Ord 172ORDINANCE NO. 172
AN ORDINANCE OF THE CITY OF POWAY, C. Ar.lWORNIA
AMEb~)ING SECTIONS OF TITLE 8 AND TITLE 17
OF THE POWAY ~UNICIPAL CODE
WHEREAS, the City Council periodically finds it necessary to amend its
Municipal Code in response to changes in State law and changing conditions
within the City related to technology and land development issues; and
WHEREAS, the City Council held a duly advertised public b~ring to provide
interested parties the opportunity to address the proposed amendments.
NOW, THEREFORE, BE IT ORDAINfD that the City Council does hereby adopt the
following amendments to the Poway Mnnicipal Code:
Section 1: Amendments to the following sections of the Municipal Code are
hereby established and shall read as shown in Exhibit A by a dashed underline
for addition or modification:
8.08.040 - Sound Level Limit
17.080.200.G - Washers/Dryers in the RC and RA Zones
17.080.220.A - Walls and Fences (Residential Zone)
17.10.080.10 - Barber Shops/Beauty Shops (Cc~mercial Zones )
17.10.080.21.B - Nightclubs (C~,-~ercial Zones )
17.10.080.39 - Nurseries/C~rden Supply Stores (C~ercial Zones )
17.10.170 .A - Walls and Fences (Om'~',l'ercial Zones )
17.12.170.A - Walls and Fences (Manufacturing Zones)
17.42.050.C - Parking Space Sizes
Section 2: The City Council of the City of Poway hereby finds that these
amendments are consistent with the General Plan and the intent and purpose of
the Municipal Code.
Section 3: The City Council of the City of Poway hereby finds that these amend-
ments will not cause significant adverse impacts on the environment and issues a
Negative Declaration.
EFFECTIVE DATE: This ordinance shall take effect and be in force thirty
(30) days after the date of its passage; and the City Clerk of the City of Poway
is hereby authorized to use s~L%'t'~ry publication procedures pursuant to Govern-
ment Code Section 36933 utilizing the Poway News-C~ieftain, a newspaper of
general circulation published in the City of Poway.
Introduced and first read at a regular m~cting of the City Council of the
City of Poway held the 13th day of August, 1985, and thereafter PASSED A5~)
ADOFI~D at a regular meeting of said City Council held the 27th day of August,
1985, by the following roll call vote:
AYES: GOUNCII/4f~4BERS: KRUSE, ORAVEC, SHEPARDSON, TARZY, EMERY
Marjorie~. Wahlsten, City Clerk
8.08.50
Zone
Applicable Limit
One-hour Average
Sound Level
(in decibels)
DA, RR-A, RR-B, RR-C,
RS-2, RS-3, RS-4,
RS-7, PRD, PC and
regulations with a
density of less than
eleven dwelling units
or less per acre.
10 p.m. to 7 a.m.
7 a.m. to 10 p.m.
40
40
RA, RC, MHP, PRD, RSC
and PC regulations
with a density of
eleven or more dwell-
ing units per acre.
7 a.m. to 7 p.m.
7 p.m. to 10 p.m.
10 p.m. to 7 a.m.
55
50
45
CO, CN, CG, CC
7 a.m. to 7 p.m.
7 p.m. to 10 p.m.
10 p.m. to 7 a.m.
60
55
55
MS, MP Anytime 70
The sound level limit at a location on a boundary between two zoning
districts is the arithmetic mean of the respective limits for the two
districts; provides, however, that the noise level limit applicable to
extractive industries, including but not limited to borrow pits and
mines, shall be the noise level limit applicable to the M-3 zone
regardless of where the extractive industry is actually located.
Fixed location public utility distribution or transmission facilities
located on or adjacent to a property line shall be subject to the
noise level limits of this section, measured at or beyond six feet
from the boundary of the easement upon which the equipment is located.
(Ord. 29 §1 (part), 1981: CC§36.404)
8.08.050 Motor vehicles. Provisions for motor vehicles shall be
as follows:
A. Repairs of Motor Vehicles. It is unlawful for any person
within the City to repair, rebuild, or test any motor vehicle in such
a manner as to cause disturbing, excessive or offensive noises as
defined in subdivision 7 of subsection A of Section 8.08.020.
B. On-highway. Violations for exceeding applicable noise level
limits as to person operating motor vehicles on a public street or
highway in the City shall be prosecuted under applicable California
Vehicles Code provisions and front or street side yards unless needed
for noise attenuation and/or privacy.
ATTACHMENT 1
17.08.210
B. Where a lot fronts on more than one street it shall be con-
sidered to have multiple frontages and be required to meet the front
yard setback requirement on all street frontages.
