Ord 674ORDINANCE NO 674
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
AMENDING CHAPTERS 17 04, 17 08, 17 10, 17 16, 17 18, 17.20, 17.21, 17.22, 17.23,
17.28, 17 32, 17 34, 17 35, 17 40, 17 42, 17 46, AND 17 52 OF THE POWAY
MUNICIPAL CODE PERTAINING TO CORRECTIONS TO TECHNICAL ERRORS IN
CODE REFERENCING, REINSTATING INADVERTENTLY DELETED TEXT AND
MINOR TEXT ADDITIONS TO CLARIFY ZONING ORDINANCE STANDARDS
(ZOA 08-01)
WHEREAS, Title 17 of the Poway Municipal Code is known as the Zoning
Ordinance and contains standards for development within the City as well as standards
to ensure the public's health, safety and welfare, and
WHEREAS, Chapters 17 04, 17 08, 17 10, 17 16, 17 18, 17.20, 17.21, 17.22,
17.23, 17.28, 17 32, 17 34, 17 35, 17 40, 17 42, 17 46 and 17 52 require corrections to
technical errors in code referencing, the reinstatement of inadvertently deleted text, and
minor text additions to clarify zoning ordinance standards, and
WHEREAS, the proposed changes will allow greater clarity for the public in the
application of the Zoning Ordinance, and
WHEREAS, on May 6, 2008 and May 20, 2008, the City Council held duly
advertised public hearings on Zoning Ordinance Amendment (ZOA) 08-01
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 provisions of the California Environmental Quality Act pursuant to Section
15061(b)(3) of the CEQA Guidelines because it entails minor corrections and
clarifications to the Zoning Ordinance and there is no possibility this will have a
significant effect on the environment.
Section 2. PMC Chapter 17 04 entitled Definitions is amended to add the
following:
A. "Exotic, wild or non-domestic animal" means any animal not normally
domesticated in the United States such as, but not limited to, a venomous reptile, fox,
raccoon or similar animal, including predatory or poisonous animals.
B "Poultry" includes chickens, hens, roosters, turkeys, ducks, geese, game
birds, and other animals similar in size, weight, or appearance
C "Household pet" means any animal customarily permitted and kept in a
dwelling and kept only for the company or pleasure provided to the occupants of the
dwelling, to include dogs, cats, rabbits, parakeets, tropical fish, and hamsters or other
similar domesticated animal.
Ordinance No. 674
Page 2
D "Caretaker's living quarters" means living quarters accessory to a principal
use on a site and intended for occupancy on the same site, as a caretaker, security
guard, or similar position generally requiring residence on the site.
E. "Home occupation" means any occupation or profession conducted or
carried on entirely within a dwelling by the occupants thereof which is clearly incidental
and secondary to the use of the structure for dwelling purposes and which does not
change the character thereof arid does not adversely affect other uses in the zone of
which it is a part. Home occupations shall be evaluated in accordance with the
provisions and criteria in Chapter 17.28 PMC
F "Second dwelling unit" means an attached or detached residential dwelling
unit, which provides complete independent living facilities for one or more persons. It
shall include a kitchen and permanent provisions for living, sleeping, eating, and
sanitation on the same parcel as the single-family dwelling unit is situated
Section 3 Section 17 04 415, Kennel, noncommercial, of PMC Chapter 17 04
is amended to read as follows.
17 04 415 Kennel.
"Kennel" means any property or premises on which seven or more
dogs, seven or more cats, or any combination thereof, over the age of four
months are kept.
Section 4. Subdivisions A, B, C, and D of PMC Section 17 08 100, Permitted
and conditional uses- Residential uses, is amended to read as follows
Residential Uses
RR -A through
C, RS -1
RS -2
RS -3
RS -4
RS -7
RC
RA
A. Single family dwellings
P
P
P
P
P
X
X
B Guest houses (see PMC
17 08.185)
P
P
P
P
P
X
X
C Second dwelling unit on
the same lot as an existing
single family dwelling (see
PMC 17 08.180)
P
P
P
P
P
X
X
D Manufactured homes
certified under the National
Manufactured Housing
Construction and Safety
Standards Act of 1974 (42
U S.0 Section 5401 et.
seq.) installed on a
foundation system pursuant
to Section 18551 of the
Health and Safety Code, on
individual lots in accordan;,e
with PMC 17 08.210
P
P
P
P
P
P
P
Ordinance No. 674
Page 3
Section 5. Subdivisions F, G, H, J, and K of PMC Section 17 08 110,
Permitted and conditional uses — Animal and agricultural uses, are amended to read as
follows.
Animal and Agricultural Uses
RR -A
through C,
RS -1
RS -2
RS -3
RS -4
RS -7
RC
RA
F Keeping of dogs and cats over
the age of four months as follows.
1 Up to three dogs and up to
three cats
2. Up to six dogs and up to six
cats
P
P
M
P
P
M
P
X
M
P
X
D Private recreational courts
with exterior lighting including,
P
X
P
X
P
X
G Kennel (in accordance with
Chapter 17 34 PMC)
C
C
M
C
X
X
X
X
H. The keeping of wild, exotic, or
non-domestic animals
M
X
X
X
X
X
X
J Keeping of beehives:
1 One to three beehives
2. Four or more beehives
P
M
M
M
X
X
X
X
X
X
X
X
X
X
K. The raising of earthworms
provided:
1 The area devoted to the
raising of earthworms
shall not exceed 10
percent of the minimum
lot size permitted in the
zone;
2. The area devoted to the
raising of earthworms
shall be no closer than 50
feet from any adjoining
residential dwelling; and
3 The operations shall be
fully enclosed or in an
enclosed structure
P
P
M
M
X
X
X
Section 6. Subdivisions B and D of PMC Section 17 08 140, Permitted and
conditional uses — Accessory uses, are amended to read as follows.
