DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
August 5, 2025
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk ~
Carrie Gallagher, City Clerk
(858) 668-4435 or [email protected]
CITY COUNCIL
Second Reading and Adoption of Ordinance No. 875 entitled "An Ordinance of the City Council of the City of Poway, California, Amending the Old Poway Specific Plan (OPSP) to Establish a Music Overlay District (MOD) for Limited Indoor and Outdoor Music for Businesses Located within the Southerly Commercial General (CG) Zone" The introduction and first reading of the above-entitled Ordinance was approved at a Regular City Council Meeting on July 15, 2025. There were four (4) speakers. The City Council made two revisions to the Ordinance at the meeting, which are reflected in the version attached hereto (Attachment A):
(1) City staff is required to provide an update regarding the implementation of the MOD to the City Council at a public meeting approximately six (6) months following the effective date of the Ordinance; and (2) the proposed permitted hours for outdoor music was amended from 7 a.m. to 10 p.m. to 9 a.m. to 1 O p.m.
The Ordinance is now presented for second reading and adoption by title only.
Vote at first reading:
Recommended Action:
AYES:
NOES:
MAEDA, PIKUS, DE HOFF, VAUS
BLAIN
ABSTAINED: NONE
ABSENT: NONE
DISQUALIFIED: NONE
It is recommended the City Council adopt Ordinance No. 875.
Environmental Review:
None.
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August 5, 2025, Item #3
Fiscal Impact:
None.
Public Notification:
A public hearing notice was published in the Poway News Chieftain on Thursday, June 5, 2025. An ordinance summary notice was published in the Poway News Chieftain on Thursday, July 24, 2025. A certified copy of this Ordinance will also be posted in the Office of the City Clerk in accordance with Government Code section 36933.
Attachments:
A. Ordinance No. 875
Reviewed/Approved By:
WendKaserman
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
Chris Raze
City Manager
August 5, 2025, Item #3
ORDINANCE NO. 875
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AMENDING THE OLD POWAY SPECIFIC
PLAN (OPSP) TO ESTABLISH A MUSIC OVERLAY DISTRICT
(MOD) FOR LIMITED INDOOR AND OUTDOOR MUSIC FOR
BUSINESSES LOCATED WITHIN THE SOUTHERLY
COMMERCIAL GENERAL (CG) ZONE
WHEREAS, the Poway Municipal Code (PMC), Chapter 17.47, provides for the preparation and adoption of specific plans in accordance with Section 65450, et seq., of the California Government Code (Title 7, Division 1, Chapter 3); WHEREAS, on March 22, 1988 and on July 26, 1988, the City Council held properly noticed public hearings in accordance with the California Government Code and the California Environmental Quality Act (CEQA) to consider the proposed Old Poway Specific Plan (OPSP) SP 88-01 (Part One-Architectural Design Standards/Guidelines as revised by the Council to be fully consistent with the goals, objectives, and policies of the General Plan and its constituent Elements), which was thereby adopted on July 26, 1988;
WHEREAS, on August 22, 1989, and on January 30, 1990, the City Council of the City of Poway held properly noticed public hearings in accordance with the California Government Code and CEQA to consider the proposed OPSP, SP 88-01 (Part Two), with a proposed amendment to the signage guidelines of Part One;
WHEREAS, on January 30, 1990, the City Council of the City of Poway found that the adoption of the OPSP, SP 88-01 (Part Two) and the proposed amendment to the signage guidelines of Part One, and the application thereof, will have no adverse significant environmental impacts and thereby adopted the OPSP and issued the Negative Declaration (ND); WHEREAS, the City Council of the City of Poway wishes to protect and preserve the quality of the residential and commercial areas of the City, as well as the quality of life throughout the City, through effective land use and planning, and process improvements; WHEREAS, PMC 17.47.090 provides requirements for amendments to specific plans; WHEREAS, in accordance with requests from business owners and with direction from the City Manager, City Staff has prepared amendments to the Old Poway Specific Plan (OPSP) for the establishment of a Music Overlay District (MOD), allowing limited indoor and outdoor music for businesses located within the southerly Commercial General (CG) zone; WHEREAS, the OPSP amendment provides opportunities to encourage a lively commercial district with areas conducive to community gathering, using indoor and outdoor music as an attraction;
WHEREAS, all the proposed amendments are shown in strikethrough/underline in Exhibit 1 of this Ordinance;
WHEREAS, on July 15, 2025, the City Council of the City of Poway has held a properly noticed public hearing in accordance with the California Government Code and the CEQA to consider the proposed OPSP amendment; and
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August 5, 2025, Item #3
Ordinance No. 875
WHEREAS, the City Council of the City of Poway has read and considered the Agenda Report and all other evidence and testimony with regard to the ND and the OPSP SPA; with the project map, ND, and SPA document available to the general public at this link:
www. poway. erg/development-projects .
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:
SECTION 1: The above recitations are true and correct.
