Ord 252ORDINANCE NO. 252
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
AMENDING SECTIONS 17.08, 17.10, 17.12, 17.22, 17.30,
17.35, 17.36, 17.44, AND 17.48 OF TITLE 17
(ZONING DEVELOPMENT CODE)
OF THE POWAY MUNICIPAL CODE
(MINOR CONDITIONAL USE PERMIT)
WHEREAS, the City Council periodically finds it necessary to
amend Title 17 (Zoning Development Code) of its Municipal Code to
respond to changing conditions in the City; and
WHEREAS, the City Council would like to distinguish between
those proposed conditional uses that would have minimal impact upon
City services, facilities, and adjacent properties and uses which
have potentially more impact; and
WHEREAS, the City Council held a duly advertised public hearing
to provide interested parties the opportunity to address the pro-
posed amendment.
NOW, THEREFORE, BE IT ORDAINED that the City Council does
hereby adopt the following amendment as part of Title 17 (Zoning
Development Code) of the Poway Municipal Code.
Section 1:
Amendments to Chapter 17 of the Municipal Code is hereby
established and shall read as follows by a dashed underline for
additions and a strikeout for deletions. The amended sections
of Chapter 17 are 17.08, 17.10, 17.12, 17.22, 17.30, 17.35,
17.36, 17.44, and 17.48.
17.08.090 PERMITTED AND CONDITIONAL USES: R ZONES
The following uses shall be permitted; uses where the symbol "P"
appears and uses subject to a conditional use permit where the
symbol "C" appears and uses sub~e~t_t
mit where the symbol "$"_ap_p~a~s in the column beneath each zone
designation; the symbol "X" indicates prohibition:
17.08.100 RESIDENTIAL USES
B. Guest houses (see Sub-
section D of Section
17.08.190)
RR-A thru C RS-2 RS-3 RS-4 RS-7 RC RA
e! e! e! e! e! e, et
ordinance No. 252
Page 2
17.08.110
AGRICULTURAL USES
RR-A thru C RS-2 RS-3 RS-4 RS-7 RC RA
B. Animal grazing and raising
commercial or noncommercial,
said property must be 1/2 acre
or greater in size in Zones
RS-3 through RA. (Subsection
E and F of this section shall
not apply).
J. The keeping of wild,exotic or
nondomestic animals.
P P e! e! e! et et
et x x x x x x
L. Keeping of beehives: 1. 1 to 3 beehives
2. 4 or more beehives
M. The raising of earthworms
providing: (a) the area devoted
to the raising of earthworms
shall not exceed 10 percent of
the minimum lot size permittted
in the zone; (b) the area
devoted to the raising of
earthworms shall be no closer
than 50 feet from any adjoining
residential dwelling; and (c)
the operation shall be fully
enclosed or in an enclosed
structure.
17.08.120 PUBLIC AND SEMI-PUBLIC USES
P et x x x x x
eT_ e_Y x x x x x
P eT_ e! x x x
RR-A thru C RS-2 RS-3 RS-4 RS-7 RC RA
A. Day nurseries, day care
schools and nursery schools
in single-family detached
dwellings:
2. Seven to twelve
children including
those who reside at
the facility (*see
Section 17.48.010).
C~ C* C~ C* C* C* C*
T-* t~ T-* t~ T-* T_* ti
ordinance No. 252
Page 3
17.08.140 ACCESSORY USES
RR-A thru C RS-2 RS-3 RS-4 RS-7 RC RA
B. Accessory structures and
uses located on the same
site as a conditional use.
D. Private recreational courts eS
with exterior lighting including
but not limited to, tennis,
paddle tennis and other
uses determined to be similar by
the Planning Services Director
(see Chapter 17.30).
