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