Chapter 17.36
AGRICULTURAL ZONE (A)
Sections:
17.36.020 Permitted uses and structures.
17.36.030 Property development regulations.
17.36.040 Specific requirements.
17.36.050 Property maintenance regulations.
17.36.060 Off-street parking requirements.
17.36.070 Landscaping requirements.
17.36.010 Purpose and intent.
The purpose and intent of the agricultural zone (A) is to implement the goals and objectives for agricultural uses as established in the Solana Beach general plan. The agricultural zone is intended to accommodate and promote existing horticultural and floricultural operations while allowing for very low residential densities, not to exceed one single-family home per agricultural parcel. (Ord. 185 § 2, 1993)
17.36.020 Permitted uses and structures.
A. Principal and Conditional Uses. The uses permitted in the agricultural zone shall be as indicated in SBMC 17.12.020 (Use Regulations Matrix) Table 17.12.020-A. Permitted, conditional, and prohibited uses are indicated as follows:
“P” indicates that the use shall be a permitted use in the zone.
“PL” indicates that the use shall be permitted subject to the limitations set forth in subsection B of this section.
“C” indicates that the use is subject to a conditional use permit issued by the director of community development in accordance with SBMC 17.68.010 (Conditional Use Permits).
“CC” indicates that the use is subject to a conditional use permit issued by the city council in accordance with SBMC 17.68.010 (Conditional Use Permits).
“E” indicates that the use shall be prohibited within the zone.
In the event a use is not specifically listed in Table 17.12.020-A, the director of community development shall have the authority to categorize such use in accordance with the procedure outlined in SBMC 17.12.030 (Use Determination).
B. Use Limitations. The following limitations shall apply to the uses identified below:
1. Horticultural and floricultural cultivation, orchard and vineyard crops, and field crops (including greenhouses) shall be permitted as a principal use in the (A) zone subject to the requirements of SBMC 17.36.040(A).
2. Animal raising shall be allowed as an accessory use in the (A) zone pursuant to a conditional use permit and subject to the requirements set forth in SBMC 17.36.040(A);
3. Retail plant nurseries and florist shops shall be allowed as an accessory use in the (A) zone pursuant to a conditional use permit and subject to the requirements set forth in SBMC 17.36.040(A).
4. Home occupations shall be allowed as an accessory use in the (A) zone subject to the requirements set forth in SBMC 17.20.040(C) (Residential Zones).
5. Garage sales shall be allowed as an accessory use in the (A) zone, subject to the requirements set forth in SBMC 17.20.040(Q) (Residential Zones).
6. Mobile home and manufactured housing on individual lots shall be permitted as a principal use in the (A) zone subject to the requirements of SBMC 17.20.040(B) (Residential Zones).
7. Accessory living units shall be allowed as an accessory use in the (A) zone subject to the requirements set forth in SBMC 17.20.040(D) (Residential Zones).
8. Guest houses shall be allowed as an accessory use in the (A) zone subject to the requirements set forth in SBMC 17.20.040(C) (Residential Zones).
C. Accessory Uses and Structures.
1. Accessory Uses Permitted. The following accessory uses and structures shall be permitted on the same lot or premises as the principal use, as set forth below:
a. Accessory uses as identified in subsection B above;
b. Parking lots and/or garages to accommodate vehicles owned by residents, clients or guests of the principal or accessory use;
c. Storage buildings and other auxiliary structures;
d. Greenhouses subject to the requirements set forth in SBMC 17.36.040(B);
e. Swimming pools, spas, and associated equipment subject to the requirements set forth in SBMC 17.36.040(D);
f. Signs in accordance with Chapter 17.64 SBMC.
