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Ord 773ORDINANCE NO. 773 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, ADDING SECTION 17.04.251, AMENDING SECTIONS 17.08.090, 17.08.180, 17.10.160, 17.16.020, 17.21.020, 17.22.020, 17.23.020, 17.24.020, 17.26.030, 17.27.020, 17.28.010, AND 17.28.020, ADDING SECTION 17.28.030, AMENDING SECTIONS 17.42.050, AND 17.52.050, AND REPEALING SECTION 17.46.020 OF THE POWAY MUNICIPAL CODE, CONSISTING OF MINOR TEXT REVISIONS, ADDITIONS, DELETIONS, AND CLARIFICATIONS TO VARIOUS SECTIONS. (ZOA 14 -005) WHEREAS, Title 17 of the Poway Municipal Code (PMC) 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, it is necessary from time to time to amend the PMC to correct conflicting standards and /or unclear language; and WHEREAS, the Zoning Ordinance is amended to add Section 17.04.251; to amend Sections 17.08.090, 17.08.180, 17.10.160, 17.16.020, 17.21.020, 17.22.020, 17.23.020, 17.24.020, 17.26.030, 17.27.020, 17.28.010, 17.28.020; to add Section 17.28.030, to amend Sections 17.42.050, and 17.52.050, and to repeal Section 17.46.020; all of the PMC consisting of minor text revisions, additions, deletions, and clarifications to various sections; and WHEREAS, on February 3, 2015, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this action. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1: Section 17.04.251 of Chapter 17.04 (Definitions) of the PMC is hereby added to read as follows: 17.04.251. Cottage Food Business "Cottage Food Business" means an enterprise that is operated as a cottage food operation as defined by California Health and Safety Code section 113758, and has not more than one full -time equivalent cottage food employee, not including a family member or household member of the cottage food operator, within the registered or permitted area of a private home where the cottage food operator resides and where cottage food products are prepared or packaged for direct, indirect, or direct and indirect sale to consumers pursuant to this part. Ordinance No. 773 Page 2 SECTION 2: Paragraph (1) of subdivision (C) of section 17.08.180 of Chapter 17.08 (Residential Zones) of the PMC is hereby amended to read as follows: 1. Size. On lots less than two net acres in size, a detached non - habitable accessory building shall not be greater than 50 percent of the gross floor area of the living space of the main residence on the lot or 1,500 square feet, whichever is less. A garage with a gross floor area no greater than 600 square feet is permitted regardless of the living space of the main building, if no other garage is located on the lot. A detached non - habitable accessory building that does not exceed 50 percent of the gross floor area of the living space of the main residence on the lot but is greater than 1,500 square feet may be approved with a minor development review permit pursuant to Chapter 17.52 PMC. On lots greater than two net acres in size, the size limits for non - habitable accessory buildings and garages do not apply. SECTION 3: Subdivision (E) of section 17.08.180 of Chapter 17.08 (Residential Zones) of the PMC is hereby amended to read as follows: E. 1. Canopies, patio covers, carports, breezeways, and other similar accessory buildings and structures as determined by the Director of Development Services, which are attached to the main residence or connecting the main residence with a detached accessory building, may extend into a required rear or interior side yard; provided, that portions of such structures extending into the yard comply with all of the following: a. Height. Shall not exceed 15 feet in height. b. Interior and Rear Yard Setback. Shall be located at least five feet from an interior side yard and at least 10 feet from the rear lot line. c. Front and Street Side Yard Setback. Shall comply with the setbacks of the main residence. d. Design. Shall be entirely open on at least three sides except for necessary supporting columns. A roof connecting a main residence and an accessory building, such as a breezeway, shall be open on two sides. e. Eaves. May project one -half the distance into the required side yard setback. 2. Canopies, patio covers, carports, gazebos, breezeways, and other similar accessory buildings and structures as determined by the Director of Development Services, which are detached from the main residence may extend into a required rear or interior side yard; provided that portions of such structures extending into the yard comply with all of the following: a. Height. Shall not exceed 15 feet in height. b. Interior and Rear Yard Setback. Shall be located at least five feet from an interior side yard and rear lot lines. c. Front and Street Side Yard Setback. Shall comply with the setbacks of the main residence. d. Design. Shall be entirely open on at least three sides for patios and canopies except for necessary supporting columns. e. Eaves. May project one -half the distance