SECTION 2: The City Council of the City of Poway finds that SPA 24-0002, the OPSP, as amended , is consistent with the purpose of PMC 17.47, the General Plan and its constituent Elements, the development policies of the City of Poway (City), and hereby certifies the ND and adopts the SPA amending certain sections of the OPSP as specified in the attached Exhibit 1.
Deletions are indicated with strikethroughs. Additions are indicated with underlines.
SECTION 3: This Ordinance amends the OPSP subject to CEQA, and the City Development Services Department has prepared a ND in accordance with CEQA Section 15074, to evaluate the potential environmental effects associated with the City's MOD and the Old Poway Specific Plan Amendment (Project). The ND contains all the contents required by CEQA, covering the 21 resources/topics, and concludes the Project's impacts will be less than significant.
SECTION 4: The ND documents, constituting the record of proceedings, are located in the City of Poway Development Services Department, Planning Division or found on the City of Poway webpage at this link: www.poway.org/development-projects.
SECTION 5: The City Council directs City staff to provide the City Council with an update, at a public meeting, regarding the implementation of the MOD approximately six months after this Ordinance becomes effective
SECTION 6: If any provisions of this Ordinance or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or application, and to this end the provisions of this act are severable .
SECTION 7: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption.
CERTIFICATION/PUBLICATION : The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation 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.
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II
II
August 5, 2025, Item #3
Ordinance No. 875
INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Poway, California, held the 15th day of July 2025 and thereafter.
PASSED AND ADOPTED at a regular meeting of said City Council held the 5th day of August, 2025 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
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August 5, 2025, Item #3
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EXHIBIT 1
APPENDIX A
REVISIONS TO THE MUSIC OVERLAY DISTRICT
AND OLD POWAY SPECIFIC PLAN AMENDMENT
(COMPLETE TEXT OF AMENDMENT)
Ordinance No. 875
August 5, 2025, Item #3
Ordinance No. 875
I. PREFACE
The City of Poway adopted its General Plan in September of 1983. Under the General Plan Scenic Roadways Element, guidelines were adopted for preserving the scenic and historic resources of several important roadways that traverse the community. With regard to the City's Old Poway area, the segment of Midland Road between Hilleary Road and Twin Peaks Road has been designated as a scenic roadway. Many structures and cultural features that exist along the road are of significant historical value to the City, its residents, and the business community.
This segment of Midland Road is also the center of the Old Poway townsite, established in 1887, and represents early Poway Valley, once a prosperous area, with crop and dairy farming, cattle ranching, poultry production, and vineyards. The Archaeological, Cultural, and Historic preservation Element of the General Plan recommends that the Midland Road area be designated as a historically significant area. Any future development shall be designed to complement the historic character of the area.
Policy 6.b of the General Plan states, in part:
In the event that the City prepares a specific plan for Midland Road as an historic district or area, physical improvements consistent with the plan shall be required for all new permits for building, development, or substantial alteration.
On February 26, 1987, the Poway City Council reviewed and accepted a staff concept paper for the Old Poway Specific Plan (OPSP). Subsequently, the City Council appointed an Advisory Committee to provide community input during the preparation of the Plan.
The Project Area Map (Attachment 1) depicts the project area boundaries for the OPSP.
Attachment 2 depicts the existing General Plan land use and zoning. Much of the project area is also governed by the Poway Redevelopment Plan and will be the subject of Redevelopment Agency revitalization projects in conjunction with private and p1,.1blic development. The development of parcels of land and properties, and the improvement of streets, public rights-of-way, and public facilities located within the specific plan project area shall be in accordance with the text of this specific plan as well as applicable provisions of the Poway Municipal Code (PMC) and Poway General Plan.
II. INTRODUCTION
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On July 26, 1988, the City Council approved Part One of the OPSP which primarily contains the architectural design standards and guidelines for the project area. Part Two of the specific plan.
Comprises the implementation plan component of the document, and contains the goals, objectives, statements of policy, and planning and design proposals for the project area.
Part Two was formulated at a series of meetings conducted by the OPSP Advisory Committee. The meetings were open to the public.
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Ordinance No. 875
Part Two of the Old Poway Specific Plan is fully consistent with the primary goals and objectives of the Poway General Plan. Its text, graphics, and plan diagrams are designed to express and depict the General Plan in finer detail.
The goals, objectives, statements of policy and proposals of Part Two constitute the "implementation plan" of the OPSP. Goals, objectives, statements of policy, and planning and design proposals are employed within this text as technical, City planning terms, and a "general objective" is a secondary, more "specific aim." (A general objective is often time-measurable). A "statement of policy" is a "rule;" a planning "design proposal" is a "suggestion."
Ill. LEGAL DESCRIPTION
The specific plan project area is situated in the State of California, County of San Diego, City of Poway. As shown on Attachment 1 (Project Area Map), the project area is generally bounded by Twin Peaks Road on the north, Hilliary Drive on the south, Community Road on the west, and Tierra Bonita Road/Putney Road on the east. The area is contained within portions of Section 7, 12, 13, 14, and 18 (Township 14 South Ranges 1 West and 2 West). The project area consists of approximately 2,525 gross acres of land or about four square miles of territory.