C. When a RC and/or RA lot is adjacent to any singlefamily zone,
a minimum fifteen feet of landscaping shall be maintained on the RC
and/or RA lot between such uses.
D. No less than ten percent of the floor area shall be provided
as private open area per ground floor unit and for units contained
wholly on the second story.
E. A minimum of two hundred and fifty cubic feet of lockable,
enclosed storage per unit shall be provided in the garage or carport
area; substitutions may be approved by the City Council.
F. The following recreation facilities shall be provided at a
minimum unless waived by the City Council:
1. Landscaped parklike quiet area;
2. Children's play area;
3. Family picnic area; and
4. Swimming pool with cabana or patio cover.
G. A minimum of one clothes washer and one clothes dryer per ten
dwelling units located conveniently throughout the development. In
the RC zone, the provision of one clothes washer and one clothes dryer
hookup per dwelling unit shall meet the aforementioned requirement.
H. Individual trash areas, screened from view of the roadway,
shall be provided for each dwelling unit in the RC zone; conveniently
located trash enclosures, per City standards, shall be provided for
dwelling units in the RA zone.
I. A minimum of fifty trees per net acre shall be required as
part of the landscaping requirements; twenty percent shall be twenty-
four-inch box size or larger, seventy percent shall be fifteen-gallon
size and ten percent shall be five-gallon size.
J. Recreation vehicle parking areas shall be provided, fully
screened from view or the development shall prohibit all parking of
recreation vehicles. (Ord. 125, 1984; Ord. 113 §l(Exh. A 2.3(B)),
1983)
17.08.210 Accessory structures. A. Accessory Buildings and
Structures. Accessory buildings and structures, attached or detached,
used either wholly or in part for living purposes, shall meet all of
the requirements for location of the main structure as constructed or
required by the zone, whichever is less restrictive; except as pro-
vided in this subsection:
1. Accessory buildings or structures that are attached to
the main building shall be allowed to encroach into the required rear
yard setback up to one-half of the distance.
2. A detached accessory structure shall meet the setback
requirements of the main building for the front and street side yard
areas.
EXHIBIT A
17.08.220
3. A detached accessory structure may be located within an
interior side yard or rear yard; provided, that such structure is
located no closer than five feet to an interior side or rear lot line
and is at least ten feet from the main structure.
B. Canopies, Patios and Breezeways. Canopies, patios and breeze-
ways attached to the main building or connecting the main building
with a detached accessory building, may extend into a required rear or
interior side yard; provided, that portions of such structures
extending into the yard:
1. Shall not exceed fifteen feet in height or project closer
than five feet to an interior side yard or closer than ten feet ~t the
rear lot line;
2. Shall be entirely open on at least three sides for )atios
and canopies except for necessary supporting columns. A roof con-
necting a main building and an accessory building shall be open )n two
sides.
C. Other Structures. Porches, steps, architectural feature~,
such as eaves, awnings, and chimneys, and balconies, stairways, "~ing
walls or bay windows may project not more than four feet into an'
required front or rear yard area, nor into any required side yarl area
more than onehalf of said required side yard. (Ord. 113 Sl(Exh. A
2.4), 1983)
17.08.220 Walls and fences. Requirements for walls and fen:es in
residential zones shall be as follows:
A. In any required front yard or side yard adjacent to a st:eet,
a wall or fence shall not exceed forty-eight inches in height, e:(cept
as provided in this title. In the required front or exterior si~e
~a~d~ where a retainin~ wall is used to increase useable lot a~e~,_a
fence or wall not exceedin~ ~o~t~-~i~ht inches ma_~ also be e~ect~d
~rovided that said fence or wall is set back a minimum of five f~e~
·
.~ain-
from the retainin~ wall.
B. A wall or fence not more than six feet in height may be
rained along the interior side or rear lot line, except as requi:ed by
subsection A of Section 17.08.200; provided, that such wall or fence
does not extend into a required front yard or side yard adjacent to a
street except for noise attenuation as required by the City and as
provided in this title.
C. A wall or fence adjacent to a driveway or street providing
vehicular access to an abutting lot or street shall not exceed forty-
eight inches in height within fifteen feet of the intersection of said
driveway and the street right-of-way. Corner cutoffs may be required
in special circumstances for safety and visibility. (See examples on
following page).
