Item 28 - CUP21-003, a Req. to Est. a Thrift Shop within and Existing Commercial Bldg at 12511 Poway Rd.June 15, 2021, Item #28DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway June 15, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services /rt Oda Audish, Associate Planner (J/A--858-668-4661 /oaudish@poway.org CITY COUNCIL Conditional Use Permit 21-003, a request to establish a thrift shop within an existing commercial building located at 12511 Poway Road Conditional Use Permit (CUP) 21-003 is a proposal to establish a thrift shop within an existing commercial building located at 12511 Poway Road. The project site is located in the Mixed Use (MU) land use district of the Poway Road Specific Plan (PRSP) area. The project has been designed to comply with City standards. Recommended Action: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution. Discussion: On April 20, 2021, the City Council approved Specific Plan Amendment (SPA) 21-001 to allow the establishment of a thrift shop in the MU and Commercial Office (CO) land use districts of'the PRSP (in addition to the Commercial General (GC) and Automotive/General Commercial (NGC)) subject to approval of a CUP. The second reading of the SPA was held on May 4, 2021 and the new regulations became effective on June 3, 2021. The applicant, Cynthia Elizondo, President of the Poway Valley Senior Citizens Corporation, is requesting approval to establish a thrift shop located at 12511 Poway Road and in the MU land use district of the PRSP area (Attachment B). Attachment C is an overall site plan for the property. The thrift shop, which will be named ReRuns ReSale Shoppe, would occupy an existing vacant 4,400-square-foot suite within a multi-tenant commercial building. Other tenants in the building include a restaurant, nail salon and spa, and a dentist. The thrift shop suite is located in the southern portion of the of the building furthest away from Poway Road. The main entrance to the store faces north towards Poway Road. Two doors located on the south side of the building provide access to the suite from the main parking lot located behind (south of) the building. The westerly of these two doors will provide a secondary customer entrance and the easterly door will be used for accepting donations. 1 of 11
June 15, 2021, Item #28Attachment D is an illustrative site plan and floor plan focused on the thrift shop. The applicant has provided a detailed operations plan for the business. Initially, the thrift shop is proposed to be open three days a week during the following hours: Friday and Saturday Sunday 9:00 a.m. to 2:00 p.m. 12:00 p.m. to 3:00 p.m. Future plans include expanding the hours of operation, as more volunteers become available, as follows: Wednesday -Sunday 1 O a.m. to 4 p.m. Otherwise by appointment only Mondays and Tuesdays will be used for donation drop-off appointments and pick-ups There would be no outdoor facilities or exterior building modifications. All business activities would be conducted and contained indoors. Donations to be sold within the store would be dropped off by appointment only or picked up by volunteers at people's homes. The applicant has indicated that the store will promote the free volunteer pick-up service. Donations arriving at the site will be brought into the building from the easterly door facing the rear parking lot and the items would be sorted indoors. A condition of approval in the proposed Resolution prohibits outdoor drop off or sorting. The business plan calls for signage to be installed by all exterior doors informing the public about the requirement to make an appointment before dropping off donations and instructions on how to make the appointment. A condition of approval in the Resolution further requires that the "donation by appointment only'' policy and the availability of pick-up services also be clearly displayed on the thrift shop website to minimize donations being brought to the site inadvertently without an appointment. To address after-hours drop-off of merchandise, signs will be posted on site stating that no dumping is allowed and that the site has surveillance cameras present. To bring the site into compliance with the City's current standards for trash enclosures, conditions of approval requires that gates be added to the existing enclosure and that all trash bins be placed within the trash enclosure. The applicant proposes to reduce the size of the existing trash bins in order to fit them all within the enclosure. The applicant has indicated that the dumpsters will be emptied five days/week. The proposed thrift shop is located adjacent to two apartment complexes to the south and east. To enhance the existing buffer between the commercial and residential development, the proposed development would add trees to an existing planter along the east property line that is currently empty. Trees are already located in the planter along the south property line. Staff believes that the business plan combined with the conditions of approval contained in the Resolution will address compatibility concerns with the neighboring residences and surrounding businesses. Environmental Review: The proposed project is Categorically Exempt as a Class 1 Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines, in that the 2 of 11
June 15, 2021, Item #28proposed project consists of a new commercial use that will replace a previous commercial use and the project will involve negligible or no expansion of use. Fiscal Impact: None. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, June 3, 2021. A public notice was mailed to property owners and occupants located within 500 feet of the project site. Attachments: A. Resolution B. Zoning and Location Map C. Proposed Site Plan D. Proposed Close-Up Site Plan and Floor Plan Reviewed/ Approved By: Assistant City Manager 3 of 11 Reviewed By: Alan Fenstermacher City Attorney Approved By: c(l/k; City Manager
