Ordinance chapter · San Marcos, California

Chapter 31

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San Marcos, CA Zoning Ordinance | Zoneomics

CHAPTER 20

100 - GENERAL PROVISIONS

CHAPTER 20

200 - ESTABLISHMENT OF ZONES

CHAPTER 20

205 - LAND USE AND DEVELOPMENT APPROVAL

CHAPTER 20

210 - AGRICULTURAL ZONES

CHAPTER 20

215 - RESIDENTIAL ZONES

CHAPTER 20

220 - COMMERCIAL ZONES

CHAPTER 20

225 - MIXED USE ZONES

CHAPTER 20

230 - INDUSTRIAL ZONES

CHAPTER 20

235 - TRANSITIONAL ZONES

CHAPTER 20

240 - PUBLIC AND INSTITUTIONAL ZONES

CHAPTER 20

245 - RESIDENTIAL MANUFACTURED HOME PARK ZONE

CHAPTER 20

250 - SPECIFIC PLAN AREA ZONE

CHAPTER 20

255 - FLOOD DAMAGE PREVENTION OVERLAY ZONE

CHAPTER 20

260 - RIDGELINE PROTECTION & MANAGEMENT OVERLAY ZONE

CHAPTER 20

265 - AIRPORT OVERLAY ZONE

CHAPTER 20

300 - SITE PLANNING AND GENERAL DEVELOPMENT STANDARDS

CHAPTER 20

305 - DENSITY BONUS

CHAPTER 20

310 - INCLUSIONARY HOUSING

CHAPTER 20

315 - RESIDENTIAL GROWTH MANAGEMENT

CHAPTER 20

320 - SIGNS ON PRIVATE PROPERTY

CHAPTER 20

325 - SIGNS ON CITY PROPERTY

CHAPTER 20

330 - WATER EFFICIENT LANDSCAPE STANDARDS1

CHAPTER 20

335 - WALLS AND FENCES

CHAPTER 20

340 - OFF-STREET PARKING AND LOADING

CHAPTER 20

345 - NONCONFORMING USES AND STRUCTURES

CHAPTER 20

350 - SPECIAL HOUSING APPLICATIONS

CHAPTER 20

360 - TRANSPORTATION DEMAND MANAGEMENT2

CHAPTER 20

400 - SPECIFIC USE STANDARDS

CHAPTER 20

405 - ADULT ENTERTAINMENT ESTABLISHMENTS

CHAPTER 20

410 - ACCESSORY DWELLING UNITS AND ACCESSORY STRUCTURES

CHAPTER 20

415 - ANIMALS

Section 20.415.010 - Purpose of Chapter Section 20.415.020 - Animal Keeping Permits and Standards Section 20.415.030 - Location Requirements Section 20.415.040 - Youth Organization Animal Raising Projects

