Loading...
Res 90-155RESOLUTION NO. 90-155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA ADOPTING SPECIFIC PLAN 89-04 APN'S 317-480-11 WHEREAS, Chapter 17.47 (Speclflc Plan Regulations) of the Poway Municipal Code (Zoning Development Code) provides for the initiation, preparation, and adoption of specific plans In accordance with Section 65450, et. seq., of the California Government Code (Artlcle 8. Specific Plans); and WHEREAS, on September 26, 1989, the City Council adopted a resolution of intent to consider the initiation of the preparation of a specific plan in accordance with the Specific Plan Regulations of the City of Poway Municipal Code; and WHEREAS, the proposed Specific Plan 89-04 involves a partially developed parcel of land having an area of approximately 16.0 acres which is more specifi- cally identified as Assessor's Parcel Number 317-480-11; and said parcel is pre- sently owned by ADI Properties according to the latest secured assessment roll of property in the County of San Diego, California; and WHEREAS, the City Council does hereby deem necessary and desirable that the proposed Specific Plan 89-04 for the subject property be adopted and implemen- ted; and WHEREAS, Specific Plan 89-04 has been prepared pursuant to the provisions of the Government Code and the Poway Municipal Code {Zoning Development Code); and WHEREAS, Specific Plan 89-04 is a component of the Poway General Plan and has been prepared to be fully consistent with the goals, objectives, and poli- cies of the General Plan and its constituent Elements; and WHEREAS, the subject property contained within the project area boundary of Specific Plan 89-04, as depicted on Attachment i hereto, is also governed by the Paguay Redevelopment Plan and said plan is on file in the office of the City Clerk; and WHEREAS, Specific Plan 89-04 embodies the text, graphics, development stan- dards, and implementation proposals which shall apply to development located within the specific plan project area; and WHEREAS, an Environmental Impact Report to identify potential adverse signi- ficant environmental impacts of Specific Plan 89-04 was certified by Council on June 13, 1989. WHEREAS, on July 24, 1990, the City of Poway City Council held a properly noticed public hearing in accordance with the California Government Code and the California Environmental Quality Act {CEQA) to consider the proposed Specific Plan 89-04. Resolution No. 90-155 Page 2 NOW, THEREFORE BE IT RESOLVED, that the City Council has certified the EIR and does hereby find that the adoption of the Specific Plan 89-04, will have no unidentified adverse significant environmental impacts. BE IT FURTHER RESOLVED that the City Council of the City of Poway does hereby adopt Specific Plan 89-04 attached hereto as Attachment 2 and incor- porated herein by reference as if set forth in full. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 24th day of July, 1990. Don Higginson, ~r ATTEST: Marjor~e K~ Wahl sten, City Clerk STATE OF CALIFORNIA ) ) SS, COUNTY OF SAN DIEGO ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. 90-155 , was duly adopted by the City Council at a meeting of said City Council held on the 24th day of July , 1990, and that it was so adopted by the following vote: AYES: NOES: NONE ABSTAIN: NONE ABSENT: BRANNON, KRUSE R/R-7-24.16-17 EMERY, GOLDSMITH, HIGGINSON Marjori~ ~. Wahlsten, City Clerk Clty of~P~way Resolution No. 90-155 Page 3 CIVIC CENTER D.F J POWAY ROAD O~SPECIFIC PLaN ~R NOT A PART SCALE:I": 400' -------~ FAIRGATE CR~iI~KSIDE PLAZA SPECIFIC PLAN AREA Resolution No. 90-155 Page 4 SPECIFIC PLAN 89-04 CREEKSIDE PLAZA I. INTRODUCTION On June 27, 1989, the Paguay Redevelopment Agency entered into an Owner Participation Agreement wlth ADI Properties for the development of a 16.0 gross acre site bounded by Poway, Midland, and Community Roads, and Poway Creek. The purpose of the agreement was to assist In the development of a conmerctal retall shopplng plaza. To provide opportunity for retall development, the Clty Councll redeslgnated land used formerly as a Mobile Home Park to Community Commercial and pro- vided for the relocation of current residents of the Haley Trailer Ranch to a new mobile home park to be constructed on a contiguous residential lot south of Poway Creek. The general plan amendment and zone change permitted the combination of parcels north of the creek under a single, more appropriate zoning classification. II, LEGAL DESCRIPTION The subject property is situated in the State of California, County of San Diego, being a portion of the Northwest Quarter of the Southeast Quarter of Section 13, Township 14 South, Range 2 West, San Bernardino Meridian. III.AUTHORITY AND SCOPE Section 65450, et. seq., of the California Government Code enables local governments to adopt specific plans for the systematic implementation of the General Plan in the subject area. It is the intent of this specific plan to define appropriate land uses and development standards for the designated town center. Where development standards differ from those listed in the Commercial Community zone of the Poway Municipal Code, the provisions con- tained within the specific plan shall take precedence. IV, PROPERTY ANALYSIS The subject property consists of 16 gross acres and is zoned COmlm.unity Cofmm.ercial. Poway Creek provides the southerly boundary of the property. The property is bounded by Midland Road on the east, Poway Road to the north, and Community Road to the west. Haley's Trailer Ranch is located on the eastern portion of the subject property. The western portion is vacant. The trailer park contains a substantial number of notable mature trees which, together with the trees that line the creek area, comprise a nmjor element of the centralPoway landscape. Surrounding land uses include the following: Town and Country Center to the north, Midland Auto to the east, Poway Plaza to the west, and vacant land to the south. The property to the south is proposed to absorb trailer park residents displaced as a result of the development of the subject parcel. Resolution No. 90-155 Page 5 LAND USES The following land uses shall be pemltted on the subject property where the symbol "P" appears, subject to minor conditional use where the symbol "T" appears, and subject to a condltlonal use pemlt where the symbol "C" appears: Administrative and Professional Services CC Including, but not limited to, administrative P offices; financial