2. On lots developed exclusively for residential use, the standards for accessory structures shall be as follows:
a. Attached Accessory Structures Greater than 42 Inches. All attached accessory structures greater than 42 inches in height shall be made structurally a part of the principal structure, be composed of materials which are visually compatible with the principal structure and shall comply in all respects with the requirements applicable to the principal structure.
b. Detached Accessory Structures Greater than 42 Inches. Except as otherwise provided in SBMC 17.36.040 (Specific Requirements), detached accessory structures greater than 42 inches in height shall comply with all of the following requirements:
i. Accessory structures shall conform to all front and side yard requirements and shall not be permitted between the street and the principal structure.
ii. Accessory structures may be located within a rear yard setback to within five feet of the rear property line, but shall not occupy more than 30 percent of the rear yard area nor more than one-third of the lot width.
iii. Accessory structures shall conform to all applicable height and daylight plane requirements set forth in SBMC 17.36.030(G) and (H) and shall not exceed a height of 12 feet where located in a rear yard setback.
iv. A minimum separation distance of six feet shall be maintained between a detached accessory structure and the principal structure.
v. Accessory structures shall comply with all applicable fire, health, safety, and building provisions of this code.
c. Accessory Structures, 42 Inches or Less. Except as otherwise provided in SBMC 17.36.040 (Specific Requirements), attached or detached accessory structures of 42 inches or less in height may be located within front, rear, or side yards to within three feet of the rear or side property lines and to within 10 feet of the front property line.
3. On lots used exclusively for agricultural use or for both agricultural and residential uses, accessory and principal structures shall be subject to the requirements of SBMC 17.36.040(A).
4. More than one principal structure may be permitted on a building site subject to the requirements of SBMC 17.36.030 (Property Development Regulations).
D. Temporary Uses and Structures. Temporary uses and structures shall be permitted in the (A) zone pursuant to SBMC 17.60.010 (Temporary Uses and Structures). (Ord. 185 § 2, 1993)
17.36.030 Property development regulations.
A. Minimum Lot Sizes and Dimensions.
1. The minimum lot sizes and dimensions for the (A) zone shall be as follows:
Table 17.36.030-A
Minimum Lot Dimensions
|
Zone |
Minimum Area in Sq. Ft. |
Street Frontage |
Width (interior) |
Width (corner) |
Depth |
|
(A) |
40,000 |
100' |
100' |
105' |
150' |
B. Density Regulations. The maximum allowable density for the (A) zone shall be one dwelling unit per net acre. No lot shall be occupied by more than one dwelling unit.
C. Minimum Floor Area. Each dwelling unit shall have a minimum gross floor area of 650 square feet.
D. Minimum Yard Dimensions.
1. Minimum yard dimensions for the (A) zone shall be as follows:
Table 17.36.030-B
Minimum Yards
|
Zone |
Front Yard |
Side Yard (Interior) |
Side Yard (Street) |
Rear Yard |
|
(A) |
35' |
15' |
20' |
25' |
2. A minimum separation of six feet shall be required between all principal structures.
3. Architectural features, such as eaves, awnings, canopies, bay windows and balconies may project into required yards a maximum distance of two feet; provided such appendages are supported only at, or behind, the building setback line.
4. Fireplace chimneys, fire escapes, exterior stairs and landings, and similar architectural features requiring ground contact may project into required yards a maximum distance of two feet; provided such feature shall be three feet from a property line.
E. Maximum Floor Area Ratio. The maximum floor area ratio for residential structures in the (A) zone shall be as follows:
(.50) for the first 5,000 square feet of lot area.
(.30) for each additional square foot of lot area between 5,000 square feet and 20,000 square feet.
(.15) for each addition square foot of lot area above 20,000 square feet.
The following structures or areas within structures shall be excluded from the calculation of floor area ratio:
1. Courtyards, basements, and required parking within garages (200 square feet per space).
2. Greenhouses, processing, packaging and storage facilities, and similar agricultural structures.
F. Maximum Building Height. The maximum building height for the (A) zone shall be 30 feet subject to the daylight plane height limitation described in subsection G of this section.
G. Daylight Plane Height. Within the (A) zone all new structures and structural additions, except greenhouses used for horticultural or floricultural production, shall be encouraged, but not required to use a daylight plane beginning at a vertical height of 16 feet above any two designated setback lines and sloping toward the interior of the lot at a 30-degree angle (from horizontal) until the 30-foot height limit is reached. Applicable setback lines shall include any of the following combinations:
Architectural features, such as dormers or gables, may extend outside the building envelope into the daylight plane; provided, that the feature or combination of features measures no more than 15 feet in length at the point of intersection with the daylight plane. The 15-foot intrusion shall be allowed separately to the front, rear, and both side yard daylight planes.
