Ord 100ORDINANCE NO. 100
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
AMENDING IN ITS ENTIRETY SECTION 6100
THROUGH AND INCLUDING SECTION 6118 OF
THE ZONING ORDINANCE.
WHEREAS, it is the desire of the City Council of the City of Poway to
establish reasonable requirements for the administration of Temporary Uses
within Poway;
WHEREAS, the current Zoning Ordinance Section 6100 through and
including Section 6118 does not adequately address Temporary Uses for
the City of Poway;
WHEREAS, a duly advertised public hearing has been held and testimony
both pro and con has been taken; and
WHEREAS, the City Council has considered the environmental assessment
regarding this amendment and issued a Negative Declaration;
NOW, THEREFORE the City Council of the City of Poway, California does
ordain as follows:
SECTION 1
Sections 6100 through and including Sections 6118 are
hereby amended in entirety to read:
SECTION 1.0 TITLE AND PURPOSE
The provisions of this Section shall be known as the Temporary Use
Regulations and shall provide regulations for the uses hereinafter
enumerated. Where this Section prescribes regulations more
restrictive than the zone in which a use or conditional use is
permitted, the provisions of this Section shall apply. Temporary
uses are subject to approval by the Director of Planning
Services, except as noted in Section 1.1A.
SECTION 1.1 TEMPORARY USES
ae
Circuses, carnivals, rodeos, parades or similar outdoor
entertainment or enterprises, subject to not more that (5)
five calendar days of operation in any calendar year.
Requests exceeding these time limitations will require the
submittal and approval of a conditional use permit. Approval
of such events shall require City Council action.
Be
Christmas tree sales lots, Halloween pumpkin sales, and other
holiday sales subject to not more than forty (40) calendar
days of site occupation and operation in any calendar year.
Ce
ORDINANCE NO. 100
Page 2
Subdivision sales offices and model home complexes located
within the subdivision, subject to the following minimum
requirements:
Offices shall be no closer than one vacant lot to
an existing dwelling unit not part of the subdivision,
trailers may be used for no more than ninety (90)
calendar days or until such time as the subdivision sales
offices have been completed whichever is less;
2. An A.C. paved parking lot shall be provided with
sufficient parking spaces to accommodate said use;
Offices shall be allowed for a maximum of two years or
until ninety (90) percent of the homes within the
subdivision are sold whichever is less. Annual Review
for compliance with conditions of approval may be
required.
4e
Faithful performance bonding in an amount appropriate to
guarantee removal and/or conversion of the sales office
and attendant facilities shall be required; and
Other conditions that the Director of Planning Services
deems necessary to assure that the sales office will not
constitute a nuisance or be objectionable to the
residential uses in the neighborhood.
Religious, patriotic, historic, or similar displays or
exhibits within yards, parking areas, or landscaped areas,
subject to not more than eight (8) calendar days of display in
any calendar year.
Outdoor art and craft shows and exhibits, subject to not more
than three (3) calendar days of operation or exhibition in any
sixty (60) calendar day period.
Contractors' offices and storage yards on the site of an
active construction project.
Mobilehome residences for security purposes on the site of an
active construction project.
Outdoor display and sales located within commercially zoned
properties not to exceed more than five (5) calendar days in
any sixty (60) calendar days and subject to appropriate
conditions of the Planning Services Department.
ORDINANCE NO. 100
Page 3
Seasonal retail sale of agricultural products (fruit and
vegetable stands) for periods of less than ninety days, if
said products are raised on the premises.
Temporary use of properly-designed mobile trailer units for
classrooms, offices, banks, etc. for periods not to exceed
ninety days subject to Minor Development Review. Requests
for such uses of more than ninety days in duration shall
require the approval of a Conditional Use Permit by the City
Council. Such units shall meet all necessary requirements of
building, fire, and health codes.
For any agricultural or animal husbandry activity or project
(4-H, FFA, or similar) conducted for educational purposes or
school credits, a permit may be granted in any district when
the Planning Services Director determines that such use will
not cause a public nuisance relative to sanitation and health
conditions.
ne
Charitable or school sponsored drop-off bins for recycling of
cans, newspapers, or similar items, for drop-off of clothes
and small items. Bins shall be located in the parking lots of
businesses within the C-36 Zone or other public or semi-
public property on a temporary basis when written permission
is granted by the property owner or business owner. Said bins
shall be kept in a neat and orderly manner.
Me
Additional uses determined to be similar to the foregoing in
the manner prescribed by Section 1008 of the Zoning
Ordinance.
SECTION 1.2 PERMITS AND BONDS
Ail temporary uses shall be subject to the issuance of a Temporary
Use Permit by the Planning Services Director and other necessary
permits and licenses, including but not limited to building
permits, sign permits, and solicitors or vending licenses. In the
issuance of such a permit, the Planning 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.
Prior to the issuance of a permit for a temporary use, except
those listed under C, F, G, K, and L above, a cash deposit may be
required to be deposited with the City. This cash deposit shall
be used to defray the costs of clean-up of the property by the
City in the event the permittee fails to do same.
ORDINANCE NO. 100
Page 4
SECTION 1.3 EXTENSION OR MODIFICATION OF LIMITATIONS
Upon written application, the Planning 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 Planning Services Director determines that such extension
or modification is in accord with the purposes of the zoning
regulations.
SECTION 1.4 CONDITION OF SITE FOLLOWING TEMPORARY USAGE
Each site occupied by a temporary use shall be left free of
debris, litter, or any other evidence of the temporary use upon
completion or removal of the use, and shall thereafter be used
only in accord with the provisions of the zoning regulations.
SECTION 1.5 FEE
The application shall be accompanied by a fee established by
Resolution of the City Council to cover the cost of processing the
application prescribed in this section. This fee may be waived by
the approving authority for charitable groups that do not need any
public services.
SECTION 2
The City Council of the City of Poway, California hereby finds
that this amendment will not have a significant effect upon the
environment and issues a Negative Declaration for this amendment.
SECTION 3
If any portion of this Ordinance should be determined to be
unconstitutional or otherwise unenforceable by a court of
competent jurisdiction, the remaining portions of this Ordinance
shall continue in full force and effect.
SECTION 4
This Ordinance shall take effect and shall be in force thirty (30)
days after the date of its passage; before the expiration of
fifteen (15) days after its passaage, 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.
Ordinance No. 100
Page 5
Introduced and first read at an adjourned regular meeting of the City
Council of the City of Poway held the 10th day of May, 1983, and thereafter
PASSED AND ADOPTED at a regular meeting of said City Council held the 17th
day of May, 1983, by the following roll call vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: EMERY, KRUSE SHEPARDSON
TARZY, ORAVEC
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
Linda Oravec, Mayor
ATTEST:
Marjorie! K% Wahlsten, City Clerk