C~ADTER 17.10 COMMERCIAL ZONES
17.10.060 PERMITTED AND CONDITIONAL USES: C ZONES
The following uses shall be permitted uses where the symbol "P"
appears,and shall be permitted uses subject to a conditional use
permit where the symbol "C" appears, and uses subject to a minor con-
ditional use ~ermit where the symbol ~S~ ap~oears in the column
~e~e~t~ ~a~h~zone designation; 'where the sym~o~ "X" appears the use is
prohibited.
17.10.080 GENERAL COMMERCIAL USES CO
6. Arcades and electronic games
(see Chapter 17.36)
7. Athletic and Health Club
19. Contracter and service uses
subject to the following:
A. No more than four vehicles
B. vehicles must be straight-body
trucks no greater than 25 feet
in length
C. Vehicle storage area must be
fully screened
D. Outdoor storage of materials
is prohibited
CN CG CC
C P P P
X X C X
X C C X
17.10.080 GENERAL COMMERCIAL USES (cont)
21.
24.
26.
29.
35.
46.
Eating and drinking establishments
A. Bars (no entertainment)
B. Night clubs, cabarets,
restaurants, coffee shops,
delicatessens:
1. with alcoholic beverages
and/or entertainment
2. with beer and wine
and/or entertainment
3. without alcoholic beverage
but including entertainment
4. without alcoholic beverage
and without entertainment
C. Snack bars, take-out only,
refreshment stands contained
within a building
D. Fast food restaurants with
drive-in or drive through
E. Private clubs or lodges
Florists shops
Fortunetelling
Hardware stores
Kiosks, including, but not limited
to photo sales located in the
parking lot
Reverse vendin~ machines and
recycling drop-off bins located
in the parking lot or other suit-
able area with property owners
permission, other than charitable
or school sponsored permitted by
Chapter 17.26
17.10.100 ACCESSORY USES
e
Accessory structures and uses
located on the same site as a
Conditional Use
ordinance No. 252
Page 4
CO CN CG CG
X X X X
C X C C
C C P P
C P P P
P P P P
P P P P
C C C x
et_ e,_ et_ et_
e~_ P P P
x x c x
x P P eT_
e,_ ef x
ef e! ef ef
CO CN CG CC
Ordinance No. 252
Page 5
C~APTER 17.12 MANUFACTURING ZONES
17.12.040 PERMITTED AND CONDITIONAL USES: M ZONES
The following uses shall be permitted uses where the symbol "P"
appears and shall be permitted uses subject to a conditional use
permit where the symbol "C" appears, and shall be permitted uses sub-
~ect to a minor conditional use ~ermit where the s~mbol "~" ~p_p~a~s_
in the column beneath each zone designation. Where the symbol "X"
appears the use shall be prohibited.
17.12.060 STORAGE AND WHOLESALE TRADES
G. Recycling center (collection onl~l
H. Recycling/Processing Center
17.12.070 SERVICES
Go
MP MS
x e*_
X C
MP MS
Eating and drinking establishments
1. Bars X C
2. Nightclubs, cabarets, restaurant, coffee
shops, delicatessens:
a. With alcoholic beverages and/or C C
entertainment.
b. Without alcoholic beverages, but C C
including entertainment.
c. Without alcoholic beverages and P P
without entertainment.
3. Snack bars, take-out only, refreshment
stands contained within a building.
4. Fast food restaurants with drive-in or X X
drive-through.
5. Private clubs or lodges. X ~
17.12.100 ACCESSORY USES
C. Watchman's or caretaker's living quarters only
when incidental to and on the same site as a
permitted or conditional use.
CHAPTER 17.22 OS - OPEN SPACE ZONE
17.22.020 PERMITTED AND CONDITIONAL USES: OS ZONE
The following uses shall be permitted uses where the symbol "P"
appears and shall be permitted uses subject to a conditional use
permit where the symbol "C" appears, and shall be permitted uses sub-
~ect to a minor conditional use Rermit where the s~nnbol '"~" ap. pears.
