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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