarded and applied as the minimum requirements and maximum potential limits for the promotion of public health, safety, comfort, convenience, and general welfare of the City and its residents. When this Zoning Ordinance provides for discretion on the part of a City official or body, that discretion may be exercised to impose more stringent requirements than identified in this Zoning Ordinance, as may be necessary to promote orderly land use development and the purposes of this Zoning Ordinance.

B.

Provisions. The provisions of this Zoning Ordinance are not intended to interfere with, abrogate, or annul any easement, covenant, or other agreement between parties. This Zoning Ordinance applies to all land uses and development, regardless of the extent of the regulation imposed in relation to an applicable private agreement or restriction, without affecting the applicability of such agreement or restriction. The City shall not enforce any private covenant or agreement unless the City is a party to the covenant or agreement.

C.

Clarification of Ambiguity. If ambiguity arises concerning the appropriate classification of a particular use or regulation within the meaning or intent of this Zoning Ordinance based on established or unforeseen circumstances, including technological changes in processing or application of materials, the Director shall have the authority to interpret the regulation based on understanding of the Zoning Ordinance. Applicants may appeal the Director's interpretation to the Planning Commission for review and interpretation, which shall be final; thereafter, such interpretation shall govern.

Copies of maps, charts, plats, and other descriptive matter made and provided for in this Zoning Ordinance may be sold by the City at the cost of printing, binding, and distributing the same. All moneys received from the sale of Zoning Ordinance materials shall be paid into the City's General Fund, as provided by law.