Ord 540ORDINANCE NO. 540
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
AMENDING CHAPTERS 17.04, 17.10 AND 17.26
OF THE POWAY MUNICIPAL CODE PERTAINING TO
OUTDOOR DISPLAY IN THE MU, CO, CN, CB, TC, CG, A/CC
ZONING DISTRICTS AND THE SOUTH POWAY COMMERCIAL LAND USE
DESIGNATION WITHIN THE CITY
(ZOA 01-02)
WHEREAS, at the October 19, 1999 City Council Workshop, the City Council
reviewed proposed guidelines for outdoor display of merchandise in the City's commercial
zones and directed staff to rework the guidelines and establish a permit process for Council
review at a future workshop; and
WHEREAS, at the February 10, 2000 City Council Workshop, the City Council
reviewed the revised guidelines and permit process for the outdoor display of merchandise
on private property in the City's commercial zones and directed staff to prepare an
amendment to the Zoning Development Code to better regulate the time, place and
manner of the use of outdoor display by owners of retail businesses within all of the
commercial zones for Council review at a future workshop; and
WHEREAS, at the January 11, 2001 City Council Workshop, the City Council
reviewed the draft ordinance for outdoor display of merchandise on private property in the
City's commercial zones and directed staff to schedule the item for public hearing; and
WHEREAS, the City desires to facilitate outdoor display on private property in
commercial zones while minimizing the aesthetic impacts; and
WHEREAS, the City Council finds that this amendment is consistent with the
General Plan; and
WHEREAS, on June 5, 2001, the City Council held a duly advertised public hearing
to solicit comments from the public, both pro and con, relative to this amendment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
Section 1: The City Council finds that the proposed Zoning Ordinance amendment is
Categorically Exempt from the requirements of the California Environmental Quality Act
(CEQA) pursuant to CEQA Guidelines Section 15311, Class 11 exemption, because it
would allow accessory outdoor display of merchandise to existing commercial
establishments.
Section 2: Chapter 17.04 of the Poway Municipal Code is amended to add the following
definitions:
Eo
Ordinance No. 540
Page 2
Antique means any collectible, object of art, bric-a-brac, curio, household furniture
or furnishing offered for sale upon the basis, express or implied, that the value of
the property, in whole or substantial part, is derived from its age or from its historical
associations.
Antique shop means any place of business engaged in the business of buying and
selling, trading or accepting for sale on consignment antiques.
Junk means any combustible or noncombustible waste including, but not limited to,
trash, refuse, paper, glass, cans, bottles, rags, fabrics, bedding, ashes, trimmings
from lawns, shrubbery or trees, except when used for mulch or like agricultural
purposes; household refuse other than garbage; used lumber, metal, plumbing
fixtures, bricks, building stones, plaster, wire or like materials from the demolition,
alteration or construction of buildings or structures; used tires or inner tubes, auto,
aircraft or boat parts; plastic or metal parts or scraps; damaged or defective
machinery, whether or not repairable; and damaged or defective toys, recreational
equipment or household appliances or furnishings, whether or not repairable.
Outdoor display means the display of goods or merchandise for sale on private
property outside of a building in a manner that is incidental to and a part of the
operation of the adjacent indoor use. Excluded from this definition is the accessory
display of vehicles for a vehicle sales or rental business for which a business
certificate has been issued.
Outdoor storage and/or sales area means a legally established permanent storage
and/or sales area that is not intended to be visible for advertising purposes.
Temporary outdoor sales means outdoor sales events or promotions of a limited
duration or frequency. Such events include, but are not limited to parking lot sales,
tent sales, and seasonal promotional events. These events are subject to the
Temporary Use Permit requirements of Section 17.26.030.E. of the Poway
Municipal Code.
Section 3:
Section 17.10.150.J. is amended to read as follows:
Outdoor Storage and/or Sales Areas. Outdoor storage and/or sales areas
shall be entirely enclosed by solid masonry walls not less than six feet in
height to adequately screen view of outdoor storage areas from view.
Reasonable substitutions such as masonry, wood or metal pilasters with
wrought iron or chain link and view-obscuring material may be approved by
the City Council. Excluded from this provision is outdoor display, as allowed
pursuant to Section 17.10.190 of this Chapter.
