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Ord 847ORDINANCE NO. 847 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 Ordinance No. 847 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: ATTEST: MULLIN, FRANK, GROSCH, LEONARD, VAUS NONE NONE NONE Vai. a Pavolas, CM :. City Clerk Steve Vaus, Mayor 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 XP 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 XC XC C C VEHICLE USES Automobile Repair and Service — Major (all except quick- X X X C AUP service facilities, such as tube and tune-up) No vehicles shall be stored outside overnight. Automobile Repair and Service —Minor X X C C AUP 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 1 3-13