Accessory Uses
RR -A through
C, RS -1
RS -2
RS -3
RS -4
RS -7
RC
RA
B Accessory structures and
uses located on the same site
as a conditional use
M
M
M
M
M
M
M
D Private recreational courts
with exterior lighting including,
M
M
M
M
M
M
M
Ordinance No 674
Page 4
but not limited to, tennis,
paddle tennis and other uses
determined to be similar by
the Development Services
RR -A through
C, RS -1
RS -2
RS -3
RS -4
RS -7
RC
RA
Director (see Chapter 17 30
0 025 – 1 0 (see
PMC
17 08.170(A)(3))
2.0
3 0
4 0
8 0
12.0
20 0
PMC)
40 acres – 1
acre (see PMC
17 08.170(A)(3))
20,000
15,000
10,000
4,500
2
acres
3
acres
Section 7. PMC Section 17 08 160, Property development standards –
General requirements, is amended to read as follows
The following requirements in residential zones are the minimum unless
otherwise stated:
General
Requirements
RR -A through
C, RS -1
RS -2
RS -3
RS -4
RS -7
RC
RA
A. Density –
maximum dwelling
units per acre
0 025 – 1 0 (see
PMC
17 08.170(A)(3))
2.0
3 0
4 0
8 0
12.0
20 0
B. Net lot area (in
square feet, unless
otherwise noted)
40 acres – 1
acre (see PMC
17 08.170(A)(3))
20,000
15,000
10,000
4,500
2
acres
3
acres
C Lot Width (in
feet)
1 Unless
otherwise
specified
below
2. Cul-de-sac or
unusually
shaped lot
3 Flag lot
110
30
20
100
30
20
80
30
20
70
30
20
50
30
20
135
corner
165
interior
—
—
135
corner
165
interior
—
—
D Lot depth (in
feet)
150
150
100
100
80
135
corner
165
interior,
135
corner
165
interior
E. Front yard
setback (in feet)
40
30
25
25
18
20 I
20
F Side yard
setback, interior,
each side (in feet)
20/20
15/15
10/10
10/10
5/5 1
0/10 2
15/15
15/15
G Side yard
setback, street side
(in feet)
20
15
10
10
10
20
20
H. Rear yard
setback (in feet)
50
40
40
25
20
15
15
I Lot coverage,
maximum in
15
35
35
35
50
50
50
Ordinance No 674
Page b
General
Requirements
RR -A through
C, RS -1
RS -2
RS -3
RS -4
RS -7
RC
RA
percentage)
J Building and
structure height
(maximum in feet)
35 feet or 2 stories, whichever is less or as expressly authorized
pursuant to an adopted specific plan
K. Parking spaces
per unit (garages are
required in all
residential zones
except the RA zone)
2
2
2
2
2
3
4
L. Distance
between buildings
that do not exceed
15 feet in height (in
feet)
—
—
—
—
—
15
15
M. Distance
between buildings,
where one or more
exceeds 15 feet in
height (in feet)
—
—
—
—
—
25
15
The 5/5 interior side yard setback in the RS -7 zone shall only apply to properties that are not
part of a planned development approved with a 0/10 or zero lot line interior side setback development
standard.
2 The 0/10 interior side yard setback in the RS -7 zone shall only apply to planned developments
that are approved with a 0/10 or zero lot line interior side setback development standard.
3 1 75 spaces (1 garage)/1 bedroom unit; 2.25 spaces (1 carport)/2 bedroom unit; 3.00 spaces (2
garages)/3 bedroom or larger unit.
4 1 5 spaces (1 carport)/1 bedroom unit; 2.25 spaces (1 carport)/2 bedroom unit; 2.75 spaces (1
carport)/3 bedroom or larger unit.
Section 8. Subdivision (A)(3) of PMC Section 17 08 170, Property
development standards – Additional requirements, is amended to read as follows.
3 Slope calculations and the density potential which results from such
calculations under the provisions of this title are matters requiring technical engineering
expertise and are ministerial, not discretionary, in nature In the RR -A through RR -C
and RS -1 zones, slope calculations shall be based on the measured rise over run
calculations of a topographic map of the property prepared in accordance with the
standards set forth in this section by a registered Civil Engineer retained by the
applicant. The standards and procedures for slope calculation shall be adopted by
resolution and contained in the public counter handout titled: "City of Poway Slope
Calculation Standards and Procedures," a copy of which shall be available at the City of
Poway Development Services Department. The standards and procedures shall be
subject to amendment by further resolution A violation of the standards and procedures
for slope calculation adopted by resolution shall be deemed a violation of the ordinance
codified in this subsection. To compute slope, the following formula shall be used.
Ordinance No 674
Page 6
(CL x I x S)
NA
Where.
