Ord 627
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ORDINANCE NO. 627
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
APPROVING AN AMENDMENT TO ORDINANCE NO. 507
AND SPECIFIC PLAN AMENDMENT (SP) 98-01A, AN
AMENDMENT TO THE COMMUNITY ROAD AND HILLEARY
PLACE SPECIFIC PLAN CONCERNING LIVE
ENTERTAINMENT IN COMMERCIAL ZONING DISTRICTS
(SPECIFIC PLAN AMENDMENT SPA 98-01A)
WHEREAS, Section 17.47 of the Poway Municipal Code provides the
requirement for the initiation, preparation and adoption of a Specific Plan in accordance
with Section 65450, et seq. of the Californian Government Code (Article 8, Specific
Plan); and,
WHEREAS, Specific Plan 98-01 was approved on October 6, 1998 with
Ordinance Number 507; and,
WHEREAS, Chapter 17.47.090 of the Poway Municipal Code provides
requirements for the amendment of Specific Plans through a Resolution or Ordinance;
and,
WHEREAS, on June 16, 2005 an application was submitted for Minor Conditional
Use Permit by Generoso Russo for O'Harley's Live Entertainment; and,
WHEREAS, on August 16, 2005 a Specific Plan Amendment was initiated and
brought before the City Council and was approved with Resolution No. 05-079; and,
WHEREAS, on November 15, 2005, the City Council held a duly advertised
public hearing to solicit comments from the public, both pro and con, relative to this
application.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
Section 1: The City Council finds that the adoption of this Ordinance for the ZOA and
SPA are both exempt from the provisions of the California Environmental Quality Act
(CEQA), pursuant to Section 15061 (b)(3) of the CEQA Guidelines, because it entails a
change from a requirement for a CUP to an MCUP for an activity that is already
conditionally permitted and there is no possibility that this will have a significant effect
on the environment.
Section 2: The City Council hereby approves Specific Plan Amendment 98-01A and
amends Ordinance No. 507 as follows:
A. Section VI. Development Standards to be modified as follows:
Ordinance No. 627
Page 2
EATING AND DRINKING ESTABLISHMENTS AND LIVE ENTERTAINMENT
Bars (with or without live entertainment) X
Coffee houses, juice bars, and other similar establishments not
Involving the sale and/or on-site consumption of alcoholic P
beverages, and without live entertainment.
Restaurants with drive-in or drive through facilities X
Restaurants and similar establishments engaged primarily in
the retail sale of prepared food and alcoholic beverages
primarily for on-premises consumption P
(without drive-in or drive through), except those serving
primarily alcoholic beverages without food.
Live entertainment as an accessory use to an eating or drinking
Establishment listed above unless authorized pursuant M
To Section 17.26.020 of the PMC.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30)
days after the date of this passage; and before the expiration of fifteen (15) days after
its passage, it shall be published once with the names and members voting for and
against the same in the Po way News Chieftain, a newspaper of general circulation
published in the City of Poway.
Introduced and first read at a regular meeting of the City Council of the City of
Poway held this 15th day of November 2005 and thereafter PASSED AND ADOPTED
at a regular meeting of said City Council held the 29th day of November 2005, by the
following roll call vote.
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
ATTEST:
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Sherrie D. Worrell, Deputy City Clerk