The daylight plane height limitation shall not apply where one or more of the following circumstances exist:
1. The proposed structure will be reviewed in accordance with the procedures set forth in a view preservation ordinance which has been adopted by resolution of the city council.
2. A deviation in the daylight plane requirement is determined to be necessary to minimize disturbance of sensitive lands or to avoid excessive grading requirements. Such determination shall be made in conjunction with a development review permit pursuant to SBMC 17.68.040. (Ord. 185 § 2, 1993)
17.36.040 Specific requirements.
A. Agricultural Production and Retail Nurseries. Agricultural businesses including horticultural and floricultural cultivation, orchard and vineyard crop production, field crop production, animal raising, and retail plant nurseries shall be permitted in the (A) zone in accordance with the following standards:
1. Animal raising businesses, retail plant nurseries, and flower shops shall be subject to a conditional use permit issued by the city council.
2. On-premises retail sales shall be limited to horticultural, floricultural, and related products.
3. The use of electrical or mechanical equipment that creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the premises or that creates noise not normally associated with residential uses shall be prohibited.
4. Signs advertising the existence of an agricultural or retail nursery business shall be subject to the regulations of Chapter 17.64 SBMC (Comprehensive Sign Ordinance).
5. The agricultural or retail nursery business must not cause the elimination, or reduction in any manner of required off-street parking.
6. The agricultural or retail nursery business shall not cause vehicular or pedestrian traffic to exceed levels normally associated with the surrounding residential neighborhood.
7. The agricultural or retail nursery business shall not cause external effects, such as increased noise, traffic, lighting or odors which are detrimental to neighboring properties.
8. The use and storage of pesticides, fertilizers, and other toxic chemicals shall be consistent with all state and federal regulations.
9. Animal raising businesses, including the breeding, grazing, boarding or training of large or small animals including cats, dogs, horses, mules, donkeys, rabbits, chinchilla, nutria, hamsters, guinea pigs, cavy, chickens, birds, and other domestic or wild animals shall be subject to the provisions of subsection C of this section.
B. Greenhouses. Greenhouses shall be subject to all requirements for detached accessory structures except where used for a horticultural or floricultural businesses. On properties used exclusively for horticultural or floricultural businesses, or on properties used for both residential and horticultural or floricultural businesses, greenhouses shall be permitted as a principal use and shall be exempt from all requirements for accessory structures prescribed in SBMC 17.36.020(C).
C. Animals and Pets.
1. The keeping of animals out-of-doors accessory to a residential use or shall be limited as set forth in Table 17.20.040-A (Residential Zones, Chapter 17.20 SBMC).
2. The keeping of animals as an agricultural business pursuant to subsection A shall be limited as prescribed by Table 17.20.040-A, however, the requirements for minimum area per animal and maximum number of animals per site may be exceeded pursuant to the conditional use permit issued for the agricultural business.
3. All animals, except dogs and cats, must be kept in enclosures. Animal enclosures including pens, coops, hutches, stables, barns, corrals, and similar structures shall be subject to the following regulations:
a. All enclosures must be at least 35 feet from any residential dwelling, school, hospital, or church located on any adjoining parcel. The temporary keeping of animals in conjunction with 4-H, FFA or similar youth programs may be exempted from the minimum distance requirements for a period not to exceed one year with the written approval of surrounding property owners.
b. The keeping of animals, excluding household pets, shall not be permitted in the required front or street side yard setback areas unless the lot on which the animals are kept is larger than half an acre.
c. All enclosures shall be adequate to contain the animals and in all cases animals, including dogs, shall be contained within the boundaries of the property on which they are housed.
d. All excrement produced by animals shall be disposed of on a regular basis so as to control flies and odor.
e. The keeping of animals must be consistent with, and not disruptive to the normal residential usage of the premises, nor cause external effects such as noise, or odors which are detrimental to neighboring properties or are incompatible with the characteristics of the residential zone.