CL = Length of Contours
I = Contour Interval
S = Scale of Map
NA = Net Area in square feet
The average slope of each parcel shall be consistent with the slope requirement
for the total site
The City may retain, at the applicant's cost, a registered Civil Engineer to verify
the calculations of the applicant's engineer and to ascertain whether or not the
calculations were made in accordance with the standards set forth in this section. In the
event that the Civil Engineer retained by the City determines that the calculations were
made in accordance with the standards set forth in this section, the City shall accept the
calculations as accurate In the event that the Civil Engineer retained by the City
determines that the calculations were not made in accordance with the standards set
forth in this section, the City shall not accept the calculations as accurate. No
application for development of property which requires slope calculations shall be
deemed complete until the Director of Development Services has accepted the slope
calculation.
The slope criteria and minimum parcel sizes for property zoned RR -A, RR -B and
RR -C shall not be modified to permit increased density or rescinded unless and until
such modification or rescission is approved by ordinance adopted by the voters of the
City at a special or general election, or first approved by the Poway City Council and
then adopted by the voters of the City at a special or general election.
* Editor's Note This paragraph of PMC 17 08 170(A) was added by Ordinance No
283 and was approved by the voters at a general municipal election November 8, 1988
The language added shall not be modified or rescinded without the approval of a simple
majority of the City voting at a special or general election.
Lot sizes for properties zoned RR -A, RR -B, RR -B2, RR -C or RS -1 shall be as
follows.
S ope Criteria and Minimum Parcel Size
for Proser es Zoned RR -A, RR -B, RR -B2, RR -C and RS -1
ZONE
SLOPE
(Percent)
DENSITY
Parcels
served by
City water 1
1 parcel per
four net
acres
Parcels not
served by
City water
1 parcel per
twenty net
acres
RR -A
0 — 15
Ordinance No 674
Page 7
Slope Criteria and Minimum Parcel Size
for Properties Zoned RR -A, RR -B, RR -B2, RR -C and RS -1
ZONE
SLOPE
(Percent)
DENSITY
Parcels
served by
City water 1
Parcels not
served by
City water
15 — 25
1 parcel per
eight net
acres
1 parcel per
twenty net
acres
25 — 45
1 parcel per
twenty net
acres
1 parcel per
forty net
acres
45 +
No credit
No credit
RR -B
0 — 15
1 parcel per
two net
acres
Requires
City water
15 — 25
1 parcel per
four net
acres
25 — 45
1 parcel per
eight net
acres
45 +
No credit
No credit
RR -B2
(Within High
Valley Area)
No slope
criteria
1 parcel per
two net
acres 2
City water
not required
RR -C
RS -1
0 — 15
1 parcel per
one net
acre
Requires
City water
15 — 25
1 parcel per
two net
acres
25 — 45
1 parcel per
four net
acres
45 +
No credit
No credit
City water is defined as water provided through the City's public water system.
2 Within the High Valley Area, all lots prepared for division less than eight net
acres n size shall include a minimum of one contiguous net acre building site
with an average slope of less than 25% The building site shall be logically
located in regard to access consistent with City ordinances and policies and the
preservation of significant natural resources such as watercourses, significant
tree stands, rock outcroppings or ridgelines.
Ordinance No 674
Page 8
Section 9: Subdivision 6 of Subdivision A, Minimum lot size and dimensions,
of Section 17 08.170, Property development standards — Additional requirements, is
amended to read as follows.
6 The lot averaging provisions of the Poway Municipal Code shall not be
modified to permit increased density or rescinded unless and until such modification or
rescission is approved by ordinance adopted by the voters of the City at a special or
general election, or first approved by the Poway City Council and then adopted by the
voters of the City at a special or general election.
* Editor's Note. This paragraph of PMC 17 08 170(A) was added by Ordinance No
283 and was approved by the voters at a general municipal election on November 8,
1988 The language added shall not be modified or rescinded without the approval of a
simple majority of the City voting at.a special or general election.
Section 10: Subdivisions 1 and 2 of Subdivision E, Miscellaneous, of PMC
Section 17 08 170, Property development standards — Additional requirements, are
amended to read as follows.
1 All utility connections shall be designed to coordinate with the architectural
elements of the site so as not to be exposed except where necessary Pad -mounted
transformers and/or meter box locations shall be included in the site plan with any
appropriate screening treatment. All new and existing utility connections within the
boundaries of the project shall be placed underground. Transformers, terminal boxes,
meter cabinets, pedestals, concealed ducts, and other facilities may be placed above
ground The requirement for undergrounding existing utilities shall not apply to any
overhead power transmission lines in excess of 34 5 kV and long distance and main
trunk communication facilities. The requirement for undergrounding existing utility
connections may be waived or modified by the City Council in accordance with criteria
and provisions for such as adopted by resolution of the City Council.
2. Energy Conservation. Buildings shall be located on the site to provide
adjacent buildings adequate sunlight for solar access The location of a solar collector
shall comply with the accessory building setback regulations. All new construction and
remodeling shall be pre -plumbed for solar hot water heating Buildings shall be
designed to minimize energy consumption requirements, including, but not limited to,
the following conservation measures.
a. Cogeneration,
b South facing windows,
c. Eave coverage for windows,
d. Double glazed windows;
e. Earth berming against exterior walls,
f Greenhouses, and
g. Deciduous shade trees.
Ordinance No 674
Page 9
Section 11. The following subdivision E shall be added to PMC Section
17 08.230, Performance standards in residential zones:
E. Semi trucks and trailers, dump trucks, moving vans and other heavy-duty
commercial vehicles shall not be parked on any residentially zoned lot for a period of
longer than 8 hours
Section 12: Subdivision A of PMC Section 17 08.240, Walls and fences, is
amended to read as follows.
