Ord 661
ORDINANCE NO. 661
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
AMENDING PORTIONS OF CHAPTER 17 OF THE
POWAY MUNICIPAL CODE PERTAINING TO SPECIAL
PROMOTIONAL PARKING LOT SALE EVENTS
(ZONING ORDINANCE AMENDMENT 07-04)
WHEREAS, the City Council finds that it is necessary from time to time to amend
. the Zoning Development Code to reflect changing conditions in the community; and
WHEREAS, The City Council desires to create an environment where
businesses will succeed; and
WHEREAS, the City Council finds that nationally recognized businesses have
needs that are different from those of other retail businesses, and
WHEREAS, on September 18, 2007 and October 2, 2007 the City Council held
duly advertised public hearings on the proposed amendment.
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 is exempt
from the requirements of the California Environmental Quality Act (CEQA) pursuant to
CEQA Guidelines Section 15061(b)(3) because it entails the establishment of an activity
that would be accessory to an already permitted use and there is no possibility this will
have a significant effect on the environment.
Section 2: That Chapter 17.04 of the Municipal Code is amended to add
Section 17.04.690 to read as follows:
17.04.690 Special promotional sales event
"Special promotional parking lot sales event" means a parking lot sale
promoting a single product sold nationwide that is part of a regional or
national sales campaign required by the parent corporation of a business
operating in the City. Excluded are businesses that are not nationwide and
the product is not sold nationwide.
Section 3: That Section 17.26.030, Temporary Uses Listed, subdivision A., of the
Municipal Code is amended to read as follows:
A. Circuses, carnivals, rodeos, parades or similar outdoor entertainment or
enterprises, subject to not more than five calendar days of operation in any calendar
year. Requests exceeding these time limitations will require the submittal and approval
of a Minor Conditional Use Permit, which shall require City Council approval.
Ordinance No. 661
Page 2
Section 4: That Section 17.26.030, Temporary Uses Listed, subdivision E., of
the Municipal Code is amended to read as follows:
E. Parking lot and sidewalk sales, other than outdoor displays pursuant to
PMC 17.10.190, and located within commercially zoned properties, not to exceed five
calendar days in any 60 calendar days and subject to appropriate conditions. A
qualified business conducting a Special Promotional Parking Lot Sales Event may
request additional time for the parking lot sale subject to the following:
1. The Director may approve a Special Promotional Parking Lot Sales Event for
up to a maximum of 34 days for a single event and no more than two such events in a
six month period with a minimum of 30 days between events;
2. City Council approval is required for a Special Promotional Parking Lot Sales
Event longer than 34 days, for events that occur more frequently than every 30 days, or
in instances where more than two such events are requested in a 6-month period;
Section 5: That Section 17.26.030, Temporary Uses Listed, subdivision M., of
the Municipal Code is amended to read as follows:
M. Temporary use of property designed for mobile trailer units for uses
including, but not limited to, classrooms, offices, and banks, for periods not to exceed
90 days, subject to a minor development review permit. Requests for such uses for
more than 90 days in duration shall require the approval of a Minor Conditional Use
Permit by the City Council. All such units shall meet all necessary requirements of
zoning, building, fire and health codes.
Section 6: That Section 17.26.040, Permits and Bonds, of the Municipal Code
is amended as follows:
A. All temporary uses shall be subject to the issuance of a Temporary Use
Permit by the Development Services Director and other necessary permits and licenses,
including but not limited to building permits, sign permits, and solicitors or vending
permits.
B. In the issuance of a Temporary Use Permit, the Development Services
Director shall indicate the permitted hours of operation and any other conditions, such
as walls or fences and lighting, which are deemed necessary to reduce possible
detrimental effects to surrounding developments and to protect the public health, safety
and welfare.
C. Prior to the issuance of a permit for a temporary use, except those listed
under subsections C, F, G, K, and L of PMC 17.26.030, a cash deposit may be required
to be deposited with the City. This cash deposit shall be used to defray the costs of
cleanup of the property by the City in the event the permittee fails to do same.
Section 7: That Section 17.26.050, Extension or Modification of Limitations, of
the Municipal Code is amended as follows:
Ordinance No. 661
Page 3
Unless otherwise specified in this Chapter, upon written application, the Development
Services Director may extend the time within which temporary uses may be operated, or
may modify, the limitations under which such uses may be conducted if the
Development Services Director determines that such extension or modification is in
accord with the purposes of the zoning regulations.
Section 8: That Section 17.40.190.C, Temporary Signage for Motor Vehicle
Dealerships, subdivision 4, of the Municipal Code is amended to read as follows:
4. Days Allowed. Temporary signage may be displayed each Friday,
Saturday and Sunday. No temporary signage shall be allowed Monday through
Thursday unless otherwise allowed for a Special Promotional Parking Lot Sales Event
pursuant to Section 17.26.030.E of this Chapter.
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 Poway 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 18th day of September 2007, and thereafter PASSED AND ADOPTED
at a regular meeting of said City Council held the 2nd day of October 2007.
gs~{uu~
L. Diane Shea, City Clerk
Ordinance No. 661
Page 4
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify that the
foregoing Ordinance No. 661 was duly adopted by the City Council at a meeting of said
City Council held on the 2nd day of October 2007, and that it was so adopted by the
following vote:
AYES:
BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES:
NONE
ABSENT:
NONE
DISQUALIFIED: NONE
~eh,~
City of Poway