Item 13 - SPA 21-001, Amendment to PRSP to allow Thrift Stores as a Conditional UseApril 20, 2021, Item #13DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway April 20, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services~ Robert Manis, Director of Development Services (858) 668-4601 or bmanis@poway.org CITY COUNCIL Specific Plan Amendment 21-001, an Amendment to the Poway Road Specific Plan to allow Thrift Stores as a Conditional Use in the Commercial Office and Mixed Use Land Use Districts and Antique Shops and Consignment Stores in the Mixed Use Land Use District The Poway Road Specific Plan (PRSP) was adopted by the City Council on December 5, 2017. The Plan, as adopted, allows thrift stores with a Conditional Use Permit (CUP) in two of the five land use districts in the PRSP area, while prohibiting them in the other three districts. The proposed Specific Plan Amendment would add thrift stores as an allowed use with a CUP in two additional land use districts: Commercial Office and Mixed Use. The proposed amendment would also add antique shops and consignment stores as a permitted use in the Mixed Use land use district. Recommended Action: It is recommended that the City Council take public input, close the public hearing, and introduce the Ordinance for first reading by title only, waive further reading, and schedule the adoption for May 4, 2021. Discussion: The PRSP was adopted to help revitalize Poway Road, the main commercial corridor through Poway. With the PRSP, land uses and zoning regulations were revisited and modified to encourage desired types of developments, both commercial and residential. Regulations were also adopted to eliminate certain undesirable uses or limit them to certain areas. The goal was to provide land use and zoning regulations for the Poway Road corridor that would result in a mix of residential, commercial, and service uses and create vibrant street activity in some areas while providing commercial and employment opportunities in other areas. Preparation of the PRSP included several meetings with an Ad-Hoc Committee made up of various interests in the community. One of the issues raised during those meetings was the existence of 1 of 9
April 20, 2021, Item #13numerous thrift stores and the image this created. Rather than ban these from Poway Road, they were limited to the more general commercial land use districts and prohibited in the more dense, pedestrian-oriented districts. The PRSP is divided up into five land use districts. These are illustrated in Figure 3-1 of the PRSP (Attachment B). Currently, thrift stores are allowed with a CUP in the Commercial General (CG) and Automotive/ General Commercial (A/GC) land use districts. They are prohibited in the Commercial Office (CO}, Mixed Use (MU) and Town Center (TC) land use districts. Similarly, antique shops and consignment stores are allowed by right in the CG, A/GC and CO land use districts and prohibited in the MU and TC districts. On February 2, 2021, the City Council considered a request from Councilmember Frank to direct staff to amend the PRSP to allow thrift stores with a CUP in the MU and TC land use districts (Attachment C). After discussion, the City Council directed staff to pursue an amendment to the PRSP to allow thrift stores in the CO land use district with a CUP. During evaluation of the specific plan amendment, it was observed that all areas with the CG land use designation (where thrift stores are allowed with a CUP) are adjacent to the areas with the MU land use designation. Because of this adjacency, it would be acceptable to allow thrift stores also in the MU land use district with a CUP. Additionally, several areas that are now in the MU land use district previously had zoning that allowed thrift stores. The MU land use district is intended to provide a mix of retail and residential uses, so thrift stores could fit in with this goal. For these reasons, the proposed amendment to the PRSP adds thrift stores as an allowed use in the CO and MU land use districts, subject to the approval of a CUP. The CUP will allow the City to address issues associated with thrift stores that have historically needed to be regulated such as donation drop off locations, outdoor storage and display, and signage. Antique shops and consignment stores are other forms of retail establishments that sell secondhand merchandise. These differ from thrift stores primarily in the quality of merchandise sold and the manner in which it is received. Antique shops and consignment stores are permitted by right (do not require a CUP) in the CG, AG/C and CO land use districts. The proposed amendment to the PRSP adds antique shops and consignment stores as