CHAPTER 20

420 - AUTOMOTIVE SERVICES

CHAPTER 20

425 - BARS, ALCOHOL SERVICE, AND ENTERTAINMENT

CHAPTER 20

430 - CONDOMINIUM CONVERSIONS

CHAPTER 20

435 - PLANNED RESIDENTIAL DEVELOPMENT

CHAPTER 20

440 - REASONABLE ACCOMMODATION

CHAPTER 20

445 - REFUSE AND RECYCLING

CHAPTER 20

450 - RENEWABLE ENERGY

CHAPTER 20

455 - TEMPORARY EVENTS

CHAPTER 20

460 - SURFACE MINING

CHAPTER 20

465 - WIRELESS TELECOMMUNICATIONS FACILITIES

CHAPTER 20

470 - TWO-UNIT RESIDENTIAL DEVELOPMENTS IN SINGLE FAMILY ZONES

CHAPTER 20

500 - PERMITS AND APPLICATIONS PROCESS

CHAPTER 20

505 - NOTICING AND PUBLIC HEARINGS

CHAPTER 20

510 - DIRECTOR'S PERMITS

CHAPTER 20

515 - SITE DEVELOPMENT PLAN REVIEW

CHAPTER 20

520 - CONDITIONAL USE PERMITS

CHAPTER 20 415 - ANIMALS

Section 20.415.010 - Purpose of Chapter

The purpose of this chapter is to provide appropriate regulations for the keeping of animals in a manner that preserves the character of the community. The provisions of this chapter are intended to allow for appropriate, unobtrusive keeping of animals in a manner that does not inflict noise, smell, or other annoyance on adjacent properties, and minimizes conflicts between uses. Animal keeping may be permitted in all Zones where residential dwelling units are permitted, subject to the provisions of this chapter.

Section 20.415.020 - Animal Keeping Permits and Standards

A. Permit Requirements. Table 20.415-1 identifies the types of permits required to establish the animal keeping activities in any A or R Zone, consistent with this Zoning Ordinance. All permit requirements shall be subject to the process standards of Chapter 20.500 (Permits and Application Process).

Table 20.415-1 Permit Requirement Types and Processes

Symbol Permit Requirement Procedure Section
P Permitted use subject to compliance with all applicable provisions of this Zoning Ordinance and the process standards of Chapter 20.500. Chapter 20.500 (Permits and Applications Process)
DP Director's Permit (DP) is required for this use, subject to review and approval by the Director. Chapter 20.510 (Director's Permit)
CUP Conditional Use Permit (CUP) is required for this, subject to review and approval per the process standards of Chapter 20.500. Chapter 20.520 (Conditional Use Permits)
A Permitted uses restricted to accessory uses in conjunction with a primary permitted use. Chapter 20.500 (Permits and Applications Process)
- - - Use not allowed. 20.205.030.C (Unlisted and Similar Compatible Uses)

Note: Any land use authorized through a permit approval process identified may also require Site Development Plan Review, a Building Permit, and/or other permit(s) required by the Municipal Code. For unlisted and similar uses, see Section 20.205.030.C (Unlisted or Similar Compatible Uses).

B. Additional Use Regulations. In addition to the regulations, development standards, and provisions of this chapter, all animal-keeping activities are subject to the specific use standards identified in the "Additional Use Regulations" column of Table 20.415-2; refer to the referenced sections for additional operational standards and regulations applicable to the use.

Table 20.415-2 Animal Keeping Activity Permit Requirements by Zone

Animal Type A-1/A-2/A-3/R-1-20 R-1-10/R-1-7.5 R-2/R-3/MU Additional Use Regulations
Small Animals
Chinchilla (non-breeding) P P - - -
Chinchilla (breeding) CUP - - - - - -
Birds (1) P P P Including exotics; see Section 20.415.020.D.1
Dogs and Cats, Domestic (1) P P P
Hamsters (1) P P P
Poultry, Domestic P P - - - Includes hens; see Section 20.415.020.D.2
Rabbits (1) P P P
Small Animals, excluding foxes P P - - -
Horses
Horses P - - - - - -
Large Animals
Bovine P - - - - - -
Goats P - - - - - -
Emus P - - - - - -
Llamas P - - - - - -
Ostriches P - - - - - -
Sheep P - - - - - -
Swine P - - - - - -
Pigeons
Racing/Homing Pigeons P - - - - - -
Worm Farms
Two Bins Maximum P P - - -
Five Bins Maximum P - - - - - -
Exotic Animals
All Exotics DP DP - - - See Section 20.415.020.D.1
Other Animals
Similar Animals DP DP - - - See Section 20.415.020.D.3

Note:

  1. Within R-2, R-3, and MU Zones, any combination of these domestic animals may be kept, but no more than three (3) are allowed per unit.§

C.

D. Animal Keeping Activity Standards. Where animal keeping is permitted by Table 20.415-2, the standards of Table 20.415-3 shall apply on a per-lot or per-building-site basis.