Where the symbol "X" appears, the use is prohibited.
ordinance No. 252
Page 6
17.22.020 PERMITTED AND CONDITIONAL USES: OS ZONE
Q. Retail commercial in conjunction with historic structures
and recreation uses
OS
x. 1. Keeping of 1-3 beehives P
2. Keeping of 4 or more beehives e~
C~APTER 17.30 RECREATIONAL COURTS
17.30.010 GENERAL
B. Private recreational courts with exterior lighting may be per-
mitted as an accessory use in single-family zones subject to
the approval of a minor conditional use permit and to required
findings by the City Council in accordance with Section
17.48.070.
APTER 17.35 TEEN CENTERS
17.35.010 GENERAL
Teen centers and other uses, determined to be similar by the
Director of Planning Services, operated by a non-profit organiza-
tion, service club, or youth services organization, shall be per-
mitted in all zones subject to a minor conditional use permit and
to the conditions listed in this ~e~tlon.
CHAPTER 17.36 ARCADES
17.36.020 CONDITIONS
Arcades may be permitted only in the CG (Commercial General) zone
subject to a minor conditional use permit and to the conditions
listed in thi~ ~e~tion.
C~APTER 17.44 NONCONFORMING USESw STRUCTURESw SCREENING~
PERFORMANCE STANDARDS
17.44.090 EXCEPTIONS TO PROVISIONS FOR ELIMINATION OF NONCONFORMING
USES AND STRUCTURES
In an "R" zone, a nonresidential use that is a permitted use or
a conditional use in the CO or CN one may be continued and a
minor conditional use permit may be granted for expansion of
the floor area or the site area occupied by the use by not more
than a total of ten (10) percent in any five (5) year period.
Ce
Ordinance No. 252
Page 7
In a CG zone, a use that is a permitted use or a conditional
use in any C zone or any M zone may be continued and a minor
conditional use permit may be granted for expansion of the
floor area or the site area occupied by the use by not more
than a total of ten (10) percent in any five (5) year period.
C~APTER 17.48 CONDITIONAL USE PERMIT REGULATIONS
17.48.010 PURPOSE
A. 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 or a Minor Conditional Use Permit.
Because of their unusual characteristics, conditional uses
require special consideration so that they may be located pro-
perly 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
conditions upon the granting of Conditional Use Permits or a
Minor Conditional Use Permit.
17.48.020 APPLICATION DATA AND MAPS REQUIRED
Application for a Conditional Use Permit or a Minor Conditional Use
Permit shall be filed with the Planning Services Director on a form
prescribed by the Planning Services Director and shall include the
following data and maps:
17.48.030 APPLICATION - FEE
ae
The application shall be accompanied by a fee established by
Resolution of the City Council to cover the cost of handling
and processing the application as prescribed in this Section.
Be
The Director of Plannin_g Services may_ad_va_nc_e_th_e_re_quirement
for a minor conditional use Rermit to a conditional use Re~-
mit or lower the requirement for a conditional use Rermit to a
minor conditional use Rermit for conditional uses as are_
prescribed in the zone regulation and based u_pon the
f~lio~i~q~c~i~e~i~.-- -- --
1. Public benefit
2. Imp~c~ u_p~n_p~blic services and facilities
~._ _Im_p~c~ u_pRn_a~j~c~n~ Rro_p~r~i~s
4. Floor or site s~uare foot~g~
5. Intensi~y of use
6. _ORe~a~isg. characteristics
Ordinance No. 252
Page 8
17.48.040 PUBLIC HEARING
The City Council shall calendar a public hearing on each applica-
tion for a Conditional Use Permit or a Minor Conditional Use
Permit. The hearing shall be set and notice given as prescribed in
Section 17.46.050 (Public Hearing by City Council). At the public
hearing, the Council shall receive pertinent evidence concerning
the proposed use and the proposed conditions under which it would
be operated or maintained, particularly with respect to the find-
ings prescribed in Section 17.48.070.
17.48.060 CITY COUNCIL ACTION
ao
Within 21 days following the closing of the public hearing on
the Conditional Use Permit or Minor Conditional Use Permit
a_pRlication, the City Council shall act on the application.