permitted uses in the MU land use district. With the proposed amendment to the PRSP, thrift stores, antique shops and consignment stores will all be allowed in the same land use districts except that thrift stores will require a CUP while antique shops and consignment stores will be allowed by right. None of these secondhand merchandise retail establishments will be allowed in the TC land use district. The proposed amendment will modify Table 3-1 Land Uses and Permit Requirements, in the PRSP. The modified page of Table 3-1 is provided as Attachment D. Environmental Review: An Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality Act (CEQA) in conjunction with the adoption of the PRSP and was certified on December 5, 2017. The PRSP EIR analyzed the potential impacts of the proposed build-out of the Poway Road Corridor in the manner permitted by the Specific Plan. The proposed SPA is consistent with the PRSP and conforms with the requirements, development standards and guidelines therein and, therefore, no further environmental analysis is required because the project's impacts have already been adequately analyzed and are fully covered by the previously certified EIR. Additionally, there are no significant changes proposed that would require subsequent or supplemental environmental review pursuant to Public Resources Code section 21166 and CEQA Guidelines sections 15162 and 15163. 2 of 9
April 20, 2021, Item #13Fiscal Impact: None. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, April 8, 2021. A public notice was mailed to property owners and occupants located inside the boundary of the PRSP and within 500 feet of the PRSP boundary. Attachments: A. Ordinance B. PRSP Land Use Plan C. February 2, 2021 Memorandum from Councilmember Frank D. Table 3-1 of the PRSP with proposed amendments Reviewed/ Approved By: Assistant City Manager 3 of 9 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~ City Manager
April 20, 2021, Item #13ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT 21-001 TO THE POWAY ROAD SPECIFIC PLAN TO ALLOW THRIFT STORES IN THE COMMERCIAL OFFICE AND MIXED USE LAND USE DISTRICTS AND ANTIQUE SHOPS AND CONSIGNMENT STORES IN THE MIXED USE LAND USE DISTRICT WHEREAS, Chapter 17.47 (Specific Plan Regulations) of Title 17 (Zoning Development Code) of the Poway Municipal Code provides the requirements for the initiation, preparation, and adoption of Specific Plans in accordance with Section 65450, et seq. of the California Government Code (Article 8, Specific Plan); WHEREAS, Specific Plan Amendment (SPA) 21-001 is proposed to allow thrift stores with a Conditional Use Permit in the Commercial Office and Mixed Use land use districts and to allow antique shops and consignment stores by right in the Mixed Use land use district of the Poway Road Specific Plan; WHEREAS, on April 20, 2021, the City Council held a duly advertised public hearing to solicit comments from the public, both in favor and against SPA 21-001; WHEREAS, the City Council has read and considered the agenda report for the proposed project and has considered other evidence presented at the public hearing. 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: An Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality Act (CEQA) in conjunction with the adoption of the PRSP and was certified on December 5, 2017. The PRSP EIR analyzed the potential impacts of the proposed build-out of the Poway Road Corridor in the manner permitted by the Specific Plan. The proposed SPA is consistent with the PRSP and conforms with the requirements, development standards and guidelines therein and, therefore, no further environmental analysis is required because the project's impacts have already been adequately analyzed and are fully covered by the previously certified EIR. Additionally, there are no significant changes proposed that would require subsequent or supplemental environmental review pursuant to Public Resources Code section 21166 and CEQA Guidelines sections 15162 and 15163. SECTION 3: The City Council hereby approves this Ordinance (SPA 21-001) as follows: Chapter 3, Section 3.2, Table 3-1 shall be amended as shown in exhibit A, attached hereto. Removals are indicated with strikethroughs and additions are indicated with underline. SECTION 4: Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its 4 of9 ATTACHMENT A