A. A wall, fence, retaining wall, or any combination thereof, shall not exceed six
feet in height except as herein provided. When a retaining wall is used to increase
usable lot area, the sum total of any combination of fence or wall and retaining wall shall
not exceed six feet in height unless a five-foot landscape area is provided between the
retaining wall and fence or wall. A series of retaining walls and fence or wall is allowed
in conjunction with the five-foot landscape area provided each individual fence and wall
or retaining wall shall not exceed six feet in height as conceptually shown in Figure A
below Within the required front yard area, at a minimum, the top two feet of a six-foot
fence or wall shall be constructed of open fencing as conceptually shown in Figure B
below, unless the wall is a retaining wall or additional height is approved for noise
attenuation purposes
STREET
Section 13. Subdivision B of PMC Section 17 08.240, Walls and fences, is
amended to read as follows: •
B A solid wall or fence not more than six feet in height may be maintained
along the interior side or rear lot lines, except as required by PMC 17 08.220(A),
provided, that such wall or fence does not extend into a required front yard except for
noise attenuation as required by the City and as provided in this chapter
Ordinance No 674
Page 10
Section 14. Subdivision F of PMC Section 17 08.240, Walls and fences, is
amended to read as follows.
F Where barbed wire strands, razor wire, or concertina wire (coiled barbed
wire) is placed at the top of a wall or fence, such materials shall maintain a minimum
vertical clearance of six feet above grade, shall extend no more than one foot above the
top of the wall or fence, and shall be maintained in a safe condition. Such strands of
wire shall not be counted in the overall allowable fence height.
Section 15. Retaining walls, which have a walking surface adjacent to the top of
the retaining wall, shall be equipped with open and decorative metal railing on the top of
the retaining wall for safety as deemed necessary by the City Building Official. The
height of the required railing shall not be considered in the overall height measurement
of the retaining wall.
Section 16. The subdivision entitled "Liquor stores" under the subsection
entitled Food and Drink Stores contained in PMC Sectioh 17 10 060, Permitted and
conditional uses — Commercial zones, is amended to read as follows.
Food and Drink Stores
MU
CO
CN
CB
TC
CG
A/GC
Liquor stores (liquor stores are not
permitted within 1,000 feet of any public
school)
C
X
C
C
C
C
C
Section 17. The subsection entitled Service Uses contained in Section
17 10 060, Permitted and conditional uses — Commercial zones, is amended to add the
following uses.
Service Uses
MU
CO
CN
CB
TC
CG
NGC.
Drive-in business, excluding theaters
and restaurants with drive-in or drive-
through facilities
X
X
X
P
P
P
P
Dry cleaner, retail only
P
P
P
P
P
P
P
Internet cafe
P
P
P
P
P
P
P
Section 18: The subdivision entitled Public, Semipublic, and Residential Uses
contained in Section 17 10 060, Permitted and conditional uses- Commercial zones, is
amended to add the following use.
Public, Semipublic and Residential Uses
MU
CO
CN
CB
TC
CG
A/GC
Adult day care center
C
C
C
C
C
C
C
Section 19: The subdivision entitled "Small an mal boarding' under the
subsection entitled Miscellaneous Uses contained in Section 17 10 060, Permitted and
conditional uses- Commercia! zones, is amended to read as follows.
Ordinance No 674
Page 11
Miscellaneous Uses
MU
CO
CN
CB
TC
CG
A/GC
Small animal boarding (See
PMC17 10.140(D) and Chapter 17 34))
X
X
X
C
X
C
C
Section 20: The subdivision entitled Accessory Uses contained in Section
17 10 060, Permitted and conditional uses- Commercial zones, is amended to add the
following:
Accessory Uses
MU
CO
CN
CB
TC
CG
A/GC
Caretaker's living quarters only when
incidental to, and on the same site as, a
permitted or conditionally permitted use
M
X
X
X
X
X
M
Massage service when incidental to, or
in conjunction with, a medical,
chiropractic, or similar health services;
day spas, beauty parlors or barbers
shops; or physical fitness centers
P
P
P
P
P
P
P
Section 21. Subdivision H of Section 17 10 150, Performance Standards — In
Commercial Zones, is amended to read as follows.
H Lighting. The following standards shall apply to all outdoor light fixtures
with the exception of lighting for automated teller machines regulated pursuant to
Division 4 of the California Financial Code, Automated Teller Machines — User Safety
1 All outdoor light fixtures, including but not limited to illuminated signage,
decorative building or landscape lighting, illuminated recreational facilities, and parking
lot lighting within commercial zones, shall be turned off between the hours of 11.00 p.m.
and sunrise, except when used for security purposes, illumination of roadways,
sidewalks, equipment yards and similar safety-related application, or when business
operating hours continue after 11.00 p.m., but only for as long as such business is
open.
2. Automatic timing devices shall be integrated into all new or modified
lighting systems to turn off lights at 11.00 p.m.
3 During the hours from 1100 p.m. until dawn, all exterior lighting shall be
low-pressure sodium except where the City Council has issued an exemption permit to
allow high-pressure sodium lighting. The City Council may issue such exemption
permits where the Council finds that unusual circumstances dictate the use of brighter
lighting for safety reasons.