setback. f. Building Setback. Shall observe a minimum other detached accessory structure. Ordinance No. 773 Page 3 into the required side yard 10 feet from the residence or SECTION 4: Section 17.08.090 of Chapter 17.08 of the PMC is amended to read as follows: 17.08.090 Permitted and conditional uses - R zones. The uses set out in PMC 17.08.100 through 17.08.150 shall be permitted where the symbol "P" appears and subject to a conditional use permit where the symbol "C" appears, and subject to a minor conditional use permit where the symbol "M" appears in the column beneath each zone designation. Where the symbol "X" appears the use is prohibited. A use that is not listed is prohibited. Land uses identified for the zone may be further limited by the presence of a specific plan or other applicable provision of the PMC. SECTION 5: Section 17.10.060 of Chapter 17.10 of the PMC is amended to read as follows: 17.10.060 Permitted and conditional uses. - Commercial zones. The uses shall be permitted where the symbol "P" appears and subject to a conditional use permit where the symbol "C" appears, and subject to a minor conditional use permit where the symbol "M" appears in the column beneath each zone designation. Where the symbol "X" appears the use is prohibited. A use that is not listed is prohibited. Land uses identified for the zone may be further limited by the presence of a specific plan or other applicable provision of the PMC. SECTION 6: Section 17.16.020 of Chapter 17.16 of the PMC is amended to read as follows: 17.16.020 Permitted and conditional uses. — MHP The uses shall be permitted where the symbol "P" appears and subject to a conditional use permit where the symbol "C" appears, and subject to a minor conditional use permit where the symbol "M" appears in the column beneath each zone designation. Where the symbol "X" appears the use is prohibited. A use that is not listed is prohibited. Land uses identified for the zone may be further limited by the presence of a specific plan or other applicable provision of the PMC. SECTION 7: Section 17.21.020 of Chapter 17.21 of the PMC is amended to read as follows: 17.21.020 Permitted and conditional uses. - HC Development in the Hospital Campus zone must include a minimum 100 -bed inpatient acute -care hospital as the most significant principal use. The following additional uses shall be permitted where the symbol "P" appears and shall be permitted uses subject to Ordinance No. 773 Page 4 a conditional use permit where the symbol "C" appears, and shall be permitted uses subject to a minor conditional use permit where the symbol "M" appears. A use that is not listed is prohibited. Land uses identified for the zone may be further limited by the presence of a specific plan or other applicable provision of the PMC. SECTION 8: Section 17.22.020 of Chapter 17.22 of the PMC is amended to read as follows.. 17.22.020 Permitted and conditional uses. - PF The uses shall be permitted where the symbol "P" appears and subject to a conditional use permit where the symbol "C" appears, and subject to a minor conditional use permit where the symbol "M" appears in the column beneath each zone designation. Where the symbol "X" appears the use is prohibited. A use that is not listed is prohibited. Land uses identified for the zone may be further limited by the presence of a specific plan or other applicable provision of the PMC. SECTION 9: Section 17.23.020 of Chapter 17.23 of the PMC is amended to read as follows: 17.23.020 Permitted and conditional uses. - OS -R The uses shall be permitted where the symbol "P" appears and subject to a conditional use permit where the symbol "C" appears, and subject to a minor conditional use permit where the symbol "M" appears in the column beneath each zone designation. Where the symbol "X" appears the use is prohibited. A use that is not listed is prohibited. Land uses identified for the zone may be further limited by the presence of a specific plan or other applicable provision of the PMC. SECTION 10: Section 17.24.020 of Chapter 17.24 of the PMC is amended to read as follows.. 17.24.020 Permitted and conditional uses. - OS -RM The uses shall be permitted where the symbol "P" appears and subject to a conditional use permit where the symbol "C" appears, and subject to a minor conditional use permit where the symbol "M" appears in the column beneath each zone designation. Where the symbol "X" appears the use is prohibited. A use that is not listed is prohibited. Land uses identified for the zone may be further limited by the presence of a specific plan or other applicable provision of the PMC. SECTION 11: Section 17.23.020 of Chapter 17.23 of the PMC is amended to add subdivision BB to read as follows: 17.23.020 Permitted and conditional uses. BB. Public utility installations C SECTION 12: Subdivision (N) of section 17.26.030 of Chapter 17.26 of the PMC is amended to read as follows: Ordinance No. 773 Page 5 17.26.030 Temporary Uses