EXHIBIT A
17.10.080
17.10.080 Permitted and conditional uses--General commercial uses.
General commercial uses in commercial zones shall be as follows:
CO CN CG CC
Adult business as defined in
Sections 17.04.040 through
17.04.085 (See Chapter 17.38)
X X P X
Antique shops (no outdoor
storage and/or display except
as permitted by Section
17.10.150)
X P
3. Apparel stores
X P
0
Art, music and photographic
studios and supply stores
P X
P P
Appliance stores and repair
(no outdoor storage and/or
display except as permitted
by Section 17.10.150)
X P P P
Arcades and electronic games
(see Chapter 17.36)
X P P P
7. Athletic and health club
X C
Automobile and/or truck
services, including, but not
limited to body repair, paint
lng, and carwashes (within a
completely enclosed building);
sales, rental agencies
C P
9. Bakeries, retail only
10. Barbershops and beauty shops
11. Bicycle shops, nonmotorized
12.
Blueprint and photocopy
services when operated in
conjunction with a profes-
sional office of engineering,
Dlanning, surveying, archi-
tecture drafting
C X
P P
13. Boat and camper sales and
services
X X C C
X P P P
P P P P
X P P P
P P P P
X X C X
EXHIBIT A
CHAPTER 17.10 COMMERCIAL ZONES (cont.)
17.10.080 General Commercial Uses (cont.)
13. Boat and camper sales and services
14. Book and gifts
15. Candy stores and confectionaries
16. Catering establishments
17. Cleaners' including dry cleaning
with or without cleaning
machinery on-site
18. Commercial Recreation Facilities
not otherwise listed
19. Contractor and service uses
subject to the following:
A. No more than 4 vehicles
B. Vehicles must be straight body
trucks or van no greater than
25 feet in length
C. Vehicle storage area must be
fully screened
D. Outdoor storage of materials
is prohibited
20. Convenience stores
21. Eating and drinking establishments
ae
Bars (no entertainment) X
Night clubs, cabarets,
restaurants, coffee shops,
delicatessens:
1. with alcoholic beverages C
and/or entertainment
2. with beer and wine C
and/or entertainment
3. without alcoholic beverage C
but including entertainment
4. without alcoholic beverage P
and without entertainment
CO CN CG CC
C. Snack bars, take-out only, P
refreshment stands contained'
within a building
~ D. Fast food restaurants with C
drive-in or drive through
E. Fast food restaurants with C
drive in or drive-through
in conjunction with a
~~ ~,,~ 1 nnm~nf I'VU I I~ I"1'
X X C X
X P p p
X P p p
X P P p
X P p p
X C C C
X X C X
X P P X
X X X
X C C
C P P
P P P
P P P
P P P
C C X
C C C
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
Food stores and supermarkets,
drugstores with and/or without
pharmacies
Furniture stores, with or
without repair and upholstery
(no outdoor storage and/or
display except as permitted by
Section 17.10.150)
Gasoline dispensing and/or
automotive service stations
Hardware stores
Hobby shops
Hotels and motels
Janitorial services and
supplies
Jewelry stores
Junior department, department
stores, discount department
stores and membership depart
ment stores
Kiosks, including, but not
limited to photo sales located
in the parking lot
Liquor stores
Mortuaries
Motorcycle sales and services
including motorized bicycles
Newspaper and magazine stores,
including printing and pub-
lishing
Nurseries and garden supply
stores; provided, all equip-
ment and supplies shall be kept
within an enclosed area
~'VLI I I'~ I*?'
17.10.080
CO CN CG CC
X C C X
'X P P C
X P P P
X X P P
X P P X
X P P P
X X P P
X C C X
X P P P
C C P X
X X C C
X P P P
C P P P
X P P P
X P P P
17.10.160--17.10.180
Copies of all such tests shall be furnished to the Director of
Planning Services.
N. Energy Conservation. Buildings shall be located on the site
to provide adjacent buildings adequate sunlight for solar access. All
new construction and remodeling shall be preplumbed for solar hot
water heating for the increase energy demand may be approved by the
City. Buildings shall be designed to minimize energy consumption
requirements, including, but not limited necessarily limited to, the
following conservation measures: 1. Cogeneration;
2. South facing windows;
3. Eave coverage for windows;
4. Double glazed windows;
5. Earth berming against exterior walls;
6. Greenhouses; and
7. Deciduous shade trees.
0. In all C zones the conversion of the project to condominium
ownership shall meet all requirements of the zone to the maximum
extent possible within the constraints of the existing development.
In no case shall the requirements of the Fire Code, sign ordinance,
and screening standards be waived. Specific City Council waiver shall
be required where the zone requirements cannot be met. (Ord. 113
§l(Exh. A 3.3), 1983)
17.10.160 Accessory structures. Accessory structures in commer-
cial zones shall be as follows:
A. In any C zone, accessory structures shall not be located in
front of or on the street side of the main building(s).