D. Swimming Pools and Recreational Courts.
1. Swimming pools, tennis courts, basketball courts, or similar paved outdoor recreational courts, shall not be located in any required front yard or street side yard, and shall be located at least three feet from any rear or side property line, except as provided below.
2. Upon issuance of a variance, swimming pools and spas may be located in a front yard or street side yard where the site configuration or conditions preclude any other location. In such case swimming pools and spas shall be located at least 10 feet from the front property line, and three feet from any rear, or side property line.
3. Outdoor night lighting of recreational courts shall not be permitted except for public facilities located outside designated “dark sky” areas (see SBMC 17.60.060, Exterior Lighting Regulations).
E. Satellite Dish and Other Antennas. Regulations for satellite dish and other antennas are prescribed in SBMC 17.60.120 (Satellite Dish and Other Antennas).
F. Fences, Walls, and Retaining Walls. No fence or wall shall be constructed which exceeds the following height limits above the pre-existing grade, except when the city council or director of community development, as a condition of approval of a discretionary matter under their jurisdiction, requires that a fence or a wall be constructed to a height greater than otherwise permitted by this paragraph in order to mitigate against potential adverse effects. On fill or cut slopes, the height of all fences, walls, retaining walls, or any combination thereof shall be measured above the level of the pre-existing grade:
1. Within required front and street side yards, no fence, wall, retaining wall or combination thereof shall be higher than 42 inches, except for the following:
a. An additional 24 inches of fence height (to a maximum height of 66 inches) shall be permitted; provided the additional portion of the fence is constructed of a material that is at least 80 percent open to light.
b. Posts located not less than five feet apart shall be permitted to a maximum height of five feet in height.
c. One walkway and one driveway architectural feature (such as an arbor, archway, or gate structure) shall be permitted for each full 100 feet of street or private easement frontage; provided one of each feature is allowed for properties with less than 100 feet of street or private easement frontage. Architectural features shall conform to the maximum dimensions and criteria indicated in Figures 2 and 3 of SBMC 17.20.040(O) (Residential Zones, Chapter 17.20 SBMC) and are subject to confirmation by the city engineer that a safe sight distance is maintained.
d. A fence or wall of five feet may be permitted in the front yard setback to comply with safety requirements for a swimming pool or spa.
2. Within required rear and interior yards, no fence, wall or retaining wall or combination thereof shall be higher than six feet, except that an additional two feet of fence height shall be permitted (to a maximum total height of eight feet); provided the additional two feet of fence is constructed of a material that is at least 50 percent open to light and air. The additional two feet of fence may be solid if such fence is located in a required interior side yard or rear yard which abuts a nonresidential zone.
3. Within the buildable area (between the front, rear and side yard setbacks) the maximum height of a fence shall be 16 feet.
4. Outdoor recreation court fences may exceed six feet in height to a maximum height of 12 feet; provided such fences shall be located 10 feet from any rear or side property line.
For purposes of measuring fence height, see definition of “Fence” Chapter 17.08 SBMC (Definitions). (Ord. 185 § 2, 1993)
17.36.050 Property maintenance regulations.
All buildings, structures, yards and other improvements shall be maintained in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited:
A. Dilapidated, deteriorating, or unrepaired structures, such as fences, roofs, doors, walls, and windows.
B. Accumulation of scrap limber, junk, trash or debris.
C. Outdoor storage of junk cars or inoperative vehicles.
Additional regulations for property maintenance are set forth in Chapter 6.06 SBMC (Neighborhood Preservation). (Ord. 185 § 2, 1993)
17.36.060 Off-street parking requirements.
Parking and loading requirements shall be as prescribed in Chapter 17.52 SBMC. (Ord. 185 § 2, 1993)
17.36.070 Landscaping requirements.
Landscaping requirements shall be as prescribed in Chapter 17.56 SBMC. (Ord. 185 § 2, 1993)