4 All exterior lighting shall be scheduled so that light rays emitted by the
fixture are projected below the imaginary horizontal plane passing through the lowest
point of the fixture and in such a manner that the light is directed away from streets and
adjoining properties.
5 Illuminators should be integrated with the architecture of the building.
6 Freestanding light posts located on projects which contain less than 15
acres shall be no taller than 18 feet. On projects which are 15 acres or larger in size,
Ordinance No 674
Page 12
freestanding light posts not exceeding 30 feet in height may be permitted provided that
the property is located in an area which is already lighted by street lights or adjacent
development.
7 The intensity of light at the boundary of any commercial zone shall not
exceed 75 -foot lamberts from a source of reflected light.
Section 22: Subdivision B, entitled Agricultural Uses, of Section 17 16 020,
entitled permitted and conditional uses, is amended to read as follows.
MHP
B Agricultural and Animal Uses
1 All types of horticulture P
2. 4-H or FFA animal raising and/or P
keeping in accordance with
PMC 17.26 0300)
3 Keeping of small animals in accordance P
with PMC 17 32.020
4 Keeping of large animals in accordance X
with PMC Chapters 17 32 and 17 33
5 Keeping of up to three dogs and up to three cats P
over the age of four months
6 The keeping of wild, exotic or non-domestic X
animals
7 Keeping of beehives X
8 Raising of earthworms X
Section 23. Subdivision M of PMC Section 17 16 050, Property development
standards — Special requirements, is amended to read as follows
M. All exterior lighting shall be constructed in accordance with PMC
17 08.220(L)
Section 24. Subdivision K of PMC Section 17 18 040, Property development
standards — Special requirements, is amended to read as follows
K. All exterior lighting shall be constructed in accordance with PMC
17 08.220(L) All utility connections shall be designed to coordinate with the
architectural elements of the site so as not to be exposed except where necessary
Pad -mounted transformers and/or meter box locations shall be included in the site plan
with any appropriate screening treatment.
All new and existing utility connections within the boundaries of the project
shall be placed underground Transformer, terminal boxes, meter cabinets, pedestals,
concealed ducts, and other facilities appurtenant to such underground facilities may be
placed above ground. The requirement for undergrounding existing utilities shall not
apply to any overhead power transmission lines in excess of 34,500 volts and long-
Ordinance No. 674
Page 13
distance and main trunk communication facilities. The requirement for undergrounding
existing utility connections may be waived or modified by the City Council in accordance
with criteria and provisions for such as adopted by resolution of the City Council.
Section 25. Subdivision (B)(1) of PMC Section 17.20 030, Property
development standards — General requirements, is amended to read as follows.
B 1 In the event the City Council establishes a planned community zone
without a development plan, the uses, property development standards, performance
standards and the like shall be those of the RR -A, residential rural A zone (see PMC
17 08 090 through 17 08.240) unless the previous zoning is different; then the uses,
property development standards, performance standards and the like shall be those of
the previous zone
Section 26. Subdivision B of PMC Section 17.20 050, Performance standards,
is amended to read as follows
B All exterior lighting shall be constructed in accordance with PMC
17 08.220(L) and 17 10 150(H). Mechanical and electrical equipment, including air
conditioners, antennas, pumps, heating or cooling or ventilating equipment, exterior
lighting, or similar equipment shall be located and operated in a manner so as not to
unreasonably disturb the peace, quiet, and comfort of neighboring residents. Excluding
roof -mounted solar collector panels and decorative exterior lighting, all such equipment
and devices shall be screened from view from any abutting street, and shall not be
located in a street yard
Section 27. The following subdivision F is added to PMC Section 17.20 170 as
follows
F Retaining walls, which have a walking surface adjacent to the top of the
retaining wall, shall be equipped with open and decorative metal railing on the top of the
retaining wall for safety as deemed necessary by the City Building Official. The height
of the required railing shall not be considered in the overall height measurement of the
retaining wall.
Section 28: Subdivision K of PMC Section 17.21 050, General requirements, is
amended to read as follows.
K. Exterior Lighting. All exterior lighting shall be constructed in accordance
with PMC 17 08.220(L) and 17 10 150(H)
Section 29: Subdivision B of PMC Section 17.21 080, Walls and fences, is
amended to read as follows.
B In any required rear or interior side yard area, a wall or fence shall not
exceed six feet in height except as allowed by PMC 17.21 080(E)
Ordinance No 674
Page 14
Section 30: Subdivisions (C)(2), and (D) of PMC Section 17.22.070, Special
requirements, are amended to read as follows:
(C)(2) Site Development Standards The site development standards shall
be consistent with the requirement of the PF zone as indicated in PMC 17.22.050 and
herein. The standards shall be reminiscent and reflective of the early farming and rural
country character of Poway and consistent with the community design element of the
general plan. The site plan should use imaginative, creative, and stimulating
architectural design with special consideration given to the provision of the following
items where appropriate
a. Low -intensity lighting;
b Generous landscaping,
c. Decorative paved walkways,
d. Basic design theme,
e Separation of pedestrian and vehicular rights-of-way;
f Architecturally integrated ground mounted equipment such as
trash receptacles and transformers,
g Bus or transit shelters as determined by the Director of
Development Services,
h. Adequate bicycle and motorcycle parking as determined by the
City Council;
i. Architectural compatibility with on-site and surrounding
structures.