IV. PURPOSE AND INTENT
The purpose and intent of the OPSP (Part Two) is to provide detailed planning design guidance to potential developers, investors, and the general public for private development projects, and to the City Council/Redevelopment Agency where public projects are concerned. Part Two of the specific plan will also provide for the orderly growth, development, redevelopment, and conservation of the Old Poway are of the community
Close adherence to Part Two will result in land development and public improvements which are consistent with the goals, objE!ctives, and requirements of the Poway General Plan and PMC with regard to the Old Poway/Midland Road area. Part Two shall apply to new development, revitalization projects, public improvements projects, and other projects which propose major additions or substantial exterior modifications or alterations.
V. AUTHORITY AND SCOPE
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In accordance with Section 65450, et seq., of the California Government Code (Article 8.
Specific Plans), the OPSP (Part Two) has been prepared as a component of the Poway General plan and will serve to implement the General Plan in the project area over the next several years. The OPSP (Part Two) provides a direct relationship and responsive linkage between the Poway General Plan and the Poway Zoning Development Code.
By City Council resolution, Part Two of the OPSP has been determined to be fully consistent with the Poway General Plan, its constituent plan elements, and the Poway August 5, 2025, Item #3
Ordinance No. 875
Redevelopment Plan. In addition, Part Two has been prepared in full compliance with the California Environmental Quality Act (CEQA) as amended, and the Guidelines thereof.
When the provisions of this specific plan differ from those of the Poway General Plan and the PMC, the provisions contained herein shall take precedence.
VI. RESPONSIBILITY FOR ADMINISTRATION AND APPLICATION
The primary responsibility for the administration, application, and interpretation of Part Two rests with the City staff during the consideration, recommendation, and approval of proposed land development and improvements within the project area. Part Two shall be consulted and incorporated at the conceptual design stage of a proposed project, to the extent feasible and practicable.
The City Council/Redevelopment Agency will retain ultimate authority and responsibility for the administration, application, and interpretation of Part Two.
VII. SURVEY OF EXISTING CONDITIONS
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One of the initial tasks of the OPSP Advisory Committee was to establish a database of existing land uses and physical conditions within the project area. This task was accomplished by assessing the current conditions/improvements of each parcel of land and evaluating existence, non-existence, and/or deficiencies of public utilities of public utilities and facilities. The project area was divided into five subareas, and the committee members conducted a survey of existing conditions. The survey data was used to formulate many of the planning and land use goals, objectives, and policies presented herein.
Survey information, along with City base maps, provided the committee with the status of public utilities and facilities, including existing streets, alleys, and access easements; drainage courses; sewer lines and septic systems; water lines and wells; and gas and electric utilities. After evaluating these issues, the committee formulated this plan which includes several objectives and policies regarding circulation, transportation, drainage, infrastructure, and public facilities and services.
The survey generated information regarding current land use and zoning designations in the project area. The committee identified three areas where special planning studies are recommended to review land use/zoning designations and to address public facilities, utilities, and special infrastructure needs. These areas are:
1. The Brighton Avenue area, bounded by Temple Street (north), Edgemoor Street (south), Old Poway Commercial Center (west), and Poinsettia Mobile Home Park (east).
2. The Midland Road/Adrian Street area, bounded by Vian Road (north), Adrian Street (south), Midland Road (west), and property lines located approximately 500 feet east of Midland Road.
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Ordinance No. 875
3. The York Avenue area, bounded by Norwalk Street (north), Edgemoor Street (south), Community Road (west), and Sycamore Avenue (east).
In February 1988, the development potential of the project area was analyzed. The project area was divided into five subareas (see Attachment 4). From aerial photographs, developed single-family lots were identified and located on a specific plan parcel map.
Undeveloped and underdeveloped residential lots were then assigned a density based on current zoning and development standards. In all cases, the maximum density was assumed for each zone. A four-acre minimum lot size was used for the RR-A zone.
The developed commercial lots were also identified. Attachment 3 contains the findings of the analysis. In each case, the acreage, types of uses, and approximate square footage were noted. The undeveloped and underdeveloped commercial lots within each subarea were combined and assigned in the Poway Zoning Development Code for the Commercial General (CG) zone. The existing square footage was subtracted from the maximum permitted commercial square footage to determine the potential of commercial space available.
The February 1988 analysis of development potential in the project area indicated that:
1. There were 1,601 existing residential dwelling units in the OPSP area consisting of single-family homes, mobile homes, condominiums, and apartment units and duplexes. Maximum development of the properties within the project boundaries would yield 407 new dwelling units for an overall increase of 38.3 percent.
2. Within the specific plan project area there were approximately 57,350 square feet of commercial space. This is approximately one half of the 113,429 square feet permitted by code. Nearly 56,079 square feet of commercial space was still available.
