Res 01-079RESOLUTION NO. 01-079
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA,
APPROVING OLD POWAY SPECIFIC PLAN AMENDMENT (SPA 88-01C) TO
INCLUDE AN ADMINISTRATIVE PERMIT PROCESS FOR ARTS AND CRAFTS
SHOWS IN RESIDENTIAL ZONES WITHIN THE OLD POWAY SPECIFIC PLAN AREA
WHEREAS, Chapter 17.47 (Specific Plan Regulations) of Title 17 (Zoning
Development Code) of the Poway Municipal Code provides the requirements for the
initiation, preparation and adoption of Specific Plans in accordance with Section 65450,
et seq. of the California Government Code (Article 8, Specific Plan); and
WHEREAS, Section 17.47.020.C (Initiation) of the Zoning Development Code
provides that the City Council may initiate the preparation of, or amendment to, a
Specific Plan on property by Resolution; and
WHEREAS, on June 26, 2001, the City Council initiated by resolution Old Poway
Specific Plan Amendment 88-01C to include an administrative permit process for arts
and crafts shows in residential zones within the Old Poway Specific Plan Area; and
WHEREAS, on July 17, 2001, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this
application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: The City Council hereby finds that Old Poway Specific Plan Amendment
88-01C is exempt from the Categorically Exempt from the requirements of the California
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b) (3),
because it would establish an administrative permit process for temporary arts and
crafts shows accessory to an existing use and would not result in any physical change
to the environment.
Section 2: The City Council hereby approves Old Poway Specific Plan Amendment
88-01C as follows:
A. Section Xl, Residential Land Uses, of Part Two, Implementation Plan, of the Old
Poway Specific Plan is amended to add the following:
Residential Land Uses
B. Temporary uses permitted for residentially zoned properties located within the
Old Poway Specific Plan Area shall be the same as specified in Chapter 17.26 of
the Poway Municipal Code, except that arts and crafts shows, as defined below,
shall be allowed, subject to the following:
Resolution No. 01-079
Page 2
Arts and crafts shall include physical objects which are made by or as if by
hand, and which require manual dexterity and artistic skill. Items such as
jewelry, paintings, needlepoint, knitting, crochet, dolls, furniture,
woodworking (e.g., carvings, etchings), sculptures, ceramlcs, toys,
clothing, photography, scale models and similar items as determined by
the Director of Development Services shall be considered as "arts and
crafts" objects.
Arts and crafts show shall mean the activity of offering for sale of "arts and
crafts" by means of announcing or advertising an "arts," "crafts," or
"hobbies," show, bazaar or festival, all of which are synonymous, or by
any other means intended to communicate that the sale is an occasional,
casual event offering the sale of personally crafted property. "Arts and
crafts show" shall only be conducted by an applicant possessing an
approved Temporary Use Permit issued by the City of Poway.
Arts and crafts shows as defined above shall conform to all standards for
the zone in which they are held, and may be held only upon issuance of a
Temporary Use Permit issued by the Director of Development Services
pursuant to the criteria described in this section. No person shall
advertise, announce, conduct, operate or sponsor an arts and crafts show
within a residentially zoned neighborhood in conflict with the requirements
of this section.
If there is any proposal that the Director of Development Services
determines does not conform to the performance standards for
administratively approving an arts and craft show contained in subdivision
7 below, then a Minor Conditional Use Permit pursuant to Chapter 17.48
of the Poway Municipal Code shall be required.
Application Procedure. A Temporary Use Permit for an arts and crafts
show may be issued in accordance with the following procedure:
a. Application. An application for a Temporary Use Permit shall be made
to the Planning Division. The application shall include the following:
Processing and Fee. The application and fee is a one-time process
and fee, provided that the scope and nature of the operation does not
change or expand over time, there are no complaints regarding the
operation of the event, and the terms of the permit are complied with
(see subsection 10 below). A new application and fee will be required
if a permit does not qualify for a renewal;
Completed Application Form. The applicant must be the owner and/or
resident of the property. If the resident is not the property owner, the
property owner's written consent is required;
Resolution No. 01-079
Page 3
10.
11.
d. Graphic depiction of the premises to be used for the arts and crafts
show and temporary signage (site plan and floor plan);
e. Map of the surrounding neighborhood;
f. Written or graphic description of where patrons of the event are
expected to park and/or be shuffled;
g. Any other information that is deemed necessary by the Director of
Development Services for a complete review of the application.
Notice Of Intended Decision. Not less than ten (10) days prior to the date
on which the decision will be made on the application, the Director of
Development Services shall give notice of the proposed use by mail or
delivery to all owners shown on the last equalized assessment roll as
owning real property within a five hundred (500) foot radius of the exterior
boundaries of the residence which is the proposed location for the arts
and crafts show.
Appeal. The applicant or other affected person may appeal the
administrative decision of the Director of Development Services to the City
Council which will review the case at a noticed public hearing in
accordance with the provision of Chapter 2.20 of the Poway Municipal
Code. The cost of the appeal shall be borne by the appellant.
Approval. Once final approval of the arts and crafts show has been given,
the City will send the applicant a letter of approval. The applicant will be
required to post the letter of approval in a visible location for display to any
City official who may inspect the property during the event.
Compliance with Conditions of Approval. Failure to comply with the
conditions of the permit or problems associated with an operation of the
show (i.e., parking, nuisance, code violations) will be considered in the
approval of future events.
Exemptions. Schools and churches may be exempt from obtaining a
Temporary Use Permit if they can demonstrate all on-site parking will
remain available to operators and patrons of the show. Exhibits or other
operations related to the arts and crafts show shall not displace on-site
parking.
