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.