Item 4.1 - PDC 17-003; A Request to Consider Rezone from Commercial Neighborhood to Commercial General; 14251 Garden Rd./,,.'car ie rH[ caG� W'9Y
p.
City of Poway
COUNCIL AGENDA REPORT
DATE:
TO:
FROM:
CONTACT:
October 3, 2017
APPROVED
APPROVED AS AMENDED
❑
(SEE MINUTES)
DENIED
❑
REMOVED
❑
CONTINUED
RESOLUTION NO.
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services
Joseph Lim, City Planne
(858) 668-4604 orjlim@po org
SUBJECT: Pre -Development Conference (PDC) 17-003: A request to consider
a rezone from Commercial Neighborhood (CN) zone to Commercial
General (CG) zone at 14251 Garden Road
Summary:
The property owner, Roben Mansur, is considering pursuit of a zoning and land use
designation change on the site from Commercial Neighborhood (CN) to Commercial
General (CG), which would allow him to submit a conditional use permit application to
provide vehicle/truck rental (U -Haul rentals) services at 14251 Garden Road. The owner
is seeking City Council feedback on the proposal.
The review of PDC 17-003 is considered advisory only. The City Council will not render
any decision. If the Proponent wishes to proceed with an application, it is with the
understanding that the City Council has made no representation upon which the
Proponent may rely. The Agreement of Understanding is included as Attachment A.
Recommended Action:
It is recommended that the City Council provide input and direction regarding the request.
Discussion:
The CN zoned site is located on the southwest corner of Garden Road and Claire Drive
and currently has a liquor/convenience store business, known as California Keg and
Liquor, and a single family residence. Properties to the north, south and west are zoned
CG. Uses on those properties include offices and public storage to the north and a church
on the south and west. The property to the east is also zoned CN and contains a retail
feed store. (Attachment B and C)
In 2004 a Conditional Use Permit (CUP) and Minor Development Review Application
(MDRA) were approved by City Council to allow the liquor store and an expansion to what
was then a nonconforming use. In 2011 an Outdoor Display Permit (ODP) was approved
that allows propane tank display and exchange on the outside of the building. The
existing house is legal nonconforming in that mixed use/residential developments are not
permitted in the CN zone and the house does not have a required 2 -car garage.
In addition to the existing liquor store, the property owner would like to change the land
use designation to CG so that he may request establishment of a U -Haul rental for up to
1 of 7 October 3, 2017, Item # 4.1
Pre -Development Conference 17-002
October 3, 2017
Page 2
six vehicles at the site. Per the requirements of the Poway Municipal Code, equipment
rental may permissible in the CG zone with approval of a CUP.
The site currently contains an 1,820 -square foot liquor store and an 810 -square foot
single-family residence. The liquor store was constructed in 1950, and the house was
moved onto the site in 1954. The site was developed prior to City incorporation. A block
wall on the east side of the house separates the house from the 50 -foot drainage
easement that exists on the property. The drainage easement runs north to south from
Garden Road toward the south property line.
The property owner would like to park the rental vehicles on the southeastern portion of
the site. That area is approximately 1,900 square feet in size and is currently a gravel
surface used for overflow parking for both the commercial and residential use. There are
also currently steel bollards connected with chain link which roughly delineates the
property boundary.
Over the years several improvements have been completed to allow for some of the
additional retail uses, such as landscaping the corner of Garden Road and Claire Drive,
paving and restriping of the parking lot, screening of rooftop equipment and other exterior
building improvements. If the property were to be rezoned and the property owner
pursued a conditional use permit for the U -haul rental, staff would recommend that
additional improvements be completed to the property, including paving of the area where
the rental vehicles would be parked as well as some additional landscaping, curb and
gutter improvements along remaining frontage of Claire Drive.
The CN zone is intended to contain uses which provide limited retail, business service
and office facilities for the convenience of neighborhood residents and are intended to be
compatible with a residential environment. Whereas, the CG zone is intended to allow
establishment of a broader range of commercial retail and service uses that may serve
residents beyond the neighborhood in which it is located.
While the property is not immediately adjacent to any residential or other sensitive uses
except the one located on site, changing the zoning of the property would allow for other
principally permitted and conditionally permitted uses that may otherwise not be allowed.