N. Contractors' offices and storage yards on the site of an active construction project for a period not to exceed one year. Time extension applications may be considered in conjunction with the presence of an active building permit or other related construction permit for the project. SECTION 13: Subdivision (0) of section 17.26.030 of Chapter 17.26 of the PMC is amended to read as follows: 17.26.030 Temporary Uses O. Mobile home residences or Recreational Vehicles (RVs) such as motor homes and travel trailers of sufficient size and design to provide extended term living quarters as determined appropriate by the Director of Development Services, for security purposes on the site of an active construction project. Duration is limited to one year. Time extension applications may be considered in conjunction with the presence of an active building permit or other related construction permit for the project. SECTION 14: Section 17.27.020 of Chapter 17.27 of the PMC is amended to read as follows: 17.27.020 Conditions. Pawn shops may be permitted only in the CB, Commercial Business zone, subject to the conditions listed in this section: A. No pawn shop shall be located within 1,000 feet of any lot on which another pawn shop is located. B. All pawn shops shall comply with the regulations of Chapter 5.32 PMC concerning secondhand dealers. SECTION 15: Sections 17.28.010 and 17.28.020 of Chapter 17.28 (Home Occupations) of the PMC are amended, and section 17.28.030 of Chapter 17.28 is added, to read as follows: 17.28.010 General requirements. Home occupations may be permitted only when in compliance with the conditions listed in this chapter. Home Occupations for Cottage Food Businesses are permitted subject to the provisions listed in PMC 17.28.020. A permit must be issued by the Director of Development Services and, for Cottage Food Businesses, the County of San Diego Department of Environmental Health, prior to operation of a Home Occupation. Unless exempt from payment as described in PMC 17.28.030, the fee shall be in accordance with those adopted by City Council resolution. The permit shall be issued for a term of 24 months. A. There shall be no stock in trade or exterior storage of materials in the conduct of a home occupation. Ordinance No. 773 Page 6 B. A home occupation shall be conducted entirely within a dwelling; if in an attached or a detached garage, shall not impede the use of said garage for vehicle storage. C. Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited. D. Only the residents of the dwelling unit may be engaged in the home occupation. E. There shall be no sale of goods on the premises. F. The establishment and conduct of a home occupation shall not change the principal character or use of the dwelling unit involved. G. There shall be no signs other than those permitted by this chapter. H. The required residential off - street parking shall be maintained and any need for parking generated by the conduct of such home occupation shall be met off the street. I. A home occupation shall not create vehicular or pedestrian traffic in excess of that which is normal for the zone in which it is located. J. Passenger vehicles only shall be permitted in connection with the conduct of the home occupation. Passenger vehicles include motorcycles, automobiles, pickup trucks and vans. K. Renewal of Existing Permit. All home occupation permits which are renewed shall be valid for a 24 -month term unless otherwise revoked. Permits shall be required to be renewed before the expiration date shown on the permit. The City shall notify all permit holders at least 30 calendar days prior to the date of the renewal. 17.28.020 Cottage Food Businesses. The following regulations apply to a Cottage Food Business: A. Food and associated products shall be stored in the manner consistent with requirements of the County of San Diego Department of Environmental Health B. The business shall be conducted entirely within a dwelling; if in an attached or a detached garage, it shall not impede the use of said garage for vehicle storage. C. Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited. All home /business improvements shall comply with the current fire, building, electrical, plumbing and health codes. Ordinance No. 773 Page 7 D. In addition to the residents of the dwelling unit, a Cottage Food Business may employ one non - household member as an employee. Nonresident employees shall be limited to the hours of 8 a.m. to 5 p.m., 40 hours per week maximum. E. The business may offer direct sales from the residence /business. Food products sold from the residence shall be of the type and in the manner consistent with the Class of operation permitted by the County of San Diego Department of Environmental Health. If direct sales are proposed at the site of the business, no customers shall be permitted to dine at the residence. The sale of Cottage Food Business goods from the premises shall be limited to the hours of 8:00 a.m. to 5:00 p.m. daily. F. The business shall not create noise, odors and /or smoke in such quantities as to be readily detectable beyond the boundaries of the site. G. The establishment and conduct of a home occupation shall not change the principal character or use of the dwelling unit involved. H. There shall be no signs other than those permitted by this chapter. 