June 15, 2021, Item #28RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 21-003. ASSESSOR'S PARCEL NUMBER 317-540-63 WHEREAS, Conditional Use Permit (CUP) 21-003 was submitted by Cynthia Elizondo, President of the Poway Valley Senior Citizens Corporation, Applicant, and Frazee Poway Properties, LTD, Owner, for the establishment of a thrift shop within an existing commercial building located at 12511 Poway Road, in the Mixed Use (MU) land use district of the Poway Road Specific Plan (PRSP) area. WHEREAS, on June 15, 2021, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application; 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, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The proposed project is Categorically Exempt as a Class 1 Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines, in that the proposed project consists of a new commercial use that will replace a previous commercial use and the project will involve negligible or no expansion of use. SECTION 2: The findings, pursuant to Section 17.48.070 of the Poway Municipal Code (PMC), to approve CUP 21-003 to allow the establishment of a thrift shop, are made as follows: A. The location, size, design and operating characteristics of the proposed use are in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use Permits Regulations), the General Plan, and the development policies and standards of the City in that the that a thrift shop is allowed on a property that is designated MU land use district of the PRSP area with the approval of a CUP, and will otherwise comply with all of the relevant codes and standards of the City of Poway. 8. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, people, buildings, structures, or natural resources in that the use will be conducted within an existing commercial building which has existing screening walls located along the east property line shared with a neighboring apartment complex, trees will be added to the planter area adjacent to the wall, the use will be conducted entirely indoors and all waste generated by the use will be disposed of in dumpsters that are located within a trash enclosure. C. The proposed thrift shop will be operating within an existing commercial building located within a commercial center. Therefore, the harmony in scale, bulk, coverage, and density of the project is consistent with adjacent uses. D. There are adequate public facilities, services and utilities available at the subject site to 4 of 11 ATTACHMENT A
June 15, 2021, Item #28serve the proposed thrift shop. Resolution No. 21-Page 2 E. The proposed thrift shop is located within an existing commercial building, no outdoor storage of merchandise will be permitted, all waste generated by the use will be disposed of in dumpsters that are located within a trash enclosure, and new trees will be planted along the east property line shared with an apartment complex. Therefore, there will not be a harmful effect upon desirable neighborhood characteristics. F. The establishment of a thrift shop will not adversely impact the capacity and physical character of the surrounding streets and/or the Circulation Element of the General Plan in that the floor area occupied by the thrift shop was recently occupied by another retail use and merchandise brought to the site will be by appointment only which will eliminate queuing issues of cars in drive aisles. G. The site is suitable for the type and intensity of use or development that is proposed in that the thrift shop will be operating within an existing commercial building on a completely developed site, and deliveries of merchandise will occur by appointment only and towards the rear of the building. H. There will not be significant harmful effects upon environmental quality and natural resources in that the project is limited to establishing a thrift shop within an existing commercial building and new trees will be planted within an existing empty planter area along the east property line. Therefore, there will be no significant harmful effects upon environmental quality and natural resources. I. There are no relevant negative impacts of the proposed use that cannot be mitigated. J. A thrift shop is allowed in the MU land use district of the PRSP area with the approval of a CUP. Therefore, the impacts, as described in subsections A through I of this Section, and the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan. K. That the proposed conditional use will comply with each of the applicable provisions of this title. SECTION 3: The City Council hereby approves CUP 21-003, as shown on the site and operations plan incorporated herein by reference and stamped as "Exhibit A" and dated June 15, 2021 on file in the Development Services Department, except as noted herein, subject to the following conditions: A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement 5 of 11
June 15, 2021, Item #28Resolution No. 21-Page 3 between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. B. Approval of this CUP request shall apply only to the subject project and shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Building Permit issuance. C. Within 30 days of the date of this approval, and before the issuance of any permit: (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant Regarding Real Property. In order for the City to prepare the Covenant, the applicant must first submit a legal description of the subject site. D. The use conditionally granted by this approval shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding uses. E. The conditions of CUP 21-003 shall remain in effect for the life of the subject use and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. F. CUP 21-003 may be subject to annual review, as determined by the Director of Development Services, for compliance with the conditions of approval and to address unresolved operational concerns that may have been raised during the prior year. G. Prior to opening of business, the applicant shall apply to obtain a Business Certificate through the Customer Services Department of the City of Poway. Prior to a business Certificate, the applicant shall comply with the following: 6 of 11 1. The site shall be developed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. A final inspection from the appropriate City departments will be required. 2. Any signs proposed for the thrift shop shall be designed in accordance with the Sign Ordinance. The necessary Sign Permit(s) and Building Permit(s) approvals for signage shall be obtained prior to installation. 3. A solid gate shall be installed on the trash enclosure and the trash and recycling bins shall be installed within the trash enclosure. Lids shall be provided on the bins or a roof shall be installed over the trash enclosure. A roof over the trash enclosure will be subject to a building permit. 4. Submit a landscape and irrigation plan to the Planning Division for review and approval for the currently unplanted landscaping area adjacent to the screening wall along the southeast corner of the property. The landscape plan shall at minimum include trees 20-30 feet on center depending upon the tree species selected to the satisfaction of the Director of Development Services. The landscaping and irrigation shall be installed per the approved landscape plan prior to opening of business.