(D) All exterior lighting shall be constructed in accordance with PMC
17 08.220(L) and 17 10 150(H)
Section 31. Subdivision (B) of PMC Section 17.22.100, Walls and fences, is
amended to read as follows.
(B) In any required rear or interior side yard area, a wall or fence shall not
exceed six feet in height except as required by PMC 17.22.100(E).
Section 32: Subdivision (D) of PMC Section 17.23.070, Special requirements, is
amended to read as follows:
(D) All exterior lighting shall be constructed in accordance with PMC
17 08.220(L) and 17 10 150(H)
Section 33. Subdivision (B) of PMC Section 17.23 100, Walls and fences, is
amended to read as follows:
(B) In any required rear or interior side yard area, a wall or fence shall not
exceed six feet in height except as required by PMC 17.23 100(E)
Ordinance No 674
Page 15
Section 34. Subdivisions (H) and (J) of Section 17.28 010, General
requirements for Home Occupations, are amended to read as follows.
H. The required residential off-street parking shall be maintained and any
need for parking generated by the conduct of such home occupation shall be met off the
street.
.J Passenger vehicles only shall be permitted in connection with the conduct
of the home occupation. Passenger vehicles include motorcycles, automobiles, pickup
trucks and vans.
Section 35. The following subdivision K is hereby added to PMC Section
17.28 010, General Requirements, for Home Occupations.
K. A home occupation is not valid unless a current City business certificate
has been obtained pursuant to Chapter 5 02 PMC
Section 36. Subdivision (B) of PMC Section 17 32.010, Keeping of large
animals, is amended to read as follows.
(B) Number of Animals Allowed. The following numbers of animals are the
maximum allowed unless a minor conditional use permit or conditional use permit is
obtained pursuant to PMC 17 08.110(D)
Square Footage of Parcel
Maximum Permitted
In all residential zones
10,000 to 15,000
2
15,001 to 17,000
3
17,001 to 20,000
4
20,001 to 25,000
5
25,001 to 30,000
6
In all zones except the RR -A and RR -B:
30,001 to 35,000
6
35,001 to 1 acre
6
Greater than 1 acre
6/acre to a maximum of 9 animals
In the RR -A and RR -B zones:
30,001 to 35,000
7
35,001 to 1 acre
8
Greater than 1 acre with minor conditional use
permit or conditional use permit
10/acre
In determining the number of animals allowed, the following shall not be
included in the acreage
Ordinance No 674
Page 16
Floodways,
Open space and right-of-way easements.
The offspring of any animal will not be counted among the total animals
permitted until such offspring reaches an age of one year
Section 37. The first paragraph of PMC Section 17 32.020, Keeping of small
animals, is amended to read as follows.
The following regulations are established for the keeping of small animals such
as rabbits, poultry, pigs, goats, sheep, miniature horses, and the like, pursuant to PMC
17 08 110(E)
Section 38: The title of PMC Chapter 17 34 is amended to read as follows.
Chapter 17 34 Kennels
Section 39: PMC Section 17 34 010, Generally, is amended to read as follows.
The following regulations are established for operation and maintenance of
kennels in the residential zones pursuant to PMC 17 08 110(G) and the commercial
zones pursuant to PMC 17 10 060, Miscellaneous Uses, Small animal boarding.
Section 40. The first paragraph of PMC Section 17 35 020, Teen nightclubs, is
amended to read as follows.
Teen nightclubs, and other uses determined to be similar by the Director of
Development Services, operated by a commercial entity, shall be permitted in the CB,
CG, and A/GC commercial zones subject to a conditional use permit and to the
conditions listed in this section.
Section 41. Subdivision F of PMC Section 17 35 020, Teen nightclubs, is
amended to read as follows.
F All activities shall be terminated and the premises cleared of participants
on or before the hour of 1000 p.m. Sunday through Thursday, and 11.00 p.m. Friday
and Saturday
Section 42: Subdivision 28 of PMC Section 17 40 090, Exempt signs, is
amended to read as follows
28 Address numbers for buildings shall be exempt provided they meet the
following height limits. The minimum height is also specified in Chapter 15.24 PMC
Minimum Height
Maximum Hei.ht
a. Residential
Ordinance No 674
Page 17
i. Single family
Four inches
Six inches
ii. Multifamily
Six inches
Six inches
Commercial
Six inches
Eighteen inches
Industrial
Eighteen inches
Twenty-four inches
Section 43. Subdivision 13 of PMC Section 17 40 100, Prohibited signs, is
amended to read as follows.
13 Banners, flags, pennants, and balloons, except for special events as
provided for in PMC 17 40 190 Pennants are allowed only in association with a grand
opening pursuant to PMC 17 40 190(6)(10) or in association with temporary signage for
a motor vehicle dealership pursuant to PMC 17 10 190(C)(5)
Section 44. PMC Section 17 40.250, Signs permitted in industrial zones, is
hereby deleted.
Section 45. Subdivisions E and F of PMC Section 17 40.260, Design standards
designated, are amended to read as follows.
E. Sign Copy The name of the business, use, service and/or identifying logo
shall be the dominant message on the sign. The use of advertising information, such as
lists of products (more than one product), is prohibited. Address numbers are required
to be shown for each business or center on a freestanding sign or, if none exist, on the
building. The area of the address numbers shall not count against the allowable sign
area.