Section 4:
Ordinance No. 540
Page 3
Section 17.10.190 is added to Chapter 17.10 as follows:
17.10.190 Outdoor Display
Requests for outdoor display of limited merchandise in excess of the time limitations
of Section 17.26.030.E of this title may be considered subject to the approval of an
outdoor display permit by the Director of Development Services, or a Minor
Conditional Use Permit by the City Council as specified below. The intent of this
section shall be to provide for the outdoor display of merchandise, where it can be
demonstrated that such display can be reasonably integrated into the site and
architectural designs at the location, and maintain the City's goals to provide for
quality, attractive, commercial development. The following standards shall apply to
any proposed outdoor display located within the MU, CO, CN, CB, TC, CG or A/GC
zoning districts, including areas with those zoning designations within the Poway
Road Specific Plan area, the Old Poway Specific Plan area, and commercial uses
on property designated South Poway Commercial within the South Poway Specific
Plan area.
A. Permit Required. Prior to the outdoor display of any goods or merchandise, a
permit is required as indicated below.
Outdoor Display Permit. An outdoor display permit, issued by the
Director pursuant to Section 17.10.190.C for the outdoor display of the
following is required unless otherwise specified. The Director is
authorized to approve, conditionally approve with reasonable conditions,
or to deny such request. The Director may establish conditions and
limitations to minimize detrimental effects on surrounding properties. An
application for an outdoor display permit shall be made to the Director on
such form as may be prescribed.
a. Antiques
b. Artwork
c. Bicycles
d. China and glassware
e. Clothing
f. Crafts
g. Flowers and plants
Ordinance No. 540
Page 4
h. Produce
i. Hardware
j. Jewelry
k. Newspapers, magazines or books
I. Propane tank exchange units for barbecues
m. Sporting goods
If the outdoor display proposed is for goods or merchandise not
authorized by Section 17.10.190.A.1, is not a prohibited display item
contained in Section 17.10.190.C, or cannot comply with the Display
Performance Standards as indicated in Section 17.10.190.B., and the
Director determines that unique circumstances exist to warrant its
consideration, then a Minor Conditional Use Permit pursuant to Chapter
17.48 of this Title shall be required.
Findings. The following findings shall be made prior to issuance of a
permit for outdoor display.
a. The outdoor display is in accordance with the objectives of the
Ordinance and the purposes of the district where the site is located.
The outdoor display will not be detrimental to the public health, safety,
or welfare of persons residing or working in or adjacent to the
neighborhood of such use and will not be detrimental to properties or
improvements in the vicinity or to the general welfare of the City.
c. The outdoor display assists in creating a quality commercial and
public environment due to its visually appealing characteristics.
B. Outdoor Display Performance Standards. The following performance standards
shall be applied by the Director to all outdoor displays, unless otherwise
approved by the City Council pursuant to a Minor Conditional Use Permit in
accordance with Sections 17.10.190.B.1, 7, 8, and 9.
Business Certificate Required. A valid business certificate is required for
the business prior to issuance of an outdoor display permit.
2. Location. The outdoor display area shall:
Ordinance No. 540
Page 5
Be located on the same portion of the site as the occupant of an
existing commercial development and limited to the area adjacent to
the front building elevation of the space occupied by the applicant and
shall not interfere with automobile or pedestrian circulation. Outdoor
displays are not permitted in front of a closed business or on vacant
property;
b. Not impede vehicular sight distance as determined by the City Traffic
Engineer;
Co
Be located on private property only (not within the public right-of-way).
Display of goods or merchandise on public property is prohibited
except as otherwise authorized by the Poway Municipal Code, state
law, or constitutional law;
d. Not obstruct any landscape areas or parking spaces;
e. Not be displayed from cars, trucks, or any other vehicle; and
f. Not obscure or interfere with any official notice or public safety sign or
device.
Maximum Depth.
a. Outdoor display shall project no more than four feet from the front of
the applicant's space frontage; and
bo
Private sidewalks, courtyards or entry areas may be utilized for
display providing a minimum 44-inch pedestrian access remains clear
and unobstructed at all times, subject to full compliance with the
Uniform Fire Code, the Uniform Building Code and Title 24 access
requirements.