1. The required residential off - street parking shall be maintained and any need for parking generated by the conduct of such Cottage Food Business shall be met off the street. J. Deliveries shall not occur in any commercial vehicle between 6:00 p.m. and 8:00 a.m.; No more than one (1) delivery vehicle may visit the site at a time, no more than three (3) commercial vehicles may visit the site per day, and no more than 10 deliveries per week; All delivery vehicles must be limited to two axles and comply with local residential parking, stopping, noise, and size restrictions. K. Renewal of Existing Permit. Home occupation permits used for Cottage Food Businesses, which are renewed, shall be valid for a 24 -month term unless otherwise revoked. Permits shall be required to be renewed before the expiration date shown on the permit. The City shall notify all permit holders at least 30 calendar days prior to the date of the renewal. In addition, all Cottage Food Businesses, are subject to obtaining applicable San Diego Department of Environmental Health permits, inspections, and fees. L. A Home Occupation Permit for a Cottage Food Business is not transferable between: 1) persons; 2) locations; 3) change in Class; and 4) types of distribution. 17.28.030 Exemption from payment of fee. A. Every person who is serving on active duty in the military, naval, or air service of the United States, or any spouse or registered domestic partner of a person who is serving on active duty in the military, naval, or air service of the United States, and who is a resident of this City may conduct a home occupation with a permit issued pursuant to this chapter without payment of any fee. Ordinance No. 773 Page 8 B. Every person who is honorably discharged or honorably relieved from the military, naval, or air service of the United States and who is a resident of this City may conduct a home occupation with a permit issued pursuant to this chapter without payment of any fee. C. Claim for Exemption. Any person claiming an exemption pursuant to this section shall (at the time of application for the permit) produce to the City his or her military identification, or military dependent identification, or a copy of his or her DD Form 214, or a copy of that person's certificate of honorable discharge or honorable relief from duty. SECTION 16: Subdivision (K) of section 17.42.050 of Chapter 17.42 (Off Street Parking) of the PMC is amended to read as follows: 17.42.050(K) Automobile, handicapped, motorcycle, and bicycle. All parking stalls and maneuvering areas shall be paved and permanently maintained with asphalt, concrete, concrete pavers, or any other all- weather surfacing approved by the Director of Development Services and subject to current City standards. SECTION 17: Section 17.46.020 of Chapter 17.46 (Amendments) of the PMC is repealed. SECTION 18: Paragraph (3) of subdivision (A) of section 17.52.050 of Chapter 17.52 (Development Review Procedure) of the PMC is amended to read as follows: 3. On lots less than two net acres in size, the construction of a detached nonhabitable accessory building that does not exceed 50 percent of the gross floor area of the living space of the main residence on the lot but is greater than 1,500 square feet gross floor area, as allowed pursuant to PMC 17.08.180(C)(1). SECTION 19: Should any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted the ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more of the sections subsections, sentences, clauses or phrases may be declared invalid. SECTION 20: This Ordinance shall be codified. EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after the date of its 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 within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code §36933. Ordinance No. 773 Page 9 Introduced and first read at a regular meeting of the City Council of the City of Poway held the 3rd day of February 2015, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 17th day of February 2015. Steve Vaus, Mayor ATTEST: �he'i&�R. Cobian, CIVIC, City Clerk STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO) I, Sheila R. Cobian, City Clerk, of the City of Poway, do hereby certify that the foregoing Ordinance No. 773 was duly adopted by the City Council at a regular meeting of said. City Council held on the 17th day of February 2015, and that it was so adopted by the following vote: AYES: LEONARD, CUNNINGHAM, MULLIN, GROSCH, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE a-M 0 A �. SheAa obian, CIVIC, City Clerk City of Poway