F Relationship to Streets. Signs shall be designed so as not to obstruct any
pedestrian, bicyclist or driver's view of right-of-way A freestanding sign adjacent to a
driveway or street providing vehicular access to an abutting lot or street shall not be
located within 15 feet of the intersection of the driveway and the street right-of-way
and/or shall comply with the design standards for site visibility of the California
Department of Transportation (Caltrans) (see Section 17 08.240(C))
Section 46. Subdivision A of PMC Section 17 42.030, Schedule of off-street
parking requirements, is amended to read as follows
Use Minimum Off -Street Parking Required
A. Administrative and professional 1 space/250 square feet of gross floor
services as listeo in PMC Section 17 10 060, area
except medical, dental and related
health services
Section 47. Subdivision B PMC Section 17 42.030, Schedule of off-street
parking requirements, is amended to read as follows
Use Minimum Off -Street Parking Required
B Shopping centers and general
commercial uses as listed in
PMC 17 10 060, except as noted below.
1 Eating and drinking establishments
a. Fast food restaurants with
drive-in or drive-through
2. Gasoline dispensing and/or
automotive service stations
3 Appliance and/or furniture stores
4 Hotels and motels
a. Retirement hotels
5 Auto and/or truck sales
6 Medical and dental offices or clinics,
veterinary offices or clinics
7 Commercial Recreation Facilities.
a. Bowling alleys, billiard halls
b. Commercial stables
Ordinance No 674
Page 18
1 space/ 300 square feet of gross floor
area
1 space/each 5 seats or 1 space/75
square feet of seating area where there
are no fixed seats, plus one space per
employee
1 space/each 7 seats plus 1 space per
employee and an on-site queue line for
at least 8 vehicles when drive-through is
included
2 spaces for each service bay plus 4
spaces
1 space/500 square feet of gross floor
area
1 space per unit plus 1 space per
Employee
0 6 space per unit plus 1 space per
employee
1 space/400 square feet of gross floor
area
1 space/200 square feet of gross floor
area
5 spaces/alley plus 2 for each
billiard table plus required parking
for other uses on the site
1 space/5 horses boarded on-site
c. Driving range (golf) 1 space/tee plus required parking
for any other uses on the site
d. Golf course (regulation)
e Miniature golf
f Parks (public or private)
Ordinance No 674
Page 19
6 spaces/hole plus required
parking for any other uses on the
site
3 spaces/hole plus required
parking for any other uses on the
site
To be determined by the City
Council
g. Skating rinks 1 space/100 square feet of gross
floor area
h. Tennis, handball, and
racquetball facilities
3 spaces/court plus required
parking for additional uses
on the site
i. Theaters
(1) Motion picture 1 space/5 seats plus 5 spaces for
employees
(2) Playhouse 1 space/5 seats plus 1 space per
employee
j. Physical fitness centers 1 space/200 square feet of gross
floor area
Section 48: Subdivision C of PMC Section 17 42.030, Schedule of off-street
parking requirements, is amended to read as follows:
Use
C Public and Semipublic Uses
1 Day nurseries, day care or preschools
Minimum Off -Street Parking Required
1 space/staff member plus 1
space/5 enrollees or 1 space/10
enrollees if adequate drop-off
facilities are provided Drop-off
facilities must be designed to
accommodate a continuous flow
of passenger vehicles for safe
loading and unloading. The
adequacy of drop-off facilities
proposed shall be determined by
the City Council.
Ordinance No 674
Page 20
2. Convalescent and/or nursing homes 1 space/4 beds plus 1 space per
the highest employee shift
3 Hospitals
4 Educational institutions, public or private
a. Elementary and junior high school
b Senior high schools
c. Colleges and vocational schools
d. Churches, convents,
monasteries, other religious
institutions, and other places
of public assembly
To be determined by the City
Council. Applicant shall submit a
parking study
2 spaces/classroom
1 space/faculty member and
employee plus 1 space/6
students
0 5 spaces/faculty member and
employee plus 1 space/3
students
1 space/3 seats within the main
auditorium or 1 space/45 square
feet of gross floor area
within the main auditorium where
there are no fixed seats
5 Public utilities To be determined by the City
Council
6 Libraries, public or private 1 space/250 square feet of gross
floor area
Section 49: Subdivision F of PMC Section 17 42.030, Schedule for off-street
parking requirements, is amended to read as follows:
F Accessible Parking Requirements. Accessible parking requirements are
established by the State. The parking standards contained in this chapter are identical
to those established by the State at the time of the adoption of the ordinance codified in
this title Any future changes in the State accessible parking standards would preempt
the requirements given in this chapter
1 Accessible parking for residential uses shall be provided at the rate of one
space for each dwelling unit that is designed for such occupancy
2. Accessible parking spaces shall be provided for all uses other than
residential at the following rate
Ordinance No 674
Page 21
Total number of Parking Spaces Minimum Number of
in Parking Lot or Parking Garage Required Accessible Parking Spaces
1-25 1
26-50 2
51-75 3
76-100 4
101-150 5
151-200 6
201-300 7
301-400 8
401-500 9
501-1,000 Two percent of total
1,001 and over Twenty plus one for each 100, or fraction
thereof over 1,001
3 Accessible parking spaces required by this section shall count toward
fulfilling automobile parking requirements.
Section 50: Subdivision E of PMC Section 17 42.060, Property development
standards — Special requirements, is amended to read as follows.
