The purpose of this chapter is to specify the allowable uses, requirements, timing, and threshold requirements for properties designated as a Transitional Zone as established by the Zoning Map and Regulating Plan. Transitional Zones are consistent with the intent of the General Plan to foster a vigorous and healthy economy, support the retention of existing businesses, and promote the revitalization and redevelopment of appropriate business areas to meet the diverse needs of the existing and future San Marcos population. Specifically, Transitional Zones are intended to accomplish the following:

A.

Promote the transition from existing developed industrial uses to future planned uses.

B.

Support the business climate of the City while enabling quality and timely redevelopment.

C.

Strengthen the City's economic base by providing a conducive setting for the continuation of existing developed industrial uses.

D.

Maintain the operational continuity of existing developed industrial uses and allow expansion of these uses within the applicable Industrial Zone (herein after, "Initial Zone") until such time as the property is voluntarily redeveloped.

E.

Facilitate the transition of the property to the future allowable use (herein after, "Future Zone"), as identified on the Zoning Map and Regulating Plan.

F.

Prevent nonconforming land uses and structures within the Transitional Zones.

Each Transitional Zone is designed to protect the existing developed industrial land use and facilitate a transition to the future planned land use consistent with the Future Zone. In all Transitional Zone designations, the following applicability standards shall apply:

A.

Eligible Properties. The standards of this chapter shall be limited to those existing industrial properties identified on the Zoning Map and Regulating Plan. Activities consistent with this chapter are permitted on the existing industrial use parcel and associated parcels where all the following criteria are met:

1.

contiguous to the subject Transitional Zone property;

2.

owned by the same property owner as the industrial use on the effective date of this Zoning Ordinance;

3.

used for nonstructural activities (permitted outdoor storage, parking, general operations outside of a building, etc.) associated with the existing developed industrial use or the parcel is undeveloped or developed with an existing industrial structure(s); and

4.

identified as Transitional Zone by the Zoning Map and Regulating Plan.

B.

Permitted Development Activities. Existing developed industrial property designated as Transitional Zone by the Zoning Map and Regulating Plan shall be allowed to continue to function as a conforming industrial use pursuant to the Initial Zone regulations until the property owner makes a determination to change the use to the "Future Zone." See Table 20.235-1 for the Initial Zone applicable to each Transitional Zone. Continuation of permitted development activities shall include development, partial demolition, reconstruction, expansion, and renovation activities. Buildout to the full extent of the Initial Zone standards is permitted in Transitional Zones prior to transition to Future Zone development.

C.

Timing of Transition. The existing developed industrial use shall be permitted to operate as a conforming industrial use until such time as either of the following operational actions is undertaken on existing developed industrial use:

1.

replaced with a new operation that is not consistent with the existing developed industrial use or the permitted uses of the Initial Zone, or

2.

an application is approved for redevelopment of the property to the Future Zone designation.

D.

Rezoning Required. Any operational action described in Section 20.235.020.C shall require the transition of the property from the Initial Zone to the Future Zone. Transition of the property shall require the submittal of an application to rezone the property/parcel to the Future Zone as established by the Zoning Map and Regulating Plan (see also Table 20.235-1). The rezone designation shall be consistent with the General Plan land use.

Rezoning of property to a Future Zone not identified for that property by the Zoning Map, Regulating Plan, or Table 20.235-1 shall not be permitted unless a General Plan amendment and concurrent Zoning Map and Regulating Plan amendment(s) are processed.

E.

Discontinuation of Use. Upon rezoning of the property to the Future Zone identified by this chapter, the property shall no longer be permitted to continue operation as its Initial Zone land use or revert to Initial Zone uses or regulations.

Table 20.235-1
Transitional Zones Defined

Notes: Transitional Zone regulations shall only apply to a property designated as a Transitional Zone by the Zoning Map and Regulating Plan.

