Ord 721ORDINANCE NO. 721
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
AMENDING CHAPTER 17.26, ARTICLE II, PERTAINING TO TEMPORARY USES
WHEREAS, Title 17 of the Poway Municipal Code is known as the Zoning
Ordinance and contains standards for development within the City as well as standards
to ensure the public's health, safety and welfare; and
WHEREAS, Chapter 17.26 proposes minor modifications to the approval process
for issuance of certain temporary uses;
WHEREAS, the proposed changes will streamline the development review
process and issuance of Temporary Use Permits in the application of the Zoning
Ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
Section 1: The City Council finds that the adoption of this Ordinance is exempt from
the provisions of the California Environmental Quality Act (CEQA) pursuant to Section
15061(b)(3) of the CEQA Guidelines because it pertains to minor modifications to the
approval and issuance of temporary use permits in the Zoning Ordinance and that there
is no possibility this will have a significant effect on the environment.
Section 2: Chapter 17.26 entitled Special Uses and Conditions is amended as
follows:
17.26.020 Purpose.
The provisions of this chapter shall be known as the temporary use regulations and
shall provide regulations for the uses enumerated in this chapter. Where this chapter
prescribes regulations more restrictive than the zone in which a use or conditional use is
permitted, the provisions of this chapter shall apply. Temporary uses are subject to
approval by the Director of Development Services. (Ord. 518, 1999; Ord. 113 §§ 1 (Exh.
A 6.0.1), 5, 1983; Ord. 100 § 1, 1983)
17.26.030 Temporary uses listed.
The following temporary uses maybe approved:
A. Circuses, carnivals, rodeos, parades or similar outdoor entertainment or
enterprises, subject to not more than five calendar days of operation in any
calendar year. Requests exceeding these time limitations may be granted by the
Director of Development Services upon written request, subject to a minor
development review application and noticing requirements pursuant to Section
17.26.080.
B. Christmas tree sales lots, Halloween pumpkin sales, and other holiday sales
subject to not more than 40 calendar days of site occupation and operation in any
calendar year;
C. Religious, patriotic, historic, or similar displays or exhibits within yards, parking
areas, or landscaped areas, subject to not more than 28 calendar days of display in
any calendar year;
D. Outdoor art and craft shows and exhibits, subject to not more than three calendar
days of operation or exhibition in any 60 calendar day period;
E. Parking lot and sidewalk sales, other than outdoor displays pursuant to PMC
17.10.190 and located within commercially zoned properties, not to exceed five
calendar days in any 60 calendar days and subject to appropriate conditions. A
qualified business conducting a special promotional parking lot sales event may
request additional time for the parking lot sale subject to the following:
1. The Director may approve a special promotional parking lot sales event for up to
a maximum of 34 days for a single event and up to four such events in a twelve-
month period with a minimum of 30 days between events, subject to noticing
requirements pursuant to Section 17.26.080.
F. Entertainment attractions such as tethered balloon rides, bands, etc., may be
permitted for not more than 15 days per year provided they are safe and do not
unreasonably impact neighbors. On -site broadcasting. of a mobile radio show shall
not constitute "entertainment" and is permitted provided that neighbors are not
unreasonably impacted by the event;
G. Off -site sales events may be approved for the sale of motor vehicles, recreational
vehicles and /or boats;
H. Seasonal retail sale of agricultural products (fruit and vegetable stands) for periods
of less than 90 days, if said products are raised on the premises;
For any agricultural or animal husbandry activity or project (4 -H, FFA, or similar)
conducted for educational purposes or school credits, a permit may be granted in
any district when the Development Services Director determines that such use will
not cause a public nuisance relative to sanitation and health conditions;
J. Special events, such as horse shows, at a commercial stable when authorized by
the conditional use permit or minor conditional use permit;
K. Charitable or school sponsored drop -off bins for recycling of cans, newspapers, or
similar items, for drop -off of clothes and small items. Bins shall be located in the
parking lots of businesses within the CG or CN zones when written permission is
granted by the property owner or business owner. The bins shall be kept in a neat
and orderly manner;
L. Charitable special events, including fund raising tours in residential neighborhoods
and craft fairs and similar events in residential neighborhoods, shall be limited to a
two -day duration and no more than twice per year. Written notification of adjacent
property owners shall be required prior to the event;
M. Temporary use of property for mobile trailer units for uses including, but not limited
to, classrooms, offices, and banks, for periods not to exceed 180 days, subject to a
minor development review application approved by the Director of Development
Services and subject to noticing requirements pursuant to Section 17.26.080.
