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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.) Ce 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