In addition to the purposes of this Zoning Ordinance and chapter, each Transitional Zone is intended to provide for the protection and stability of the existing developed industrial land use activities until such time as the property is transitioned to the future use. Table 20.235-1 establishes the Initial and Future Zones for each Transitional Zone, and identifies the applicable regulations chapter for each Initial Zone.

A.

Applicable Regulations

1.

Initial Zone Regulation. Ongoing operation and activities of an existing developed industrial use, as identified in Section 20.235.020.A (Eligible Properties), shall be regulated by the applicable zoning chapter for the Initial Zone identified for the Transitional Zone in Table 20.235-1. Zone regulations applicable to the existing developed industrial use prior to the adoption of this Zoning Ordinance shall not be applicable to the ongoing operation and maintenance of Initial Zone uses within Transitional Zones; the regulations of Chapter 20.230 (Industrial Zones) and Chapter 20.220 (Commercial Zones) shall apply to all Initial Zone uses.

2.

Future Zone Regulation. Following the rezone of the property or properties to the Future Zone, the property shall be regulated by the Future Zone identified in Table 20.235-1 and the chapter noted in the "Future Zone Regulations" column of Table 20.235-1.

In a Transitional Zone, the following uses may be permitted:

A.

Existing Developed Industrial Uses. Activities associated with the ongoing operation of an industrial use existing as of the effective date of this Zoning Ordinance, as provided for by this chapter, shall be an allowable conforming use under the identified Initial Zone regardless of the permit requirements identified for the applicable use in the Initial Zone permitted uses table (Industrial Initial Zones see Table 20.230-2; Commercial Initial Zones see Table 20.220-2).

B.

Permit Requirements. Existing operations will be permitted to conduct development, demolition, reconstruction, expansion, and renovation activities subject to the following:

1.

the regulations and permit requirements of the Initial Zone, or

2.

where the industrial use is not an allowed use under the Initial Zone, consistent with Section 20.235.040.A (Existing Developed Industrial Uses), these activities shall require a CUP, subject to the standards and process of Chapter 20.500 (Permits and Applications Process).

C.

Accessory Uses. Additional accessory uses consistent with the Initial Zone shall be subject to the permit requirements of the Initial Zone.

D.

Wireless Telecommunications Facilities. New wireless telecommunications facilities may locate in the transitional zone subject to the provisions of Chapter 20.465, however no wireless telecommunication facility may be installed on a vacant parcel.

(Ord. No. 2014-1398, 8-12-2014)

E.

NewFuture Zone Primary Uses. New Future Zone primary uses shall not be permitted to be established or commence on parcels within Transitional Zones until rezoning to the Future Zone has been completed, except as modified by this chapter. At the time of rezoning and transition, only land uses permitted in the Future Zone may be established.

(Ord. No. 2014-1398, 8-12-2014)

A.

Buildout of Existing Uses. Activities identified in Section 20.235.020.B (Permitted Development Activities) may be permitted to the full extent of the development envelope as established by the Initial Zone, and shall be subject to the same setbacks and approval process of the Initial Zone regulations. Building permits shall be required, and all current Building Code regulations shall be enforced.

B.

Applicable Standards. All operational, building/site, setbacks, and open space standards of the Initial Zone shall apply to industrial uses and development.

C.

Nonconforming Status. The regulations and limitations of Chapter 20.345 (Nonconforming Uses and Structures) shall not be applicable to industrial uses within any Transitional Zone. Ongoing activities and buildout associated with the industrial use that is consistent with the Initial Zone shall not be considered nonconforming.

In evaluating the compatibility of uses in Transitional Zones with uses or projects proposed on surrounding properties, the City shall consider the uses allowed by the Future Zone for parcels in the Transitional Zones, rather than the existing uses, unless a failure to consider the existing use would endanger the safety and welfare of the proposed uses on adjacent parcels, in which case both the existing developed industrial use and the Future Zone uses would be considered for compatibility purposes.