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Ord 662 ORDINANCE NO. 662 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, AMENDING SECTIONS 17.10.060 AND 17.42.030 OF THE POWAY MUNICIPAL CODE CONCERNING PHYSICAL FITNESS CENTERS (ZONING ORDINANCE AMENDMENT 07-05) WHEREAS, Section 17.10.060 of the Poway Municipal Code, Permitted and Conditional Uses, lists physical fitness centers as a permitted use or subject to a Conditional Use Permit depending on their business size and zoning designation; and WHEREAS, Section 17.42.030 of the Poway Municipal Code, Schedule of Off- Street Parking Requirements, does not specify off-street parking requirements for physical fitness centers; and WHEREAS, the City Council foresees a need to add a parking ratio for physical fitness centers; and WHEREAS, the City Council foresees a need to require a Minor Conditional Use Permit or Conditional Use Permit for physical fitness centers in order to allow site-specific operational standards that will address potential traffic, parking, noise, and other neighborhood compatibility issues; and WHEREAS, on September 18,2007, 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: This project is exempt from the provisions of the California Environmental Quality Act (CEOA) pursuant to Section 15061(b)(3) of the CEOA Guidelines because it pertains to minor changes to the Zoning Ordinance related to physical fitness centers to establish a parking ratio, and require a Minor Conditional Use Permit or Conditional Use Permit for all fitness centers. There is no possibility this will have a significant effect on the environment. Section 2: The "Sport and Entertainment Uses" portion of the use matrix contained in Section 17.10.060 of the Poway Municipal Code is amended as follows: ~ort and Entertainment Uses MU CO CN CB TC CG AJGC Arcades and electronic games X X C C C C X Bowling centers X X X C X C M Dance, aerobic exercise, music and martial arts C X M P P P P sludios Recreation facilities such as billiard parlors, batting cages, skating rinks and other large M X X M M M M interior sporting uses - ------ Motion picture and live theaters ~ X X P P C C Ordinance No. 662 Page 2 Physical fitness centers a. Within an existing structure, including additions not greater than 50% of the M M M existing square footage b. New construction, including additions greater than 50% of the existing square C C C footage -"-- c M M M C C C M Section 3: The "Commercial Recreation Facilities" portion of the schedule of off-street parking requirements contained in Section 17.42.030.B.7 of the Poway Municipal Code is amended to add the following: Ii. Physical Fitness Centers 1 space/200 square feet of gross floor area I 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, by the following roll call vote. ATTEST: ~~~~ L. Diane Shea, City Clerk Ordinance No. 662 Page 3 I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify that the foregoing Ordinance No. 662, 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 0~ 1'.(. Di e Shea, City Clerk City of Poway