The Council may grant by Resolution a Conditional Use Permit ~r
a Minor Conditional Use Permit as the permit was applied for or
in modified form, or the application may be denied. A
Conditional Use Permit or a Minor Conditional Use Permit may be
revocable, may be granted for a l~m~t~d--t~me period, or may be
granted subject to such conditions as the Council may prescribe.
Conditions may include, but shall not be limited to:
17.48.070 FINDINGS
The City Council shall make the following findings before granting
or modifying a conditional use permit or a minor conditional use
permit-.
ao
Bo
Ce
The the proposed location size, design, and operating charac-
teristics of the proposed use is in accord with the title and
purpose of this ordinance, the purpose of the zone in which the
site is located, the Poway General Plan, and the development
policies and standards of the City.
That the location, size, design, and operating characteristics
of the proposed use will be compatible with and will not adver-
sely affect or be materially detrimental to adjacent uses, resi-
dents, buildings, structures, or natural resources.
That the harmony in scale, bulk, coverage, and density is con-
sistent with adjacent uses.
D. That the public facilities, services, and utilities are
available.
ordinance No. 252
Page 9
17.48.070 FINDINGS (cont.)
Ee
Fo
Jo
That there will not be a harmful effect upon desirable neigh-
borhood characteristics.
That the generation of traffic will not adversely impact the
capacity and physical character of surrounding streets and/or
the Circulation Element of the General Plan.
That the site is suitable for the type and intensity of use or
development which is proposed.
That there will not be significant harmful effects upon environ-
mental quality and natural resources.
That there are no other relevant negative impacts of the pro-
posed use that cannot be mitigated.
That the impacts, as described in subsections A through I of
this section, and the proposed location, size, design and
operating characteristics of the proposed use and the conditions
under which it would be operated or maintained will not be
detrimental to the public health, safety or welfare, or
materially injurious to properties or improvements in the vici-
nity nor be contrary to the adopted General Plan.
Ke
That the proposed Conditional Use will comply with each of the
applicable provisions of this ordinance, except for approved
variances.
17.48.080 LAPSE OF A CONDITIONAL USE PERMIT
A Conditional Use Permit or a minor conditional use permit shall
lapse and shall become void one year following the date on which
the Use Permit was approved, unless prior to the expiration of
one year:
A building permit is issued and construction is commenced
and diligently pursued toward completion on the site which
was the subject of the use permit application.
A certificate of occupancy is issued for the structure
which was the subject of the Use Permit application.
The site is occupied in accordance with the conditional
use, if no building permit or certificate of occupancy is
required.
ordinance No. 252
Page 10
C .......... ~ USE PERMIT (cont)
17.48.080 LAPSE OF A .... Tm ...... .
Be
4. The use which was the subject of the Use Permit application
is commenced, provided that a Use Permit for a public
utility installation may be valid for a longer period if
specified by the City Council.
A Conditional Use Permit or a Minor Conditional Use Permit sub-
ject to lapse may be renewed for an additional period of one
year, provided that prior to the expiration date, an application
for renewal of the Use Permit is filed with the Director of
Planning Services on the prescribed form and accompanied by the
necessary data and fees.
C. The Council may grant or deny an application for renewal of a
Conditional Use Permit or a Minor Conditional Use Permit.
Approval may be for a period other than that requested by the
applicant.
D. If the use, business, or service for which the Conditional Use
Permit or a Minor Conditional Use Permit was issued terminates
or ceases operation for a continuous period of time in excess of
one hundred and eighty (180) calendar days except for:
1. Destruction or damage by acts of God.
2. Destruction or damage by malicious acts.
3. Remodeling or rehabilitation requiring prolonged closure,
such remodelin~ or rehabilitation shall be continuou~l~
~n~ ~i~i~estl_y_p~rsued.
The e~ use Permit shall expire; the permit shall thereafter
be of no further force or effect.