  1. Exotic Animals. Keeping of exotic animals (exotics) requires the issuance of a DP for each species of exotic. Exotics are those animals that are not typically kept in domestic or agricultural settings, and could include those animals described in California Fish and Game Code Sections 2116 and 2118 and related regulations, alligators, crocodiles, lions, monkeys and tigers, and any species of animal that is venomous to human beings. Exotics shall be kept indoors, except exotic birds may be kept within an outdoor aviary where an aviary is permitted.

  2. Domestic Poultry. Domestic poultry are permitted in the Residential Zones. No more than four (4) are allowed per lot in single-family Zones (R 1-7.5 and R-1-10). Roosters are prohibited. All hen enclosures shall be maintained in a clean, sanitary condition, free from offensive odors at all times.

  3. Similar Animals. Keeping of other animals determined by the Director to be similar in size and manner of keeping to a permitted animal in Table 20.415-2 shall require a DP and will be regulated in the same manner and number as the "similar" permitted animal.

Table 20.415-3 Animal Keeping Activity Standards

Animal Type Standard/Limitation Additional Activity Requirement
Cats/Dogs Maximum of 6 domestic animals Kennels not permitted
Racing/Homing Pigeons Maximum 125 pigeons, in A Zones Keeping of pigeons in excess of 50 birds shall require filing with the City regarding affiliation with a recognized racing/homing pigeon association
Small Animals A Zones/R-1-20 Zone: 25 animals§; Other R-1 Zones: 10 animals§ Maximum number of animals of any single type or combination of animals
Poultry, Domestic Maximum 4 in R-1 Zones§; 25 in R-1-20 and A Zones Roosters are prohibited
Large Animals (based on lot size) Lots 1.5 up to 2 Acres: 2 large animals per lot; Lots 2 up to 4 Acres: 4 large animals per lot; Lots 4 Acres and over: 8 large animals per lot, plus 1 additional large animal per 1 acre in excess of 4 acre in A-2 and A-3 Zones only§
Stable, Private (based on lot size) Lots 10,000 s.f. Min.: 1 horse per lot; Lots 0.5>1 Acre: 2 horses per lot; Lots ≥1 Acre: 3 horses per lot, plus 1 additional horse per 0.5 acre in excess of 1 acre§ Example: a 3 acre lot would be permitted 7 horses

Note: Any land use authorized through a permit approval process identified in D.1 may also require site plan review, a Building Permit, and/or other permit(s) required by this Code.

Section 20.415.030 - Location Requirements

The standards of Table 20.415-4 shall regulate the location, placement and setbacks of any animal keeping enclosure (pen, coop, stable, barn, kennel, corral, or related structures used for the keeping of poultry, small animals or worms) and private stables as indicated in the table.

Table 20.415-4 Animal Keeping Activity Standards

Development Standard Minimum Requirement
Animal Keeping Enclosure
Building Separation 20 feet to any dwelling unit§
Front PL 75-foot
Public ROW PL 75 feet or equal to half the lot width, whichever is less
Interior PL 15 feet
Rear PL 10 feet
Rear Alley PL 0 feet
Stable, Private
Building Separation 40 feet to any structure on lot§
70 feet to any dwelling on an adjacent/adjoining lot§
Public ROW PL 20 feet
Interior PL 15 feet; 0 if adjoining property owner maintains 1 or more horses
Rear PL 15 feet; 0 if adjoining property owner maintains 1 or more horses

PL = property line

Section 20.415.040 - Youth Organization Animal Raising Projects

The keeping of more than two (2) of any single type or any combination of bovine animals, sheep, goats, and swine is hereby authorized in the R-1-20, A-1, A-2, and A-3 Zones (in such cases where said uses would not otherwise be permitted by this Zoning Ordinance) upon the issuance of a DP, subject to all conditions imposed thereby and to all of the following regulations:

  1. The keeping of said animals shall be in connection with animal raising projects under auspices of 4-H, FFA, or other similar youth organizations.

  2. The DP shall be granted for a period not to exceed two (2) years.

  3. DP fees for activities covered by this section may be waived.