Supervisors approve Zoning Ordinance updates - Design review added for Fallbrook Village zones

The San Diego Board of Supervisors approved clean-up and clarification language to the county’s Zoning Ordinance, including addition of design review stipulations for the recently-created Fallbrook Village zones.

The supervisors’ 3-0 vote April 23, with Ron Roberts and Bill Horn absent, also revised definitions as well as amended the Zoning Ordinance for residential story limits, veterinary hospitals, animal regulations, gate entry structures, structures in yards, accessory use regulations, convenience sales and personal services, mini-warehouses, and directional signs.

The previous Zoning Ordinance reference to permitting additional residential stories stated that when the average slope of a lot is greater than one foot rise or fall in seven feet in the area of the lot bounded by a line drawn five feet outside the building perimeter, or along property lines if closer, an additional story may be permitted in a residential building located on the downhill side of a street provided that the building does not exceed the maximum permissible height.

Basements and cellars within such buildings are only permitted if the grade elevation at all points adjacent to the basement perimeter does not exceed two feet below the finished floor elevation directly above.

The allowance does not apply to through lots or corner lots.

The new language allows an additional story to be permitted in a main dwelling with the issuance of an administrative permit while limiting the dwelling to the maximum permitted height.

Notice of the administrative permit application will be given to all property owners within 300 feet of the applicant’s property.

The administrative permit may be approved if findings are made that the additional story will be in harmony with the scale and bulk of similarly-zoned dwellings on adjacent properties, that the additional story will be compatible with existing neighborhood character in the vicinity, and that the additional story will not create a safety hazard or impair views to surrounding properties.

The new language also stipulates that proposed or existing basements within the main dwelling are not considered a story.

The county’s Zoning Ordinance has 18 height designators ranging from one permitted story and a 15-foot height limit to greater than 60 feet with a major use permit and no story restrictions.

Four other height designators between 45 and 60 feet also have no story restrictions. Four designators, ranging from 20 to 35 feet in height, have two-story limits, while four designators ranging from 25 to 40 feet allow for up to three stories. Four designators, ranging from 35 to 60 feet, allow four stories.

The changes add definitions for a high-rise building, commercial vehicle, and porte cochere; a high-rise building is any building more than 55 feet in height, a commercial vehicle is one designed, maintained, or used to transport persons or property for compensation regardless of whether it has been used for that purpose, and a porte cochere is a covering over a driveway or drive allowing a vehicle to continue onto another portion of the site (providing temporary shelter to those exiting a vehicle but not serving as the site’s only covered or enclosed vehicle shelter location).

The definition for “junk” was revised to add specific materials and delete the stipulation of being abandoned from its original use, while the new definition of “junkyard” adds dismantling, purchase, sale, and exchange to the existing definitions of storage and salvaging of scrap operations while also specifying that planned use of the junk for some purpose is not an exemption.

A change in the definition of massage parlors eliminates an exemption for athletic or health clubs, schools, salons, or other establishments where massage is offered as an incidental or accessory service.

The definition of animal sales and services was modified to specify a commercial purposes intent for the boarding, breeding, and raising of horses and to specify exemptions for the non-commercial use of horses owned by the premise’s occupants and for riding by non-paying guests.

Agricultural packing and processing regulations now consider products to be produced on the same premises if they are solely grown or produced on land owned or operated by the same person who owns or operates the packing and processing facility.

Veterinary hospitals which do not meet existing lot requirements are now allowed upon issuance of a minor use permit. The existing requirements include a parcel of at least two acres, and indoor treatment areas must be located at least 100 feet from the nearest property line while outdoor treatment or confinement areas must be at least 200 feet from the nearest property line.

The gross lot area now includes the area within any dedicated trail easement. If a legal lot has split zoning, the use regulations for each separate zone will apply. If a use bisects a split zone within a legal lot, the more restrictive use regulations will apply. The maximum number of animals allowed is now per legal lot rather than for the entire site.

The zoning setback schedule distances were unchanged, but a clause was added allowing fire code setbacks to be more restrictive. A minimum vertical clearance of at least 14 feet is required for any gate entry structures, and all gate entry structures must be reviewed by the appropriate fire agency.

Interior side yard regulations covering accessory storage buildings, outdoor swimming pools, and private detached garages and carports now prohibit those facilities in the front 50 feet of the required side yard (measured along the side lot line) on through lots.

For purposes of calculating size limitations, the size of detached poolhouses, art or music studios, and recreation rooms will be combined with the total allowable square footage of detached private garages, carports, storage buildings, workshops, hobby shops, and other non-habitable structures.

One guest living quarters will be permitted by right in RRO (Residential Recreation-Oriented) zones on lots of at least half an acre and with an administrative permit on lots between 10,000 square feet and half an acre.

The new language specifically exempts Internet sales from the prohibition of on-premise sales of goods covered in the home occupation section.

The previous version of the ordinance authorized a fee waiver for family day care homes for children, small schools, and group care uses with occupancy of not more than 14 persons. The new language exempts group care homes with an occupancy of no more than 14 persons and family day care homes for children.

Convenience sales and personal services businesses are now specifically prohibited from serving alcoholic beverages other than beer and wine for on-premise consumption, providing live entertainment, selling goods by auction, or selling motor vehicle equipment or parts.

The changes added a section on mini-warehouses. Individual storage space may not exceed 400 square feet and may not be used for workshops, hobby shops, or manufacturing, human occupancy must be limited to that required for transporting, arranging, and maintaining, repair and maintenance of stored materials is an allowed incidental use although retail and wholesale business or service is prohibited, driveways between buildings on the same site must be at least 24 feet wide to accommodate temporary parking during loading and unloading activity, and open storage of boats or recreational vehicles may be permitted for a mini-warehouse as an accessory use with issuance of a major use permit.

If zoning requires a major use permit for mini-warehouses, they may be located only on relatively flat parcels of land of between one and five acres if any portion of the parcel is on the periphery of residential areas impacted by noise levels of at least 60 decibels from adjacent roads.

Off-premise temporary real estate directional signs no longer require an administrative permit, although a two-year maximum period is specified. The limits on sign content have been expanded to allow for an address and telephone number.

Fallbrook’s Village 1, Village 2, Village 3, Village 4, and Village 5 zones are now subject to county Community Design Review area regulations and to Fallbrook Design guidelines.