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Ord 814 ORDINANCE NO. 814 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, AMENDING TITLE 17 OF THE POWAY MUNICIPAL CODE REMOVING MIXED USE, COMMERCIAL BUSINESS, AUTOMOTIVE GENERAL COMMERCIAL AND TOWN CENTER ZONING DISTRICTS AND DEVELOPMENT STANDARDS THAT ONLY EXIST WITHIN THE POWAY ROAD SPECIFIC PLAN AREA FROM THE POWAY MUNICIPAL CODE (ZONING ORDINANCE AMENDMENT 17-002) WHEREAS, in 2014 the City began conducting a study of the Poway Road corridor and prepar ing a new Poway Road Specific Plan to guide the long -term growth and development of the Poway Road planning area ; WHEREAS, the new Poway Road Specific Plan contains definitions, a land use plan, development standards and design guidelines that communicate the City’s vision for the planning area and set the policy framework to guide development ; WHEREAS, the new Poway Road Specific Plan requires that the City also amend its General Plan Land Use and Zoning Map, as well as Title 17 Zoning of the Poway Municipal Code; and WHEREAS, on December 5, 2017, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, Zoning Ordinance Amendment 17-002. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1: A Final Environmental Impact Report (FEIR) was prepared for the Poway Road Specific Plan Amendment (SPA 17-001) and other relevant amendments, and the City Council certified the FEIR at a duly noticed public hearing on December 5, 2017. SECTION 2: The City Council hereby approves ZTA 17-002, and amends certain sections of the City’s Municipal Code as specified below. Removals are indicated with strikethroughs and additions are indicated with underline. SECTION 3: Section 17.06.010(B) of the PMC shall be amended by removing the MU, CB, TC and A/GC zone districts from the list of established commercial zones: 17.06.010 Establishment of zones. Division of City into Zones. In order to classify, regulate, restrict, and separate the use of land, buildings and structures and to regulate and limit the type, height, and bulk of buildings and structures in the various districts and to regulate the areas of yards and other open areas abutting and between buildings and structures and to regulate the density of population, the City is divided into the following zones: Ordinance No. 814 Page 2 B. Commercial zones shall be as follows: MU mixed use zone; CO commercial office zone; CN commercial neighborhood zone; CB community business zone; CG commercial general zone;. A/GC automotive/general commercial zone; TC town center zone. SECTION 4: Sections 17.10.020, 17.10.035, 17.10.045 and 17.10.050 are hereby repealed. 17.10.020 MU mixed use zone. The MU mixed use zone is intended for a mix of commercial and residential land uses that could exist separately or in combination on the same site. 17.10.035 CB community business zone. The CB community business zone is intended to accommodate local and communitywide commercial centers that typically serve large areas of the City. 17.10.045 A/GC automotive/general commercial zone. The A/GC automotive/commercial general zone is intended to accommodate a full range of roadway-oriented retail, service and wholesale commercial activities including especially motor vehicle sales and service. 17.10.050 TC town center zone.* The TC town center zone is intended to be the commercial center of the City and to accommodate various forms of general and specialty retail, dining and entertainment establishments and civic uses. SECTION 5: Section 17.10.060 of the PMC shall be amended by removing the MU, CB, TC and A/GC zone districts from the table: 17.10.060 Permitted and conditional uses – Commercial zones. Amended Ord. 808 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. Ordinance No. 814 Page 3 MU CO CN CB TC CG A/GC OFFICE AND PROFESSIONAL USES Professional and administrative offices, including, but not limited to: medical, dental, chiropractic, optical and related health services; investment, accounting, insurance and real estate services; travel agencies; business services such as advertising agencies, direct mail marketing companies, employment agencies, secretarial services, and collection services; engineering services P P P P P P P Banks and other financial institutions P P P P P P X Veterinary offices and animal hospitals – Without boarding – With boarding (keeping of animals on-site for medical purposes shall not be considered boarding) C X C X C X P C X X C C P C RETAIL USES Apparel and accessory stores, including jewelry stores P X P P P P X Art galleries P X P P P P X Art supply stores P X P P P P X Book stores (both new and used) P X P P P P P Camera, photographic and video supply stores P X P P P P X Catalog showrooms/stores P X X P P P X Coin, stamp, and other collectibles P X P P P P X Computer and computer software stores P P P P P P P Drug stores and pharmacies P P P P P P P Educational materials stores P X P P P P P Florists and artificial flower stores P P P P P P X Furniture and major appliance stores X X P P P P P Floor covering, drapery and upholstery showrooms where no stock is kept on-site P X P P P P P General merchandise stores including department stores and variety stores P X P P P P P Gift, novelty and souvenir shops P X P P P P X Hardware and home improvement stores – With no outside sales lot – With outside sales lot P C X X P X P P P X P C P P Ordinance No. 814 Page 4 MU CO CN CB TC CG A/GC Kitchenware, china, bedding, linen and home accessory stores P X P P P P X Luggage and leather goods stores P X P P P P X Mail order businesses P X X X X P P Music stores, including but not limited to, record stores and musical instrument stores M X P P P P X Nursery and garden supply stores (all equipment and supplies must be kept within an enclosed area) X X P P X P P Pet and pet supply stores P X P P P P P Retail combined with limited distribution and/or warehousing X X P C X P P Sewing, needlework and fabric stores P X P P P P X Sign stores (may include manufacture of small signs) P X P P P P P Sporting goods, bicycle, hobby, toy and game shops P X P P P P P Stationery and office supply stores, including news dealers and news stands P P P P P P P Swimming pool supplies M X X P P P P Tack and feed stores X X P M C P P USED GOODS STORES Consignment boutiques P X P P P P X Pawn shops X X X C X X X Thrift stores, antique shops X X P P X P P FOOD AND DRINK STORES Bakeries with on-site retail (may include limited baking for sale elsewhere) M X M P P P P Bakeries, retail only P X P P P P P Convenience stores P X P P X P P Establishments engaged in sale of prepared food primarily for in-store sale but for consumption elsewhere P P P P P P P Establishments engaged in sale of prepared food for delivery with no on-site sales or consumption X X P X X P P Liquor stores (liquor stores are not permitted within 1,000 feet of any public school) C X C C C C C Specialty food stores including: meat and fish markets; fruit and vegetable markets; candy, nut and confectionery stores; bakeries, and, health food stores P X P P P P X Ordinance No. 814 Page 5 MU CO CN CB TC CG A/GC Supermarkets X X X P P P C EATING AND DRINKING ESTABLISHMENTS AND LIVE ENTERTAINMENT Bars (with or without live entertainment) X X X X X X X Coffee houses, juice bars, and other similar establishments not involving the sale and/or on-site consumption of alcoholic beverages, and without live entertainment P P P P P P P Restaurants with drive-in or drive-through facilities C C C C X C C Restaurants and similar establishments engaged primarily in the retail 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 C C C P P P P Live entertainment as an accessory use to an eating or drinking establishment listed above unless otherwise authorized pursuant to PMC 17.26.020, Temporary Uses X M X M M M M SPORT AND ENTERTAINMENT USES Arcades and electronic games X X C C C C X Bowling centers X X X C X C M Dance, aerobic exercise, music and martial arts studios C X M P P P P Recreation facilities such as billiard parlors, batting cages, skating rinks and other large interior sporting uses M X X M M M M Motion picture and live theaters X X X P P C C Physical fitness centers a. Within an existing structure, including additions not greater than 50 percent of the existing square footage M M M M M M M b. New construction, including additions greater than 50 percent of the existing square footage C C C C C C C SERVICE USES Art and photographic studios P X P P P P P Beauty and barber shops P P P P P P P Body piercing and/or tattoo X X X X X X X Blueprinting and large press printing services M P X P X P P Clothing rental shops P X P P P P P Drive-in business, excluding theaters and restaurants with drive-in or drive-through facilities X X X P P P P Dry cleaner, retail only P P P P P P P Ordinance No. 814 Page 6 MU CO CN CB TC CG A/GC Ear piercing as an accessory use to a permitted use such as a jewelry store, department store, or a medical office P P P P P P P Equipment rental X X X C X C M Funeral parlors X C C P X P P Furniture repair (not in conjunction with furniture sales) X X X C X C P Internet cafe P P P P P P P Janitorial services X X P X X P P Locksmiths and key shops P P P P P P P Newspaper and magazine printing and publishing X X X X X P X Party supply and rental P X X P P P P Pest control services X X X X X X P Photocopying and small off -set printing centers P P M P P P P Private post offices P P P P P P P Repair shops such as clock repair, electrical and electronic repair, camera repair, and knife and scissor sharpening P X P P P P P Recycling centers X X X X X C P Recycling drop-off bins sponsored by charitable organization or school P P P P P P P Reverse vending machines and recycling stations in conjunction with retail sale of beverages M X M M M M M Self-service laundromats P X P P X P P Shoe repair shops P P P P P P P Small animal boarding kennels X X X C X C C Welding and other metal repair services X X X X X X P VEHICLE USES Auto parts stores X X X P P P P Car rental (where there is adequate parking to allow the storage of rental vehicles in addition to parking required for other uses on the site) P X X P X P P Boat and recreational vehicle sales and rental (except as permitted by TUP) X X X X X C P Boat and recreational vehicle repair and service (also when in conjunction with sales) X X X C X C M Car washes, except as accessory to gasoline service station X X X C X C C Ordinance No. 814 Page 7 MU CO CN CB TC CG A/GC Drive-through quick lube facilities X X X C C C M Gasoline service stations, including with accessory mini- markets and/or