June 15, 2021, Item #28Resolution No. 21-Page 4 H. The following conditions shall be complied with to the satisfaction of the Fire Chief: 1. Display approved addresses in a location plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background and a size approved by the City. 2. Approved with the understanding that obstruction of Fire Department required Fire Lanes is a violation of the PMC and is prohibited. Permanent access roadways for fire apparatus shall be designated as 'Fire Lanes' with appropriate signs and curb markings. 3. A business access key shall be provided to the fire department to be secured in the 'Knox' Security Key Box attached to the main building. If a "Knox" Security Key Box is not currently present one shall be required for the building at a location determined by the City Fire Marshal. 4. Minimum 3A:40BC fire extinguisher required for every 3,000 square feet and 75' travel distance. 5. Rack storage in excess of eight feet in height requires a building department permit for installation. 6. Approved with the understanding that the Fire Department shall perform a New Business Fire & Life Safety Inspection at which time compliance with fire & life safety codes shall be determined. This may require issuance of annual operating permits per the PMC. I. Upon establishment of the thrift shop, the following requirements shall apply: 7 of 11 1. Donations to the thrift shop shall be made by appointment only and donations shall be brought into the facility for sorting. The "donation by appointment only" policy and the availability of pick-up services shall be clearly displayed on the thrift shop website and also displayed on a sign by each exterior door of the business. 2. No outdoor storage or display of merchandise will be permitted. 3. The parking areas and driveways shall be well maintained and free from debris. 4. The trash and recycling bins shall be located within the walled trash enclosure. Each bin shall remain covered by a lid except when trash is being added or emptied or a roof shall be installed over the trash enclosure. 5. The frequency of trash collection and size of trash bins shall be adjusted as needed to ensure that trash in the trash bins is not visible above the trash enclosure walls. 6. All landscaped areas on-site and within the right-of-way fronting the property shall be maintained in a healthy and thriving condition, free from weeds, trash and debris. Trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain the health of the trees and to protect the public safety. Unnatural or excessive pruning, including topping, is not permitted.
June 15, 2021, Item #28Resolution No. 21-Page 5 7. The facility shall be operated in such a manner as to minimize any possible disruption by noise, and shall comply with the noise standards contained in Chapter 8.08 PMC. At no time shall equipment noise from any source, exceed the noise standards contained in the PMC. 8. The owner or operator of the facility shall routinely and regularly inspect the site to ensure compliance with the standards set forth in this permit. SECTION 4: The approval of CUP 21-003 shall expire on June 15, 2023, at 5:00 p.m. unless, prior to that time, the thrift shop has commenced operation in reliance on the CUP 21-003. SECTION 5: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 15th day of June, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Vaida Pavolas, CMC, City Clerk 8 of 11
June 15, 2021, Item #28C0 RR-A r-~,t-~~---------r~~..J..U S_ubject Location-: APN 317-540-6 12511 Poway Ro/ Poway Road -omm cial General CB ,______. 0 70 140 --280 Feet ---9 of 11 ec;;~ Mix d Use CITY OF POWAY Zoning / Location Map Item: CUP 21-003 ATTACHMENT 8
June 15, 2021, Item #28.,. 0 l-16225'-}4952'7 49.52' _tOPERTY LINE J,'_1° 22' 06" E 162_25, --..;\ L. -c::::::::r PARCEL2 10 of 11 f-1 EXISTI G SINGLE STORY COMMERCIAL BUILDING NOT IN SCOPE Overall Site Plan ATTACHMENT C \
June 15, 2021, Item #28Note: All drawings is this document are NOT drawn to a standard scale, such as 1/4" = 1', therefore measurements cannot be taken from the drawing using; scale. The drawings in this document were rendered using Sketch up 2017, a 3D design and modeling application. All elements in the drawings are drawn to~ and the dimensions shown are referenced directly from the geometry in the model. Relative placements of all elements of the model are to scale. Drawing not to standard scale Illustrative Site Plan and Floor Plan 11 of 11 ATTACHMENT D