3. Additionally, a 4.75-acre site bounded by Aubrey Street (north), Temple Street (south), Sycamore Avenue (west), and Midland Road (east) was proposed as a new City-park (Old Poway Town Park). (A City-initiated specific plan for the park site has since been approved and is hereby incorporated by reference into this document.)
4. Since the time the analysis was conducted, three residential condominium projects have begun on parcels within the RC zone as follows:
o Northeast corner of Midland Road and Adrian Street - 18 units o Southeast corner of Midland Road and Edgemoor Street - 38 units o Southwest corner of Midland Road and Scots Way - 48 units VIII. SPECIFIC PLAN GOALS
1. Coordination of the development, expansion, and conservation of the form and character of Old Poway with the land use, circulation, public facility, growth, and environmental quality plans and programs of the City of Poway. 10 of 25
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2. Maintenance and establishment of circulation patterns and traffic networks which foster public safety and convenience and discourage through traffic in residential area.
3. Resolving the land use and planning problems, deficiencies, and environmental concerns associated with the Old Poway area.
4. Creation of physical buffers or open spaces which ameliorate the existing and adverse conditions of changing land uses along interfaces.
5. Improvement of public facilities, including streets, alleys, drainage ways, and infrastructure; promotion of traffic safety and efficient levels of traffic service; planning and development of parks; educational and recreational facilities; public/quasi-public institutions; and community and neighborhood civic and social centers.
6. Revitalization and enhancement of obsolescent or declining areas, facilities, and infrastructure of the Old Poway area through a private-sector/public-sector partnership, and a balanced program of conservation, rehabilitation, redevelopment, and environmental protection.
7. Encouragement of the development of quality residential, commercial, and mixed use projects which enhance the historic preservation, environmental and aesthetic quality, and goals of the Poway General Plan.
8. Establishment of an historic resource preservation plan and ordinance.
9. Encouragement of commerce and retail trade through the careful planning and development of appropriate land uses, including but not limited to, restaurants, bed and breakfast inns, public meeting/assembly facilities, civic buildings, and neighborhood parks and passive/active open spaces.
10. Establishment of the "Old Poway" theme through the implementation of the architectural standards and guidelines, historic exterior colors, and signage guidelines contained within Part One of this document.
11. Establishment of a system of circulation to accommodate bicycle, pedestrian, riding and hiking activities.
12. Procurement, careful siting, and maintenance of works of fine art or public art features.
13. Substantial conformance with the guidelines for commercial and residential structure setbacks contained herein.
14. Adherence to the City's parking, landscaping, community design, open space, and environmental protection plans and programs.
15. Encouragement of community, private developer, and landowner participation in the implementation of this specific plan through redevelopment activity and outreach programs.
16. Implementation of the streetscape plan for Old Poway. 11 of 25
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17. Encouragement of community, private developer, and landowner participation in the implementation of this specific plan through redevelopment activity and outreach programs.
18. Establishment of commercial land uses along Midland Road which are complementary to and supportive of the land uses within the Old Poway Park.
19. Implementation of the signage guidelines and historic exterior colors contained in Part One of this document.
IX. OBJECTIVES AND STATEMENTS OF POLICY
Objectives
1. Application of the City of Poway's community design environmental review procedures, landscape standards, and the guidelines, standards and criteria of the OPSP to the development, redevelopment, and conservation of the Old Poway area.
2. Application of the principles and standards of the Safety Element of the Poway General Plan, including those which pertain to police protection, fire prevention and control, and seismic safety, to the special requirements of Old Poway.
3. Establishment, development, and continuing management of mixed-use projects.
4. Substantial improvement of the project area's land use patterns and spatial relationships; economic picture; and streetscape planning, community design, and aesthetic quality.
5. Substantial stoppage of urban decline and blight; through the rehabilitation and conservation of the physical fabric and structures of the project area.
6. Addressment of the replanning, rehabilitation, and re platting of the special study areas identified herein.
Statements of Policy
1. The City should establish programs, and initiate projects for the conservation, improvement, and rehabilitation of the project area's declining physical, and adverse environmental conditions.
2. The City should establish programs oriented towards the comprehensive improvement of Old Poway's economic picture.
3. The City should address the project area's transportation, traffic, drainage, and infrastructural needs through intensified capital improvement programming, and special programs tailored to the special needs of Old Poway.
4. The City should implement the Old Poway Streetscape Plan and the architectural Design Standards and Guidelines of Part One.
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X.