E. All parking facilities shall have lighting in accordance with the current City
standards. The lighting shall be designed and installed so as to confine direct rays to
the site. Freestanding light posts located on projects which contain less than 15 acres
shall be no taller than 18 feet. On projects which are 15 acres or larger in size
freestanding light posts not exceeding 30 feet in height may be permitted provided that
the property is located in an area which is already lighted by street lights or adjacent
development. Parking lot lights shall be directed away from all property lines and shall
be low-pressure sodium as described in PMC 17 08.220(L) and 17 10 150(H)
Section 51. Subdivision (G)(2) of PMC Section 17 42.060, Property
development standards — Special requirements, is amended to read as follows.
G 2. If motorized or non -motorized vehicles are to be parked, stored, or kept on
the lot, as permitted in PMC 17 42.060(G)(1), they must be for the personal use of the
resident.
Section 52: PMC Section 17 46 090, General plan consistency and alternate
classification in lieu of proposed classification, is amended to read as follows
When the Council determines, following a public hearing on a change in the
boundaries of any zone, that a change to a zone classification other than the proposed
classification specified in the hearing notice is desirable, the Council may adopt an
alternate classification to a proposed classification in accord with the following schedule.
Ordinance No 674
Page 22
Proposed Land
Use Category In
Public Hearing
Alternate Zone That May Be Considered
RR -A through C
OS -R, OS -RM
RS -1
RR -A through C, OS -R, OS -RM
RS -2
RR -A through C, OS -R, OS -RM
RS -3
RR -A through C, RS -2, OS -R, OS -RM
RS -4
RR -A through C, RS -2, RS -3, OS -R, OS -RM
RS -7
RR -A through C, RS -2, RS -3, RS -4, OS -R, OS -RM
RC
RR -A through C, RS -2, RS -3, RS -4, RS -7, OS -R, OS -RM
RA
Any other R zone, OS -R, OS -RM
CO
None
CN
None
CB
None
MU
CB, TC
CG
CO, TC, A/GC
A/GC
CG
TC
CG
MHP
RS -7, RC
OS -R
None
OS -RM
None
PRD
RR -A through C, OS -R, OS -RM
PC
RR -A and existing underlying zone
HC
None
PF
None
In order to more properly accommodate these alternate zone classifications, the
notice of public hearing shall indicate the alternate classifications, if any, which the City
Council could consider
Section 53. Amend PMC Section 17 48 150, Annual review, to read as follows
Conditional use permits and minor conditional use permits shall be subject to
annual review by the Director of Development Services for compliance with the
conditions of approval and to address concerns that may have occurred during the past
year If the Director determines the use is not in compliance with the conditions of
approval, the required annual review shall be set for a public hearing before the City
Council, to consider modification or revocation of the use permit.
Ordinance No 674
Page 23
Section 54. Amend PMC Section 17 52.040, Review and evaluation, to read as
follows.
The Director shall review and evaluate the development plans that are submitted
in accordance with the following guidelines:
A. Scope. The Director shall review and evaluate development plans for
conformance with the development review standards and criteria set forth in the
pertinent sections of the zoning ordinance.
B Modifications Required for Approval of the Development Plan. The Director
may specify modifications, changes, and additions to the development plan in his
recommendation or requirements for its approval. Such recommendations may be
suggested by the Director to eliminate or mitigate significant adverse environmental
effects disclosed by any environmental impact report or modifications, changes and
additions that are necessary to meet the purpose of this chapter
C Improvements Required for Approval of the Development Plan. The
Director shall ensure that all development plans provide for on-site and off-site
improvements which may be required to implement the purposes of this chapter the
zoning ordinance, the general plan and all policies of the City Council.
D Affordable Housing Set -Aside Residential apartment development review,
the application for which was not complete until after the effective date hereof, shall
provide that 15 percent of the units created shall be set aside for low-income housing by
recorded deed restriction providing such set-aside Such a development review project
which does not so provide shall be denied as inconsistent with the housing element of
the general plan.
Section 55. Amend the first paragraph of PMC Section 17 52.100, Revocation
or modification of development review approval for cause, to read as follows.
A development review approval may be revoked or modified by the approving
authority for cause as provided by the provisions of this chapter For purposes of this
chapter, the modification of a development review approval may include the
modification of the terms of the development review approval itself or the waiver,
alteration, or imposition of new conditions pursuant to PMC 17 52.090
Section 56. This Ordinance shall be codified
Ordinance No 674
Page 24
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 the 6th day of May 2008, and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the 20th day of May 2008
Michael P Cafa
ATTEST
Salam Hasenin, City Clerk
Ordinance No 674
Page25
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I, Salam Hasenin, City Clerk of the City of Poway, do hereby certify that the
foregoing Ordinance No 674, was duly adopted by the City Council at a meeting of said
City Council held on the 20th day of May 2008, and that it was so adopted by the
following vote
AYES BOYACK, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSENT EMERY
DISQUALIFIED NONE
i
'Salam Hasenin, City Clerk
City of Poway
Ordinance No 674
Page25
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I, Salam Hasenin, City Clerk of the City of Poway, do hereby certify that the
foregoing Ordinance No 674, was duly adopted by the City Council at a meeting of said
City Council held on the 20th day of May 2008, and that it was so adopted by the
following vote
AYES BOYACK, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSENT EMERY
DISQUALIFIED- NONE
!Salam Hasenin, City Clerk
City of Poway