B. In any C zone, accessory structures shall meet all of the set-
back requirements for main buildings.
C. In any C zone, porches, steps, architectural features such as
canopies or eaves, and chimneys, balconies or stairways may project
not more than four feet into any required yard area. (Ord. 113
§l(Exh. A 3.4), 1983)
17.10.170 Walls and fences. Wall and fence requirements in com-
mercial zones shall be as follows:
A. In any required front or street side yard area, a wall or
fence shall not exceed forty-eight inches in height. In the r~quired
front or exterior side_y~r~,_where a retaining wall is used to
increase useable lot are~, a fence or wall not exceedi~g_fRr~yLe_ig~t
inches in he~g~t_m~y_a_lsR ~e_e~r~c_te~Rrovided that said fence or
wall is set back a minimum of five feet from the retaining wall.
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 sub-
section B of Section 17.10.150. (Ord. 113 Sl(Exh. A 3.5), 1983)
17.10.180 Signs. Sign requirements in commercial zones shall be
as follows: No sign or outdoor advertising structure shall be per-
mitted in any C zone except as provided in Chapter 17.40. (Ord. 113
Sl(Exh. A 3.6), 1983)
EXHIBIT A
17.12.170--17.14.020
stairways may project not more than four feet into any required
yard area.
D. In any M zone, accessory structures shall be no taller than
fifteen feet in height. (Ord. 113 Sl(Exh. A 4.4), 1983)
17.12.170 Walls and fences. Walls and fences in manufacturing
zones shall be as follows:
A. In any required front yard area, a wall or fence shall not
exceed forty-eight inches in height. In the reqRired front or
exterior side_y~r~,_where a retainin~ wall is used to increase
useable lot are_a,_a fence or wall not exceediRg_fRr_tyLe_ig~t
inches in he~g~t_m~ also be errected Rrovided that said fence or
wall is set back a minimum of five feet from the retaininq wall.
B. In any required rear or interior yard area, a wall or fence
shall not exceed eight feet in height. (Ord. 113 §l(Exh. A 4.5),
1983)
17.12.180 Siqns. Signs in manufacturing zones shall be as
follows: No sign or outdoor advertising structure shall be per-
mitted in any M zones except as provided in Chapter 17.40. (Ord.
113 §l(Exh. A 4.6), 1983)
Chapter 17.14
LM LOW AND MODERATE INCOME COMBINING ZONE
Sections:
17.14.010
17.14.020
17.14.030
Purposes.
Property development standards--General require-
ments.
Application and designation.
17.14.010 Purposes2 A. The LM, low and moderate income com-
bining zone is intended to preserve the cost of housing and those
constructed as low and moderate units.
B. These regulations are to be combined with those of the base
zone to ensure that, upon resale of low and moderate income
dwellings constructed under the requirements of Government Code
Section 65915, said housing will continue to be made available to
low and moderate income people at the prevailing regional median
income. (Ord. 113 §l(Exh. A 5.0.1), 1983)
17.14.020 Property development standards--General require-
ments. A. Prior to the sale, resale or occupancy of units
constructed under Government Code Section 65915, the developer
shall be required to record with each deed a notice of sale clause
providing written acknowledgement from the City that the sale,
resale or occupancy is.within the
EXHIBIT A
17.42.040--17.42.050
17.42.040 Property development standards--Generally. The pro-
perty development standards set out in Sections 17.42.040 and
17.42.030 shall apply to all land, buildings, and uses authorized
by the zoning development ordinance. (Ord. 113 §l(Exh. A
8.3(part)), 1983)
17.42.050 Property develoDment standards--General require-
ments. The following are minimums unless otherwise stated:
A. Residential (in feet):
1. Covered in a garage or carport, ten feet by twenty
feet, each space,
2. Uncovered, nine feet by eighteen and one-half feet,
each space;
B. Parallel parking spaces, eight by twenty-two feet, each
space;
C. All others, eight and one-half feet by eighteen and one-
half feet, each space; where ~p~ces are located at the end of
p~r~iRg aisles which are terminated ~y_landscaRiRg~ buildiRg~,_o_r
other structures~ such_sRaces shall be nine and one-half feet wide
t~ Rrovide additional room for maneuvering. --
D. One-way traffic, double-loaded aisles:
parking Bay Width
Angle Bay Width
(in degrees) (in feet)
30 43
45 50
60 56
90 62
E. One-way traffic, single-loaded aisles:
EXHIBIT