Ordinance No. 875
5. The City should Address the project area's sewer, water, and public utility needs.
PLANNING AND DESIGN PROPOSALS, SPECIAL REQUIREMENTS
The uses permitted for commercially zoned properties located within the CG zone in the OPSP area shall be the same as for the Commercial General (CG) zone of the Zoning Development Code with the following exceptions:
Commercial General (CG Zone) Land Uses
The following uses shall not be permitted:
1. Adult Businesses as defined in Sections 17.04.040 through 17.04.085
2. Appliance stores and repair
3. Athletic and Health club
4. Automobile and or truck services (including, but not limited to, body repair, painting, and car washes) and sales
5. Boat and camper sales and services
6. Fast food restaurants with drive-in or drive-through
7. Equipment rental yards including, but not limited to, trucks, trailers, hitches and services thereof
8. Supermarkets
9. Gasoline dispensing and/or automotive service stations
10. Department stores, discount department stores and membership department stores
11. Motorcycle sales and services including motorized bicycles
12. Nurseries and garden supply stores (except small-scale, retail, specialty stores where all equipment and supplies are kept within an enclosed area)
13. Sign painting shops
14. Tire sales and services
15. Vehicle storage yard
16. Convalescent homes and hospitals
The following additional uses shall be permitted:
1. Small hotels, bed and breakfast establishments, and boarding houses 13 of 25
August 5, 2025, Item #3
2. Farmer's market
3. Civic buildings
Ordinance No. 875
The following uses shall be permitted with approval of a Conditional Use Permit:
1. Residential units within a commercial project
2. Outdoor musical performances shall be an allowed use within the designated Music Overlay District (MOD) of the OPSP with an Administrative Use Permit (AUP), which requires discretionary approval authorized by the Director and subject to the requirements outlined in Section XX under the implementation procedures for allowed uses in the MOD
XI. RESIDENTIAL LAND USES
The planning and design of residential projects shall be in conformance with the regulations and requirements of the Zoning Development Code and those of the OPSP concerning land use density. Architectural design, signage, historic exterior colors, streetscape, planning, and works of fine art.
XII. PARKING AND LANDSCAPING REQUIREMENTS
Parking and landscaping requirements shall be in conformance with the City's on-site parking provisions and landscape standards.
XIII. WALLS AND FENCES
Walls and fences shall meet the City standards for construction, noise attenuation, and other environmental concerns. The architectural design and materials of walls and fences shall be consistent with the associated development project, shall promote visual quality, and shall be aesthetically pleasing to neighboring property owners and the general public.
In cases where walls and fences are not necessary for environmental protection purposes, strong consideration should be given to delete the requirement for such.
XIV. STRUCTURAL SETBACKS
Setbacks shall be as required by the PMC for the applicable zone except that buildings in the Commercial General zone which front on Midland Road shall be built to the front property line. Appurtenant building features such as porches, canopies, boardwalks, eaves, and awnings are encouraged and may extend up to ten feet into the public right of-way if so approved as part of the development review. These features shall be designed so as not to substantially create a safety hazard or public liability. 14 of 25
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Structural setbacks for residential projects shall be the same as the requirements of the Zoning Development Code (R zones) except when the City Council determines that a deviation from these standards will further the goals of this plan or is necessary because of lot configuration, potential environmental impacts, other physical constraints, and land use compatibility with surrounding land uses.
xv. CIRCULATION, TRANSPORTATION, DRAINAGE, AND INFRASTRUCTURE Over a period of many years, prior to the City of Poway's incorporation in 1980, Old Poway has evolved from a rural community to an urban settlement. This has occurred with a minimum of governmental planning. Consequently, drainage and infrastructure improvements were installed in a piece-meal, uncoordinated manner. This has resulted in a drainage and infrastructure system which is largely substandard and does not adequately serve the project area.
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Many of the existing streets and alleys in the project area do not meet the City of Poway's design standards. These standards include specifications for street width, sidewalks, curbs, gutters, and driveway entries. In order to address and resolve these deficiencies, the following is proposed.
1. Streets which are characterized by congestion or fail to provide effective circulation have a deleterious impact upon the areas they serve, and should be immediately and comprehensively studied.
2. Walkways used by children going to and from school should be improved and separated from vehicular traffic. Furthermore, new development and redevelopment projects should be required to place greater emphasis on pedestrian activity.
3. A capital improvement program should be prepared for the project area. This program should address the storm drain, sewerage, water, other utilities, transportation/circulation, and related infrastructure needs of the community.
XVI. OPEN SPACES
Old Poway's rural character and environmental quality can be maintained and enhanced through the provision of open spaces that are either natural or improved as part of a development project. One of the most visually prominent natural features in the project area is Rattlesnake Mountain. Because of its historical significance, ownership record, and its importance to the community as an environmental resource, it is proposed that this topographic feature be renamed "Kent Hill."
The following criteria for the siting of open space should be employed in the consideration of development in the project area:
1. Private and public open spaces such as parks, promenades, plazas, and enclosures should be incorporated as design features.
2. Common or joint open spaces, which serve several uses or buildings, are preferable to those which serve a single land use.
3. Open spaces should be accessible to external pedestrian traffic.
4. Open spaces, where feasible, should be protected from vehicular traffic.
5. Open spaces should be sited in a manner which provides interesting views to the pedestrian and traveler.
6. Open spaces should be sited in a manner which encourages effective landscaping, setbacks, buffers, and separations from adjacent development.
7. From a design standpoint, open spaces should be located, arranged, and developed in such a manner that they constitute an orderly extension of the building or buildings with which they are related, and vice versa.
