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Ord 175ORDINANCE NO. 175 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA AMENDING CERTAIN SECTIONS OF TITLE 17 (ZONING DEVELOPMENT CODE) OF THE POWAY MUNICIAL CODE WHEREAS, the City Council periodically finds it necessary to amend Title 17 (Zoning Development Code) of its Municipal Code in response to changing conditions within the City; and WHEREAS, the City Council held a duly advertised public hearing to provide interested parties the opportunity to address the proposed amendments. NOW THEREFORE BE IT ordained that the City Council hereby adopt the following amendments as part of Title 17 (Zoning Develoment Code) of the Poway Municipal Code: SECTION 1: Amendments to the following sections of the Municipal Code are hereby established and shall read as shown in Attachment 1 by a dashed underscore for addition: 17.10.080.26 - Fortunetelling 17.48.010.C - Conditional Use Permit 17.22.050.B - Open Space Zone - Development Standards for Hospitals 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 Zoning Development Code. SECTION 3: The City Council of the City of Poway hereby finds that these amendments 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 before the expira- tion 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 1st day of October 1985, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 15th day of October, 1985 by the following roll call vote: AYES: COUNCILMEMBERS: Kruse, Oravec, Shepardson, Tarzy, Emery NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Marjorie K. Wahlsten, City Clerk Robert C. Emery, May~/ CHAPTER 17.10 COMMERCIAL ZONES (cont.) 17.10.080 General Commercial Uses (cont.) CO CN CG CC 22. Equipment rental yards including, X X C but not limited to, trucks, trailers, hitches and service thereof 23. Feed and tack stores (no outdoor X P P storage and/or display except as permitted by Section 3.3) 24. Florists shops C P P 25. Food stores and supermarkets, X P P drug stores with and/or without pharmacies 26. Fortunetellinq X X C 27. Furniture stores, with or without X P P repair and upholstery (no outdoor storage and/or display except as permitted by Section 17.10.150) 28. Gasoline dispensing and/or X C C automotive service stations 29. Hardware stores X P P C 30. Hobby shops X P P 31. Hotels and motels subject to the X X C following: a. no more than 25 percent of the rooms shall have kitchen facilities. b.a swimming pools shall be provided. c. rooms shall be for transient lodging only (30 days or less) with the exception of on-site manager residence. 32. Janitorial services and supplies X P P 33. Jewelry stores X P P X X 34. Junior department, department X X P stores, discount department stores and membership department stores, 35. Kiosks, including, but not X C C limited to photo sales located in the parking lot P X ATTACHMENT 1 CHAPTER 17.48 CONDITIONAL USE PERMIT REGULATIONS SECTION 17.48.010 PURPOSE In order to give the use regulations the flexibility necessary to achieve the objectives of this ordinance, in certain zones conditional uses are permitted, subject to the granting of a Conditional Use Permit. Because of their unusual characteristics, conditional uses require special consideration so that they may be located properly with respect to the objectives of the zoning development regulations and with respect to their effects on surrounding properties. In order to achieve these purposes, the City Council is empowered to grant and to deny applications for use permits for such conditional uses in such zones as are prescribed in the zone regulations and to impose reasonable condtions upon the granting of Conditional Use Permits. As required by Section 1597.35 et seq. of the California Health and Safety Code, in the case of day nurseries, day care schools, and nursery schools in areas zoned for single family dwellings and having 7 to 12 children (including the children who reside at the facility), the Director of Planning Services is empowered as a representative of the City Council to grant, deny, or otherwise act upon the use permit as described in 17.48.010 above and in succeeding Sections of the Conditional Use Permit Regulations. However, if a public hearing is requested by the applicant or other affected persons all authority related to said permit revert to the City Council. When the subject of the ~pRlication for a conditional use Rermit is protected_b~ the First Amendment to the United Sates Constitution: (1) onl~ the definite~ Rb~ective ~u~delines and standards of this ChaRter shall_aRp~yI (2) no ~e~eral health~ safe~yz ~n~ ~e~f~r~ ~e~uirement shall ~pRl~;_ !3! ~h~e~uirements of Subsections A(12) and A(15) of Section 17.48.060 shall not ~pRl~;_ (4) the requirements of Subsections ~,_G~ ~,_and J of Section 17.48.070 shall not ~pRl~; the requirements of this ~ha_pter which ma~ not be constitutionall~ a_PRlied shall be severed from the r~qRirements which m~y. be constitutional~y_aRplied and those a_pRlicable shall remain in full force and effect. 17.22.050 Property development standards--Special requirements. In an open space zone, the number of permitted large animals shall conform to the requirements of Section 17.32.020, Chapter 17.34, 17.36 and 17.38 and; provided further, that no such animals are kept closer than one hundred feet to an adjoining dwelling. (Ord. 113 §l(Exh. A 5.4.3(A), 1983). Be For hospitals the standards for building, construction shall be in accordance with sections 17.10.130 A-J using the CO standards and Sections 17.10.140~ 17.10.150, 17.10.160~ and 17.10.170. 17.22.060 Off-street parking. A. Off-street parking facilities shall be provided for each use as prescribed in Chapter 17.42. (Ord. 113 §(Exh. A 5.4.4), 1983) 17.22.070 Walls and fences. ae Walls or fences within fifteen feet of property lines, within drainage courses, or across established animal traverses require minor development review by the Director of Planning Services prior to construction. (Ord. 113 §1 (Exh. A 5.4.5), 1983) 17.22.080 Signs. No sign, outdoor advertising structure, or display or any character shall be permitted except as prescribed in Section Chapter 17.40. (Ord. 113 §1 (Exh. A 5.4.6), 1983) Sections: 17.26.010 17.26.020 17.26.030 17.26.040 17.26.050 17.26.060 17.26.070 Chapter 17.26 SPECIAL USES AND CONDITIONS I. GENERAL PROVISION Applicability. II. TEMPORARY USES Purposes. Temporary uses listed. Permits and bonds. Extension or modification of limitations. Condition of site following temporary usage. Fee 17.26.010 Applicability.