17.48.090 PRE-EXISTING CONDITIONAL USES
Bo
Alteration or expansion of a pre-existing m_a~o~,_m~nRr con-
ditional use shall be permitted only upon the granting of a
conditional use permit as prescribed in this Section.
Alterations or expansions of less than 10,000 square feet or 25
Rercent of The existing- ~q~a~e fSo~a-e-o~ ~i~e 'o~ ~u~l~i~g
area~ whichever is more restrictiv~,_shall be Rermitted upRn
~r~nting of a mlnor conditional .u~e_p~r~i~. ~
M~n~r--a~t~r~t~ons as determined by the Director o~ P±ann~ng
Services shall be permitted without the granting of a
~ Use Permit.
ordinance No. 252
Page 11
17.48.090 PRE-EXISTING CONDITIONAL USES (cont.)
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A minor conditional use permit shall be required for the
reconstruction of a structure housing a pre-existing conditional
use if the structure is destroyed by fire or other calamity, by
act of God, or by the public enemy to a greater extent than 50
percent. The extent of damage or partial destruction shall be
based upon the ratio of the estimated cost of restoring the
structure to its condition prior to such damage or partial
destruction to the estimated cost of duplicating the entire
structure as it existed prior thereto. Estimates for this pur-
pose shall be made by or shall be reviewed and approved by the
City Engineer and Building official and shall be based on the
minimum cost of construction in compliance with the Building
Code.
17.48.110 SUSPENSION AND REVOCATION
If in the opinion of the Director of Planning Services, a violation
of any applicable provision of this ordinance; or, if granted sub-
ject to conditions, upon failure to comply with conditions; or that,
as a result of evidence now available and not available at the prior
hearing when permit was granted and could not have been obtained
with reasonable diligence at that hearing, the findings made, pur-
suant to Section 17.48.070 can no longer be made; or that the permit
was obtained by fraud, a Conditional Use Permit or a minor con-
ditional use p~r~i~ shall be set for public hearing for possible
revocation. The City Council shall hold a public hearing within 40
days, in accordance with procedure prescribed in Section 17.48.040
(Public Hearing). If the City Council is not satisfied that the
regulation, general provision, or condition is being complied with,
they may revoke the L~ Use Permit or take such action as
may be necessary to ensure compliance with the regulation, general
provision, or condition. The decision shall become final on the
date set by the City Council unless request for rehearing has been
filed within the prescribed period, in which case Section 17.46.080
(City Council Action Final - Rehearing) shall apply.
17.48.150 ANNUAL REVIEW
Conditional use Rermits and minor conditional use Rermits shall be
subject to annual review b~ the Director of Planning Services for
~_o~pliance ~i~h' t~e''c~nd~tio~s''o~P~r~v~l' a~d''t~ ~d~r~s~ ~o~c~r~s
that ma_y. have occurred durin~ the Rast year. If the ~ermit is not
in comRliance with the 'c~n~iti~n~ of--_a~pr_o~a~,_or the Plannisg
Services Department has received comRlaint~,_the reqaired annual
review shall be set for a public hearing before the cit~ Council,
t-o' cSn'si~eF mo~i~i~a~i~n--oF~e~o~a~i5n~ %7 ~h~ ~se ~er~m~t. -
Ordinance No. 252
Page 12
Section 2: The city Council of the City of Poway hereby finds
that this amendment is 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 this amendment 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 summary publica-
tion procedures pursuant to Government Code Section 36933 utilizing
the Poway News Chieftain, a newspaper of general circulation
published in the City o~ Poway.
Introduced and first read at a regular meeting of the City
Council of the City of Poway held the 15th day of December, 1987,
and thereafter PASSED AND ADOPTED at a regular meeting of said City
Council held the 5th day of January, 1988 by the following roll
call vote:
AYES:
COUNCILMEMBERS: BRANNON, HIGSIN$0N, KRUSE, IAR7¥, EMERY
NOES: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Marjorie ~. Wahlsten, City Clerk
0/0-12-15.1-12