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8. Where surface open spaces are not practicable, the employment of roof gardens and window boxes should be encouraged.
9. Terminal features such as fountains, statues, major buildings, and clusters of trees should be factors in the determination of the siting and arrangement of open spaces.
XVII. WORKS OF FINE ART
The use· of works of fine art would substantially improve the aesthetic, historic, and environmental quality of Old Poway. For the purposes of the OPSP, works of fine art, are limited to exterior works, and include, but are not limited to, sculpture, statuary, fountains, murals, monuments, stained glass, wood carvings, and other appropriate and authentic/historic features (i.e., wagons, windmills, farm implements) that manifest the historic period of the Old Poway area that was established in 1887.
Criteria and Requirements:
1. The City Council or Redevelopment Agency should encourage and participate in the procurement and installation of works of fine art. These works, at the discretion of the Council/Agency may be located on any public site, or with the requisite permission, on any private site. The area defined as the mandatory standards area of Old Poway, as depicted on Attachment 1 of the resolution approving Part One (see page 43 of Part One), is the area where works of fine art should be strongly encouraged .
2. Each private developer of a project within the mandatory standards area described above, should be encouraged to procure and install a work affine art. For the purposes of these requirements, a project is defined as a new building, a development project, or a substantially remodeled building or remodeled development project, as defined in Part One (see page 4, item 9).
3. The City Council/Redevelopment Agency, at its discretion, may permit private developers to acquire works of fine art for their individual projects, or to participate in a joint program with the City Council or Redevelopment Agency for the acquisition of works of fine art. The private developer may substitute a fine arts work with streetscape features as depicted on the Old Poway Streetscape Plan (Exhibit A of Part Two), and adjacent to the proposed development project with the approval of the City Council/Redevelopment Agency.
4. Works affine art should be appropriately located, and such locations shall be approved by the City Council/Redevelopment Agency. The City Council/Redevelopment Agency should consider the following location criteria prior to approving the siting of fine art in the project area:
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a. Professional quality and/or authenticity of the work of fine art. b. Antiques or period pieces proposed as fine art work should be of reasonable quality and condition .
c. Compatibility of the work to adjacent land uses and development projects. d. The scale of the work should be compatible with its location and setting.
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Ordinance No. 875
e. Cultural significance and educational value of the work. f. Compatibility of the work with the aesthetic values of the people of the City of Poway.
XVIII. OLD POWAY STREETSCAPE PLAN
The proposed streetscape plan for Midland Road and Aubrey Street is shown on Exhibit A The plan recommends the installation of 18 specific street furniture, light standard, and hardscape items as follows:
Item
Street Light
Pedestrian Light
Trash Receptacle
Entryway Sign
Tree/Planters/Seating
Fire Hydrant
Bus Bench/Shelter
Kiosk
Trash Barrel
Quantity
9 19
4 3
4 4
4 6
undetermined
Item
Bike Rack
Street Sign
Directional Sign
Bollard
Hitching Post
Hitching Rail
Watering Through/Planter
Half Barrel Plantar
Decorative Crosswalks
Quantity
14 Some of the above items are catalogue or current manufacturer's items, but the balance are of special design and unique to Old Poway.
XIX. MIXED USE PROJECTS
This plan encourages the development of mixed-use projects where residential rental or ownership dwelling units and commercial land uses can coexist in harmony, can be compatible with surrounding land uses and development, and can meet the regulations and special requirements of the Poway Zoning Development Code and those of this specific plan.
The following standards must be achieved for mixed use projects:
1. Residential units for rental or ownership shall be attached to commercial buildings and located above or to the rear of the first-floor commercial space.
2. All on-site parking requirements must be met for specific residential and commercial uses proposed as identified in the on-site parking regulations of the Zoning Development Code.
3. The adopted Landscaping Standards of the City of Poway shall be employed.
4. The City shall require that agreements be approved between the project developer and project owners and/or tenants with respect to project management, building and parking lot maintenance, utilities, financing, on-site parking arrangements, and landscape maintenance.
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5. The intensity and lot coverage of mixed-use projects shall be no greater than that permitted by the Commercial General (CG zone) and Multi-family Residential (RA and RC zone) requirements of the Zoning Development Code.
6. Architectural design, exterior colors, signage and graphics, works of fine art, structural setbacks, and streetscape features/furniture of mixed-use projects shall be in conformance with Parts One and Two of this specific plan.
7. The ratio of residential to commercial floor area within mixed-use projects shall require special consideration and approval by the City.
XX. IMPLEMENTATION PROCEDURES
Development under this specific plan shall proceed according to normal procedures of the City of Poway with regard to development review, conditional use permit, variance, and subdivision provisions . A development review may be required on any, and all, new structures as outlined in the PMC.
This specific plan proposes development goals, objectives, standards, and guidelines for the project area. Where such provisions differ from those listed in the Poway General Plan and Municipal Code, the provisions contained within this specific plan shall take precedent.