car washes but which do not provide mechanical service X X C M C C M Gasoline service stations which provide mechanical service X X C C C C M Motor vehicle sales and leasing (new and used) including, but not limited to, automobiles, trucks and motorcycles (except as permitted by TUP) X X X X X X P Motor vehicle repair and service including but not limited to automobiles, trucks, and motorcycles (also when in conjunction with sales) X X X C X C M Tire sales and service as a freestanding use X X X C X C M Vehicle towing companies and storage lots X X X X X C C PUBLIC, SEMIPUBLIC AND RESIDENTIAL USES Adult day care center C C C C C C C Churches and other religious institutions C C C C C C C Convalescent homes and hospitals on sites two net acres or greater in size X C C X X C C Day care centers other than family day care C C C C C C C Group residential, including but not limited to, dormitories, independent living, board and care and intermediate care (see Chapter 17.39 PMC; maximum living units for dormitories shall not exceed 20 per acre) C C X X X X X Fraternal, service and social clubs and lodges C C P P C P P Mixed-use developments which include dwelling units with any other permitted or conditional use C C X C C C X Overnight sleeping accommodations in conjunction with any listed semipublic use M C C C X C C Hotels, motels and single room occupancy buildings C X X C X C C Private schools and training facilities C C C P C C P Public educational institutions such as trade schools and colleges C C C C C C C Public facilities including, but not limited to, libraries, museums, post offices, government offices, and fire and police facilities C C C C P C C MISCELLANEOUS USES Ordinance No. 814 Page 8 MU CO CN CB TC CG A/GC Adult-oriented businesses X X X X X X X Fortune telling X X X X X X C Kiosks in parking lots M X M M M M X Medical marijuana: dispensaries, collectives and cooperatives; cultivation; delivery; manufacturing; storage X X X X X X X Mini-warehouses C X C C X C P Push carts X M X X M X X Small animal boarding (see PMC 17.10.140(D) and Chapter 17.34 PMC) X X X C X C C Tanning salons P P P P P P P Tobacco shops X X X X X C C Video rental centers P P P P P P P Weight reduction centers P P P P P P P Wood lots X X X X X X M ACCESSORY USES Accessory structures and uses located on the same site as a permitted use P P P P P P P Accessory structures and uses located on the same site as a conditional use M M M M M M M Caretaker’s living quarters only when incidental to, and on the same site as, a permitted or conditionally permitted use M X X X X X M Massage service when incidental to, or in conjunction with, medical, chiropractic, or similar health services; day spas, beauty parlors or barber shops; or physical fitness centers P P P P P P P “Seatainers” M M M M M M M TEMPORARY USES Temporary uses as prescribed in Chapter 17.26 PMC P P P P P P P SECTION 6: Section 17.10.120 of the PMC shall be amended to remove the MU, CB, TC and A/GC zone districts. 17.10.120 Property development standards – Generally. A. The following requirements in commercial zones are the minimum unless otherwise stated: MU CO CN CB TC CG A/GC Lot area 10,000 sq. ft. 10,000 sq. ft. 3 ac sq. ft. 10,000 sq. ft. 10,000 sq. ft. 10,000 sq. ft. 10,000 sq. ft. Ordinance No. 814 Page 9 MU CO CN CB TC CG A/GC Lot width 60' 100' 300' 60' 60' 60' 60' Lot depth 100' 100' 300' 100' 100′ 100' 100' Front yard setback 20' 20' 20' 20' 0 20' 20' Interior side yard setback (see subsection D of this section) 10' 10' 10' 10' 0 10' 10' Street side yard setback 20' 20' 20' 20' 0 20' 20' Rear yard (see subsection D of this section) 0 0 0 0 0 0 0 Lot coverage maximum 35% 40% 35% 35% 45% 30% 35% Building and structure height maximum 35' or two stories, whichever is less, except as permitted by PMC 17.10.140(C) or as expressly authorized pursuant to an adopted specific plan B. The property development and performance standards set out in this section and PMC 17.10.140 and 17.10.150 shall apply to all land and buildings permitted in their respective commercial zones except that the provisions of the Poway road specific plan shall ap ply to properties zoned CB, MU, TC and A/GC. SECTION 7: Section 17.10.190 of the PMC shall be amended to remove the MU, CB, TC and A/GC zone districts as follows: 17.10.190 Outdoor display. Requests for outdoor display of limited merchandise in excess of the time limitations of PMC 17.26.030(E) may be considered subject to the approval of an outdoor display permit by the Director of Development Services, or a minor conditional use permit by the City Council as specified below. The intent of this section s hall be to provide for the outdoor display of merchandise, where it can be demonstrated that such display can be reasonably integrated into the site and architectural designs at the location, and maintain the City’s goals to provide for quality, attractive, commercial development. The following standards shall apply to any proposed outdoor display located within the MU, CO, CN, CB, TC, CG or A/GC zoning districts, including areas with those zoning designations within the Poway road specific plan area, the O ld Poway specific plan area, and commercial uses on property designated South Poway commercial within the South Poway specific plan area.