Though changing the zoning of the property to CG would allow other uses not currently
allowed on this property, it would not be introducing allowable new uses to the area since
adjacent properties to the north, south and west are already zoned CG. Changing the
zoning to CG would also allow for the expansion of the legal nonconforming house with
a conditional use permit, which would be prohibited with the current CN zoning
designation. The following table highlights uses that differ between the CN and CG zone
[Permitted (P), Conditionally Permitted (C), Minor CUP (M), Prohibited (X)]:
Use CN CG
Veterinary offices and animal hospitals with boarding X C
Catalog showrooms/stores X P
Hardware and home improvement stores with outside sales lot X C
2 of 7 October 3, 2017, Item # 4.1
Pre -Development Conference 17-002
October 3, 2017
Page 3
Mail order businessesX
P
Swimming pool supplies
X
P
-
Bakeries with on-site retail (may include limited baking for sale
M
P
elsewhere)
Supermarkets
X
P
Restaurants and similar establishments engaged primarily in the retail
C
P
sale of prepared food and alcoholic beverages primarily for on -premises
consumption (without drive-in or drive-through), except those serving
primarily alcoholic beverages without food
Live entertainment as an accessory use to an eating or drinking
X
M
establishment listed above unless otherwise authorized pursuant to
PMC 17.26.020. Temporary Uses
1 Bowling centers
X
C
Dance, aerobic exercise, music and martial arts studios
M
P
Recreation facilities such as billiard parlors, batting cages, skating rinks
X
C
and other large interiorsporting uses
Motion picture and live theaters
X
-
C —,
-
Blueprinting and large press printing services
-
X
P
Drive-in business, excluding theaters and restaurants with drive-in or
X
P
drive-through facilities
Equipment rental
X
C
Funeral parlors
C
P
Furniture repair (not in conjunction with furniture sales_)
X
C
Newspaper and magazine printing and publishing
X
P
- ,-
Party supply and rental
--
X
P
Photocopying and small off -set printing centers
M
P
Recycling_ centers
X
C
Small animal boarding kennels
X
C
Auto parts stores
X
P
Car rental (where there is adequate parking to allow the storage of rental
X
P
vehicles in addition to�arking required for other uses on the site)
Boat and recreational vehicle sales and rental (except as permitted by
X
C
TUB
Boat and recreational vehicle repair and service (also when in
X
C
conLunction with sales)
Car washes, except as accessory to gasoline service station
X
C
Drive-through quick lube facilities ;
X
C
Motor vehicles repair and service including but not limited to
X
C
automobiles, trucks, and motorcycles (also when in conjunction with
I
sales
Tire sales and service as a freestanding use
X
C
Vehicle towing companies and storage lots
X
C
Mixed-use developments which include dwelling units with any other
X
C
Lermitted or conditional use
Hotels, motels and single room occupancy buildings
X
C
3 of 7 October 3, 2017, Item # 4.1
Pre -Development Conference 17-002
October 3, 2017
Page 4
Small animal boarding (see PMC 17.10.140(D) and Chapter 17.34 X ! C
PMC) I
Tobacco shops X 1_ C
Given the size of the property it is unlikely that some of these uses would be developed
on this site, however, changing the zone would open the possibility of certain uses being
established that would otherwise not be permitted in the CN zone.
Fiscal Impact:
None.
Environmental Review:
This item is not a "Project' pursuant to the California Environmental Quality Act (CEQA),
and is therefore not subject to CEQA review.
Public Notification:
A copy of this report was sent to the Proponent.
Attachments:
A. Agreement of Understanding
B. Zoning and Location Map
C. Aerial Map
Reviewed/Approved By: Reviewed By: Approved By:
Wen4 Kaserman Morgan Foley Tina M. White
Assistant City Manager City Attorney City Manager
4 of 7 October 3, 2017, Item # 4.1
AGREEMENT OF UNDERSTANDING
City Council for the City of Poway, hereinafter referred to as "City" and
P,U b P N /u vti 5 V -v'— , hereinafter referred to as "Proponent"
enter into this Agreement of Understanding based upon the following facts:
Proponent owns or has an equitable interest in land described by tax Assessor's
Parcel Number(s) 3 2 3 0 6 01�2 2 . Proponent desires to develop
this property in accordance with the will of the City and without the expense of a
protracted development.
City is concerned that Proponent will create development plans unsatisfactory to
City and consume time and effort of City employees needlessly on unsatisfactory
development plans unless City assists in directing Proponent. Based upon the above-
mentioned facts, City will grant Proponent a hearing prior to filing any application for
development upon the following understanding:
a. City will render no decision with regards to any development proposal or part
thereof.
b. City will receive no evidence, specific in nature, in support of a particular
development plan.
c. City will make no representations that will obligate the City to render a decision in
favor of or against any development proposal or part thereof Proponent may
subsequently submit.
d. If any development proposal is subsequently submitted, Proponent will proceed
at its sole and exclusive risk with the understanding that City has made no
representations upon which Proponent may rely.
Dated: c27 ! Proponent: /
u're
5 of 7 ATTACHMENT A October 3, 2017, Item # 4.1
_ 13110 — 13131
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Zoning Map
14251 Garden Road
Print Date: Map Scale:
8/23/2017 linch = ill feet
Disclaimer: Map and omel&ta are Waved Wam te, but auraw Isnot guarznteed. MIS m not al al comment and should notbe sub#Rated br a We Swa , aPP2Isal, surve, or fOrmalng venFratlon.
6 of 7 ATTACHMENT B October 3, 2017, Item # 4.1
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AGC 13121
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Zoning Map
14251 Garden Road
Print Date: Map Scale:
8/23/2017 linch = ill feet
Disclaimer: Map and omel&ta are Waved Wam te, but auraw Isnot guarznteed. MIS m not al al comment and should notbe sub#Rated br a We Swa , aPP2Isal, surve, or fOrmalng venFratlon.
6 of 7 ATTACHMENT B October 3, 2017, Item # 4.1
7 of 7 ATTACHMENT C October 3, 2017, Item # 4.1