1. Implementation Procedures for Musical Performances in the OPSP Music Overlay District (MOD) with an Administrative Use Permit (AUP) Outdoor and indoor music performances are conditionally allowed at commercially zoned properties within the designated MOD as outlined below, but only with the approval of an AUP.
2. Music Overlay District Location
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See Exhibit A below for an aerial map depiction of the MOD. The proposed MOD would span a rectangular block of currently commercial zoned proportions bounded by Temple Street to the north, Brighton Avenue to the east, Edgemoor Street to the south, and Midland Road to the west.
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Exhibit A - Plan view of the Music Overlay District (MOD, shaded) and sample inclusive venue locations (orange callouts) and nearby noise-sensitive residential land uses (red arrows, tagged by zoning abbreviation) through a special events permit.
3. Procedures for obtaining an Administrative Use Permit The following discusses the procedure that an existing or future commercial business within the MOD can use to obtain an AUP.
a. Investigation and Report. At the applicant's sole cost and expense, the Director shall make an investigation of the application site plan showing the proposed location of the music, the sound attenuation measures, time and date of the performance, and a description of the proposed musical event characteristics . The Director shall then prepare a report identifying the proposed action to be taken, as well as any conditions to be applied to the application .
b. Action. Prior to acting to approve, approve with conditions, or deny an application for an AUP, the Director shall provide notice to property owners within 500 feet of the exterior boundaries of the subject property. The notice shall state that the Director will decide whether to approve, conditionally approve , or deny the AUP application on a date specified in the notice, and a public hearing will be held only if requested in writing by any interested person before the specified date for the decision .
Any written request for a hearing shall be based on issues of significance directly related to the application. If the Director determines that the evidence has merit and can be properly addressed by a condition of approval. no hearing shall be required.
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not apply, a hearing before the Director shall be scheduled, noticed, and conducted.
c. Required Findings. The Director shall make the following findings before granting or modifying an AUP:
i. The proposed location and operating characteristics of the proposed musical performances is in accord with the Music Overlay District, the OPSP, the purpose of the zone in which the site is located, and the City General Plan;
ii. The location and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures or natural resources;
iii. There will not be a harmful effect upon desirable neighborhood characteristics;
iv. The generation of noise will not adversely impact the physical character of surrounding streets, the Music Overlay District and/or the OPSP area;
v. The site is suitable for the type and intensity of music performance which is proposed;
vi. There will not be significant harmful effects upon environmental quality and natural resources;
vii. There are no other relevant negative noise impacts of the proposed use that cannot be mitigated; and
viii. That the proposed use will comply with each of the applicable provisions of this Specific Plan.
d. Notice of Decision. Within five days of rendering a decision on an AUP, the Director shall notify the applicant in writing of the decision. e. Appeals. Any decision of the Director may be appealed to the City Council and filed in accordance with the PMC.
f. Permit to Run with the Land. An AUP granted pursuant to the provisions of the Music Overlay District in the OPSP shall continue to be valid upon a change of ownership of the site, business, service, or structure which was the subject of the application.
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i. If a use is changed, the MOD AUP may be cancelled by the City, and will require a new MOD AUP for the new use.
g. Permit Allowances. Upon receiving an AUP within the Music Overlay District, participating in existing and future commercially zoned businesses can host (or produce their own) indoor or outdoor music performances including live or pre recorded music comprising vocals and instruments that may be amplified with conventional reinforcement techniques (e.g., speakers). Outdoor music (or more broadly, entertainment) must be consistent in character with the neighborhood and the OPSP objectives.
h. Suspension and Revocation. The provisions of PMC 17.48 related to modification, suspension, revocation, new applications and annual review shall apply to the AUP.
4. Music Overlay District Permit Compliance Requirements Hosted music performances at venues within the Music Overlay District would need to comply with the City of Poway's existing noise ordinance, which includes exterior noise limits depending on time of day and the type of land use in which the sound from an event is received. Pertinent portions of the PMC are summarized in the Noise Assessment prepared for the MOD available for review at the City Development Services Department.
5. Music Overlay District Monitoring
Permittees shall be required to self-monitor and report to the City Development Services Department by filling out and complying with the associated requirements in the OPSP MOD Project Design Feature-Noise-1 Implementation Form (PDF-NOl-1 IF) (form available from the Planning Divsion).
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The requirements for monitoring in the OPSP MOD include the following:
a. A sound level meter (SLM) model implemented for Event measurement sampling must be America National Standards Institute (ANSI) Standard S1 .4 Type 2 (general purpose) rated or better.
b. All SLM, microphones, and calibrators shall demonstrate, by way of an affixed seal on the instrument or via documentation reviewed by and/or to the satisfaction of the Qualified Acoustician, that they have undergone certified factory or laboratory calibration conformance testing within a year prior to expected usage in the field.
c. The SLM shall be capable of measuring A-weighted (dBA) noise levels and operating on the "slow" response setting.
d. A Qualified Acoustician shall have the following minimal qualifications:
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i. Bachelor of Science or higher degree from a qualified program in engineering, physics, or architecture offered by an accredited university or college, and five years of noise analysis; or current enrollment as a full Member or Board-certified Member in the Institute of Noise Control Engineering (INCE).
ii. Demonstrated experience in preparing and implementing construction noise controls, sound abatement, and monitoring plans on construction projects, calculating construction noise levels, and designing and overseeing the implementation of construction noise abatement measures.