Maximum Length. The display area shall not exceed ten feet or 25% of
the linear frontage of the frontage of the applicant's space, whichever is
greater.
Maximum Height: The display area shall not exceed five feet in height
above adjacent finished grade. The approval authority shall retain the
ability to further limit display height on a case-by-case basis in
accordance with the standards of this Chapter.
6. Use of Outdoor Display Area.
Ordinance No. 540
Page 6
a. The outdoor display shall be temporary and removed at the end of
each business day;
The outdoor display must be self-supporting, stable and weighted or
constructed to withstand overturning by wind or contact. The display
shall not be permanently affixed to any object, structure, or anything
on the ground, including utility poles, light poles, trees, or any
merchandise or products displayed outside permanent buildings;
The outdoor display shall be continuously maintained in a state of
order, security, safety and repair. The display surface shall be kept
clean, neatly painted, and free of rust, corrosion, protruding tacks,
nails and/or wires. Any cracked, broken surfaces, or other
unmaintained or damaged portion of a display shall be repaired or
replaced or removed within thirty (30) days of notification by the City;
do
Display merchandise and products shall be limited to those normally
associated with the primary retail user making application and shall
not be in disrepair or visually unattractive. The display of junk is
prohibited;
All outdoor displays shall be tasteful and assist in creating a top
quality shopping environment. No display shall contain obscene,
indecent or immoral matter;
f. Display areas shall not be subleased or otherwise afforded use by
other persons;
g. Electricity shall not be utilized nor shall any noise be generated by an
outdoor display; and
Display areas shall be kept clean and orderly and shall maintain an
attractive appearance. No item shall be displayed in a manner that is
unsightly or creates any other condition that is detrimental to the
appearance of the premises or any surrounding property; or in any
other manner that is detrimental to the public health, safety or welfare
or causes a public nuisance.
Signage. No additional signage is permitted with an Outdoor Display
Permit. All signage shall comply with the City's sign regulations
contained in Chapter 17.40 of this Title.
Ordinance No. 540
Page 7
Other Applicable Regulations. The Outdoor display shall comply with all
requirements of the Building Code and Fire Code.
C. Outdoor Display Prohibited. The outdoor display of the following goods and
merchandise is prohibited:
1. Junk;
2. Adult materials as described in Section 17.38.020(2);
3. Alcohol;
4. Tobacco products;
5. Firearms;
6. Hazardous materials other than propane exchange units for barbecues.
D. Expiration and Termination. Outdoor display permits issued by the Director shall
be valid for a maximum of one (1) year from the date of issuance except as
follows:
The permit shall be extended automatically for one (1) additional year
annually unless the City provides written notice of termination to the
applicant no less than thirty (30) days prior to the expiration of the permit.
An outdoor display permit shall automatically terminate for any business
that violates the terms of the permit and this Section if a Notice of
Violation has been issued and the applicant fails to comply with said
notice. In the event the permit is terminated due to a violation, the
applicant may not reapply for an outdoor display permit anywhere in the
City for a one-year period following the date of compliance pursuant to
the Notice of Violation.
All outdoor display permits issued by the Director shall terminate upon
the change of occupancy or failure to renew a business certificate without
written notice required,
E. Fees. A nonrefundable processing fee shall be paid prior to the acceptance of
an application for an outdoor display permit or a Minor Conditional Use Permit.
Such fee shall be as established by resolution of the City Council from time to
time.
Ordinance No. 540
Page 8
Section 4: Section 17.26.030.E is amended to read as follows:
Parking lot and sidewalk sales, other than outdoor displays pursuant to Section
17.10.190 of this chapter, and located within commercially zoned properties, not to
exceed five calendar days in any sixty calendar days and subject to appropriate
conditions.
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 PowayNews 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 5th day of June 2001 and thereafter PASSED AND ADOPTED at a regular
meeting of said City Council held the 19th day of June 2001, by the
following roll call vote.
AYES:
GOLDBY, HIGGINSON, CAFAGNA
NOES: NONE
ABSTAIN: REXFORD
ABSENT: EMERY
ATTEST:
LGri/~nne P~oples, Cit9 Cie}k -
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