Requests for such uses for more than 180 days in duration requires approval of a
minor conditional use permit. All such units shall meet all necessary requirements
of zoning, building, fire and health codes;
N. Contractors' offices and storage yards on the site of an active construction project;
O. Mobile home residences for security purposes on the site of an active construction
project;
P. Subdivision sales offices and model home complexes located within the
subdivision, subject to the following minimum requirements:
1. Offices shall be no closer than one vacant lot to an existing dwelling unit not
part of the subdivision, trailers may be used for no more than 90 calendar
days or until such time as the subdivision sales offices have been completed,
whichever is less,
2. An A.C. paved parking lot shall be provided with sufficient parking spaces to
accommodate said use,
3. Offices shall be allowed for a maximum of two years or until 90 percent of
the homes within the subdivision are sold whichever is less. Annual review
for compliance with conditions of approval may be required,
4. Faithful performance bonding in an amount appropriate to guarantee
removal and /or conversion of the sales office and attendant facilities shall be
required, and
5. Other conditions that the Director of Development Services deems
necessary to assure that the sales office will not constitute a nuisance or be
objectionable to the residential uses in the neighborhood;
Q. Temporary sheltering of homeless persons by qualified churches or synagogues.
Sheltering periods shall be limited to two -week durations, no more than twice per
year and at no closer than three -month intervals. "Qualified churches and
synagogues" are defined as those possessing a valid conditional use permit. The
following guidelines shall apply:
1. Only 12 individuals may be sheltered at any given time by a participating
institution,
2. Maximum length of stay within the program is limited to six weeks total, two
weeks maximum at each church,
3. Homeless persons shall remain on church property only during the hours of
5:00 p.m. to 8:00 a.m. and must be supervised by church personnel during
those hours;
R. Outdoor food preparation accessory to a restaurant or food store use, within
commercially zoned properties not to exceed five calendar days in any 60 calendar
days and subject to applicable conditions of the Development Services Department.
S. Additional uses determined by the Director of Development Services to be similar to
the foregoing. (Ord. 661 §§ 3, 4, 5, 2007; Ord. 580 § 3, 2003; Ord. 540 § 4, 2001;
Ord. 518, 1999; Ord. 443, 1995; Ord. 432 § 2, 1994; Ord. 255 § 1, 1988; Ord. 113
§§ 1 (Exh. A 6.02), 5, 1983; Ord. 100 § 1, 1983)
17.26.040 Permits and bonds.
A. All temporary uses shall be subject to the issuance of a temporary use permit by
the Development Services Director and other necessary permits and licenses,
including but not limited to building permits, sign permits, and solicitor's or vending
licenses.
B. In the issuance of a temporary use permit, the Development Services Director shall
indicate the permitted hours of operation and any other conditions, such as walls or
fences and lighting, which are deemed necessary to reduce possible detrimental
effects to surrounding developments and to protect the public health, safety and
welfare.
C. Prior to the issuance of a permit for a temporary use, except those listed under
PMC 17.26.030 (F), (G), (K) and (L), a cash deposit may be required to be
deposited with the City. This cash deposit shall be used to defray the costs of
cleanup of the property by the City in the event the permittee fails to do same. (Ord.
661 § 6, 2007; Ord. 518, 1999; Ord. 113 §§ 1 (Exh. A 6.0.3), 5, 1983; Ord. 100 § 1,
1983)
D. The decision of the Development Services Director may be appealed to the City
Council pursuant to Chapter 2.20, Administration Appeals.
17.26.050 Extension or modification of limitations.
Unless otherwise specified in this chapter, upon written application, the Development
Services Director may extend the time within which temporary uses may be operated, or
may modify the limitations under which such uses may be conducted if the
Development Services Director determines that such extension or modification is in
accord with the purposes of the zoning regulations. (Ord. 661 § 7, 2007; Ord. 518,
1999; Ord. 113 §§ 1 (Exh. A 6.0.4), 5, 1983; Ord. 100 § 1, 1983)
17.26.060 Condition of site following temporary usage.
Each site occupied by a temporary use shall be left free of debris, litter, or any other
evidence of the temporary use upon completion or removal of the use, and shall
thereafter be used only in accord with the provisions of the zoning regulations. (Ord.
113 §§ 1 (Exh. A 6.0.5), 5, 1983; Ord. 100 § 1, 1983)
17.26.070 Fee.
The application shall be accompanied by a fee established by resolution of the City
Council to cover the cost of processing the application prescribed in this chapter. This
fee may be waived by the approving authority for charitable groups that do not need any
public services. (Ord. 113 § 1 (Exh. A 6.0.6), 5, 1983; Ord. 100 § 1, 1983)
17.26.080 Noticing Requirements.
For those temporary uses identified in Sections 17.26.080 (A), (E), and (M), as requiring
noticing, the following shall apply.
A. A notice of pending decision shall be mailed to all property owners of property
contiguous to the subject property, and those separated by a public or private
street; and
B. A posted notice shall be displayed at all entrances to the subject property.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30)
days after the date of this passage; and before the expiration 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 this 21st day of June 2011, and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the 5th day of July 2011.
ATTEST:
a . Troyan, MMC, City Clerk
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify that
the foregoing Ordinance No. 721, was duly adopted by the City Council at a meeting of
said City Council held on the 5th day of July 2011, and that it was so adopted by the
following vote:
AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
and A. Troyan, MMC, City Clerk
Ci of Poway