6. Music Overlay District Reporting
The permittee shall produce annual reports demonstrating compliance with the shared threshold during evening hours at the one meter from the source of the music. The annual report would include all OPSP MOD AUPs and PDF-NOl-1 IF produced throughout the calendar year.
7. Scope of the Musical Performances Allowed in the Music Overlay District Because of the proximity of existing residential land uses outside the Music Overlay District, the scope of outdoor music performances should be relatively modest productions - Larger or more intense performances would almost certainly need to be planned and executed indoors and within buildings structural envelopes featuring closed windows and doors or would require a separate noise analysis confirming compliance with the noise ordinance. Additionally, no performances would occur during nighttime hours (10 p.m. through 9 a.m.).
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Permittees wishing to host outdoor or indoor music performances in the MOD must ensure compliance with the City's noise threshold by implementing the following Project Design Features (PDF) identified below.
Operation of any outdoor or indoor music event hosted by a commercial business within the Overlay Zone shall conform to the following acoustic conditions:
a. Daytime and Evening (9 a.m. to 10 p.m.)
i. Attendance within the spectator area of the indoor or outdoor venue shall not exceed 60 persons or fewer if limited by PMC or permit and include patrons and any onsite support staff that host the event in progress.
ii. Music at the event shall not begin before 9 a.m. or continue after 10 Q.J11.
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iii. For outdoor events, the aggregate sound level from live (acoustic) performers and/or from one or more speakers emitting amplified music shall not exceed a total of 84 A-weighted decibel (dBA) sound pressure level (SPL) at a distance of 3.28 feet (one meter) from the position of the nearest performer or speaker. A higher aggregate sound level of up to +5 dB may be permitted if an acoustic blanket, solid fence, or other acoustically non-porous barrier is installed and provides linear occlusion (a.k.a., line-of-sight block) between the music sound sources and the nearest offsite receptors that would otherwise be exposed. iv. For indoor events, the aggregate sound level from live (acoustic) performers and/or from one or more speakers emitting amplified music shall not exceed a total of 94dBA (99 dBA with acoustical screening) at a distance of 3.28 feet (one meter) from the position of the nearest performer or speaker. A higher aggregate sound level of up to +15 dB (i.e., 109dBA SPL (114 dBAwith acoustical screening] at one meter) may be permitted if all windows and doors of the event space are closed.
v. If any proposed event parameters above may exceed the indicated constraints, then a qualified acoustician shall prepare or review a predictive sound propagation analysis prior to the proposed event in order to identify need for recommended noise control or sound abatement implementation measures that could include (but not be limited to):
A. Via the pre-installed house audio-visual (AN) system or AN hardware supplied by the hosted event performers, set
electric controls on amplified sound levels to comply with the a.iii SPL threshold;
B. For an outdoor music venue, install temporary noise walls, curtains, or other barrier forms so as to improve containment and absorption of sound within the outdoor music venue
space and thus minimize spill-over noise to the community beyond; and
C. Install on-site sound level measurement systems (e.g., akin to Nti Audio of comparable supplier technology) to monitor event sound levels in real-time and provide alerts to event hosts and administrators. Collected data and alerts offer an opportunity to provide feedback to event performers as part of implementing administrative control sound emission
levels.
vi. Collected data from 8.b.iii above can also provide evidence that an event was compliant with required sound limits and might be used to support assertions that future events (such as an annual seasonal festival) would also be compliant.
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9. Music Overlay District Enforcement
Ordinance No. 875
The Sheriff's Office shall have primary responsibility for the enforcement of noise complaints about musical performances within the MOD per PMC Chapter 8.08.180.
Noise complaints can be made by contacting the Sheriff's non-emergency dispatch at 858-968-3200 or 858-513-2800 (during regular business hours).
XXI. AMENDMENT PROCEDURES
Any amendment, whether City-initiated or private, to Specific Plan 88-01 (Part Two) shall be processed in accordance with Chapter 17.47 (Specific Plan Regulations) of the Zoning Development Code and shall, if approved, be adopted by City Council resolution.
XXII. ENVIRONMENTAL REVIEW
Staff has conducted an Environmental Initial Study for the proposed project which consists of the OPSP, Part Two. The proposed project would apply to all future development located within the project area, and such development would be assessed for potential environmental effects at the time future development applications are considered by the City. The project would serve to implement the goals and objectives of the General Plan.
The application of the project to future development projects would not result in any adverse significant environmental effects.
XXIII. FINDINGS
Parts One and Two comprise the entire OPSP document which has been prepared in accordance with Section 65450 of the California Government Code (Article 8. - Specific Plans). The plan is fully consistent with the Poway General Plan and will provide for its systematic implementation.
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