Arts and Crafts Show Performance Standards. The following performance
standards shall be applied to all arts and crafts shows, unless otherwise
approved by the City Council pursuant to a Minor Conditional Use Permit.
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Building and fire codes. All applicable building and fire codes must be
met in order to conduct an arts and crafts show from a residential
property.
No person shall conduct or operate, or permit the conduct or operation,
of any arts and crafts show except between the hours of 8:00 a.m. and
8:00 p.m.
No arts and crafts show shall be conducted or operated on any one
site for a period longer than four (4) consecutive days.
No more than three (3) arts and crafts shows may be conducted in any
calendar year at any individual site or location. For the purpose of this
section, "site" or "location" means any single-family residence within a
residential zone in the Old Poway Specific Plan area.
e. Parking and access shall be provided as follows:
Access for emergency vehicles and surrounding residents must be
maintained at all times to the satisfaction of the City Engineer, the
Fire Department and the Director of Development Services.
Factors that will be examined will include, but are not limited to,
street width, street configuration, condition of the street and parking
availability in the surrounding area.
ii.
Adequate parking, both on street and off-street and within
reasonable proximity to the proposed site/residence must be
available in the surrounding area to accommodate the arts and
crafts show. The amount of on street parking available must be
commensurate with the size of the property and scale of the
proposed show, such that the anticipated parking demand will not
result in an adverse parking impact to the surrounding
neighborhood. Applicants may choose to identify an off-site
parking area from which patrons may walk (without impeding
vehicular traffic), and/or be shuttled to the subject residence. The
Director of Development Services may approve alternative parking
plans, which include, but are not limited to (i) off-site parking and
shuttle service, and (ii) parking agreements to utilize nearby parking
lots.
Outdoor lighting is prohibited.
One four-square-foot on-site identification sign would be allowed to
identify the location of the event. It could be freestanding or wall
mounted, but could only be displayed during the event. Off-site
directional signage is prohibited.
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12.
13.
14.
Property Offered For Sale Or Display. No person shall conduct or operate
an arts and crafts show at which personal property is offered for sale or
display that is not the personally crafted property of the person conducting
or operating the arts and crafts show, or the personally crafted property of
another person who is known by the person conducting or operating the
show and who has given express consent for the display and sale of such
property.
Location of Manner of Display. No person operating or conducting any
arts and crafts show shall display or permit the display of any property for
sale, or place or locate any property, within five (5) feet of the improved
portion of any public right-of-way. The improved portion of a public right-
of-way includes sidewalks, pathways, curbs, paving, bikeways, and any
other portions of the right-of-way used or traveled by the public. Any
outdoor display shall be placed indoors at the end of each day of the
show.
Renewal and Expiration. A Temporary Use Permit for an arts and crafts
show issued by the Director of Development Services shall be valid for a
maximum of one (1) year from the date of issuance except as indicated
below:
All temporary use permits issued by the Director of Development
Services shall terminate upon the change of ownership of the
subject property without written notice required.
The permit shall automatically terminate for any applicant that
violates the terms of the permit, 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 a temporary use permit for an arts and crafts show for
a one-year period following the date of required compliance pursuant
to the Notice of Violation.
Prior to conducting subsequent shows the applicant will be required
to notify the Planning Division in writing at least sixty (60) days prior
to advertising of the event. Notification shall include a detailed
description of the proposed event.
The Director of Development Services may approve the renewal of a
permit subject to the following:
i. A written request for a renewal must include a description of the
event and must be submitted within one year of the date of the
15.
16.
Resolution No. 01-079
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last permit that was issued and at least 60 days prior to
advertising for the event.
ii.
In order to qualify for a renewal, the Director of Development
Services must find that there is no substantial change in the
permit request, there were no complaints received during the
prior event, the conditions of the prior permit were complied with
and there were no violations to the Poway Municipal Code or
Old Poway Specific Plan.
iii. The issuance of a renewal is not subject to the permit and
application fee requirements contained in subsection 4.
Inspection of Site and Property. During all reasonable hours and in any
reasonable manner, the Director of Development Services (or designee),
Code Compliance Officer, Fire Marshal or any law enforcement officer,
may inspect the site of an arts and crafts show, or the personal property
which may be displayed or offered for sale, for the purpose of assuring
compliance with the provisions of this section.
Findinqs. In order for the Director of Development Services or the City
Council to grant approval of an Temporary Use Permit for an arts and
crafts show, the following findings must be made:
The issuance of the Temporary Use Permit will not adversely impact
the required access for emergency vehicles or residents within the
surrounding neighborhood.
b. The issuance of the Temporary Use Permit will not create any
adverse parking impacts upon the surrounding neighborhood.
c. The issuance of the Temporary Use Permit will result in a temporary
event, which is compatible with the surrounding neighborhood.
The site or lot is sufficiently sized and configured to accommodate
vendors and patrons such that there will be no adverse impacts upon
the surrounding neighborhood.
Resolution No. 01-079
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PASSED, APPROVED AND ADOPTED by the City Council of the City of Poway,
State of California, at a regular meeting this 14th day of August 2001.
ATTEST:
nne Peoples,
Michael P.
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO )
I, Sherrie D. Worrell, Deputy City Clerk of the City of Poway, do hereby certify,
under penalty of perjury, that the foregoing Resolution No. 01-079 was duly adopted
by the City Council at a meeting of said City Council held on the 14th day of August
2001 and that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
PeoPles~ C'ity Cl~k
City of Poway