April 20, 2021, Item #13Ordinance No. *** Page 2 application to any other person or circumstance. The City Council declares that it would have adopted each section subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact of any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. SECTION 5: This Ordinance shall be codified. SECTION 6: All references to the Government Code are inclusive of any amendments that may occur following adoption of this Ordinance. 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. INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 20th day of April, 2021, and thereafter PASSED AND ADOPTED at a Regular Meeting of said City Council held the 4th day of May, 2021, by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Vaida Pavolas, CMC, City Clerk 5 of 9
April 20, 2021, Item #13EXHIBIT A TABLE 3-1 LAND USES AND PERMIT REQUIREMENTS P = Permitted by Right A= Accessory Use Land Uses AUP = Administrative Use Permit X = Not Allowed C = Conditional Use Permit TC MU co CG A/GC Additional Regulations RETAIL Alcohol Sales -Associated with a winery, brewery, or AUP AUP C C C distillery Antique Shop; Consignment Store X Xf_ p p p Drive-through Facility X C AUP AUP AUP Liquor stores are not permitted within 1,000 feet Liquor Store C C X C C of any public school. Retail Store (up to 20,000 sq. ft.) p p p p p See also PMC Section 5.48 (Firearms Sales). Retail Store (greater than 20,000 sq. ft.) AUP AUP p p p See also PMC Section 5.48 (Firearms Sales). Thrift or similar second-hand sales X ~ ~ C C VEHICLE USES Automobile Repair and Service -Major (all except quick-service facilities, such as lube and tune-up) X X X C AUP Automobile Repair and Service -Minor X X C C AUP No vehicles shall be stored outside overnight. Automobile Sales, Lease, and Rentals X X C C p Includes used automobile sales poway road corridor specific plan I land use regulations and development standards I 3-13 6 of9
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April 20, 2021, Item #13M EMQRAN DLJ M City of Poway DATE: TO: FROM: February 2, 2021 Members of the City Council Caylin Frank, Councilmember SUBJECT: Amend Poway Road Specific Plan to Allow for Thrift Stores in the Mixed-Use and Town Center Zones Summary: In 2017, the Poway Road Specific Plan was adopted to provide a long-term strategy for revitalizing public and private properties along Poway Road and for creating a town center for all community members to achieve a diverse mix of uses that contribute to a lively economic, social, and cultural center for Poway. This plan did not allow for thrift stores in all zones of the Specific Plan. In 2018, the thrift store tenants in Poway's Carriage Square West strip mall were notified their leases would not be renewed. Since learning of their lease terminations, many of these thrift stores have struggled to find an affordable place to relocate. Additionally, moving to a new location with increased rent rates would diminish the already small profits they generate from sales, resulting in a greater loss of income for the charities they serve. Many Poway residents have expressed their views that they would like thrift stores to be allowed as these stores provide a great service to low-income shoppers and the community, along with a fun experience for bargain hunters. We continue to hear from groups offering this type of business and believe the community will support their inclusion along Poway Road. Recommended Action: I ask for Councilmembers' concurrence to direct Staff to amend the Poway Road Specific Plan to allow thrift stores in the Mixed-Use and Town Center zones, subject to approval of a Conditional Use Permit Application. Attachments: None Reviewed/ Approved By ,· ·)hruJ&, v··· ···· · Wen~y Kaserman Assistant City Manager 1 of 1 8 of 9 Reviewed By: Alan Fenstermacher City Attorney ATTACHMENT C Approved By: C~e City Manager February 2, 2021, Item #8
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TABLE 3-1 LAND USES AND PERMIT REQUIREMENTS
Land Uses
RETAIL
Alcohol Sales -Associated with a winery, brewery, or
distillery
Antique Shop; Consignment Store
Drive-through Facility
Liquor Store
Retail Store (up to 20,000 sq . ft.)
Retail Store (greater than 20,000 sq. ft.)
Thrift or similar second-hand sales
,_
VEHICLE USES
Automobile Repair and Service -Major (all except quick-
service facilities, such as lube and tune-up)
Automobile Repair and Service -Minor
Automobile Sales, Lease, and Rentals
P = Permitted by Right
AUP = Administrative Use Permit
A= Accessory Use
X = Not Allowed
C = Conditional Use Permit
TC MU co CG A/GC Additional Regulations
AUP AUP C C C
X Xf p p p
X C AUP AUP AUP
Liquor stores are not permitted within 1,000 feet
C C X C C of any public school.
p p p p p See also PMC Section 5.48 (Firearms Sales).
AUP AUP p p p See also PMC Section 5.48 (Firearms Sales).
X x~ x~ C C
X X X C AUP
X X C C AUP No vehicles shall be stored outside overnight.
X X C C p Includes used automobile sales
poway road corri dor specific plan I land use regulations and development standards I 3-13