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Ord 580ORDINANCE NO. 580 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, AMENDING SECTIONS 17.10.140 AND 17.26.030 OF THE POWAY MUNICIPAL CODE TO ALLOW OUTDOOR FOOD PREPARATION (CITY-INITIATED) (ZONING ORDINANCE AMENDMENT 03-03) WHEREAS, the City of Poway desires to exercise its police powers to allow outdoor food preparation 'y activity to an existing restaurant or food store. 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 requirements of the California E Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) because it entails the establishment of an activity that would be accessory to an already permitted use and there is no possibility this will have a significant effect on th Section 2: following: Section 17.10.140 of the Poway Municipal Code is amended to add the Outdoor food preparation may be allowed in as an accessory activity to an existing restaurant or food store subject to the approval of a Minor Development Review pursuant to Section 17.52.050 of this Title. The approval shall be subject to applicable conditions by the Director of Development Services including the following: 2. 3. 4. Any use of an open flame shall comply with all requirements of the Fire Code. The food preparation area shall be arranged in such a way that it does not create a hazard to ped 1 on a required building exit. The food preparation area shall not be located in any required driveway, parking space, landscaped setback area or required setback. The food preparation area shall be :l so that it is not unsightly and does not create a condition that is detrimental to the appearance of the p :ling property. Signage shall not be utilized to advertise the business, service or use, or any product, unless otherwise permitted by this Title. Section 3: the following: Section 17.26.030 of the Poway Municipal Code is amended to add Outdoor food preparation accessory to a restaurant or food store use, within ly zoned properties not to exceed five calendar days in any sixty calendar days and subject to applicable conditions of the Development Services Department. Ordinance No. 580 Page 2 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 10th day of June 2003 and thereafter PASSED AND ADOPTED at a reg ,~ of said City Council held the 24th day of June 2003, by the following roll call vote. AYES: EMERY, GOLDBY, HIGGINSON, REXFORD NOES: NONE ABSTAIN: NONE ABSENT: CAFAGNA ayor ATTEST: nne Peoples, City Cldrk