Institutions, accounting and audltlng services; clerical and legal servlces; counseling services; public utlllty company offices; medical, dental, and related health services, but excludlng veterinary offlces. General Commerclal Uses 1. Apparel stores P 2. Art, music, and photographic studios and P supply stores 3. Applicance stores and repair (no outdoor P storage and/or display) 4. Athletic and health club T 5. Bakeries - retail only P 6. Barber and beauth shops P 7. Bicycle shops, non-motorized P 8. Blueprint and photocopy services when P operated in conjunction with a professional office of engineering, planning, surveying, architecture drafting. g. Book, gifts, and stationery stores P 10. Candy stores and confectionaries P 11. Catering establishments P 12. Cleaners, including dry cleaning P 13. Coranercial recreation facilities not C otherwise listed General Cc,,,~erctal Uses (cont.) 14. Eating and drinking establishments A. Night clubs, cabarets, restaurants, coffee shops, delicatessens: 1. with alcoholic beverages and/or entertainment 2. with beer and wine and/or entertainment 3. without alcoholic beverage, but including entertainment 4. without alcoholic beverage and without entertainment B. Snack bars, take-out only, refreshment stands contained within a building 15. Florist shops, florist kiosk 16. Furniture stores, without repair and upholstery (no outdoor storage and/or display} 17. Hobby shops 18. Jewelry stores 19. Junior department, department stores, discount department stores, and membership department stores 20. Liquor stores 21. Newspaper and magazine stokes 22. Nurseries and garden supply stores; provided all equipment and supplies shall be kept within an enclosed area 23. Office supplies/stationery stores 24. Pharmacies 25. Photocopying services 26. Retail stores and shops, including but not limited to, variety, shoe, toys CC Resolution No, 90-155 Page 6 27. Stamp and coin shops P Resolution No. 90-155 Page 7 General Comnerctal Uses (cont.) CC 29. Theaters (morton picture and playhouse) with P or without an arcade, see Subsection F of Sectlon 17.10.140 30. Travel agencies P VI, SITE/BUILDING DEVELOPNENT STANDARDS Structures may be located on any lot not designated as a "common lot". A common lot for the purpose of this waiver shall be defined as any lot having an undivided fee ownership comprised of all other lot owners. Said common lot shall be reserved for pedestrian and vehicular access, landscaping, parking, and appurtenant improvements of general benefit to all owners. The requirement for a 20 foot wide vehicular access to a public street is waived provided that all lots not designated as a "common lot" shall have at least 20 foot access to said "common-lot". The maximum amount of total building square footage for the center shall not exceed 176,000 square feet of gross floor area. General Lot and Building Setback Requirements The minimum lot size and building setback requirements are: A. Lot area, square feet or acres B. Lot width, (in feet) C. Lot depth, {in feet} D. Front yard setback, (in feet) E. Side yard setback, {in feet) F. Building setback from street R/W (in feet} G. Rear yard setback, (in feet) H. Lot coverage, maximum I. Building height (Architectural features, including but not limited to clocks and belltowers, shall be limited to 55 feet in height). No minimum 0 0 0 0 0 0 100 percent 35 feet maximum or two stories, whichever is less 28. Swimming pool supplies Resc, lution No. 90-,155 Page 8 J. Off-street parking Per City requirements General Site Requirements The following general site requirements shall be observed: Parking setback from street R/W 20 feet Percent of Net Specific Plan Area Total building coverage (maximum) 3O Performance Standards The requirements for construction of a masonry wall when a comnercial or office use abuts residentially zoned property are hereby modified, since outdoor storage is prohibited and there is separation by Poway Creek or Midland Road; loading and maintenance activities hours will be regulated; rear building elevations will be enhanced; and, adequate screening is afforded by Poway Creek. An eight foot wall would restrict access to the proposed trail in the Poway Creek area. To assure accessibility to this amenity the construction of a solid fence or wall along the southerly speci- fic plan boundary may be reduced to 36 inches in height in order to screen vehicle headlights and to six feet where appropriate to enclose trash collectors or where it can be demonstrated that a relatively small nuisance source can be adequately abated by the construction of a solid wall or fence. All exterior maintenance and delivery activities shall be performed between the hours of 7 a.m. and 10 p.m. Architectural, Buildin9 Style and Materials Structures on the site shall substantially conform to concept, style, and colors established pursuant to Development Review 89-15 using similar and/or compatible materials. Public Improvements Public improvements shall be constructed to facilitate the specific plan as set forth in the resolution of approval for Tentative Parcel Map 89-06. Signage Signage shall be provided in accordance with Comprehensive Sign Regulations, of the Poway Zoning Code, except as follows: Resolution No. 90-155 Page 9 Anchor tenant and center Identification wall signs, which are architec- turally integrated with the design of the center may project to a maximum height of: Plaza Tower 34 feet Building G 22 feet Building J 27 feet Building L 24 feet Building N 38 feet VII.IMPLEMENTATION PROCEDURES Development under this specific plan shall proceed according to normal pro- cedures of the City of Poway with regard to development review. A develop- ment review may be required on any, and all, new structures as outlined in the Poway Municipal Code. This specific plan proposes development standards for the subject property. Where development standards differ from those listed in the Poway Zoning Development Code, the provisions contained within this specific plan shall take precedence. Where the specific plan is silent, the Zoning Ordinance standards shall govern. IX. ENVIRONMENTAL REVIEW The City of Poway conducted an environmental initial study of the potential adverse significant environmental effects which could occur in conjunction with the adoption of Specific Plan 89-04, as well as for TPM 89-06 and DR 89-15. The initial study (attached) concluded that the project {SP 89-04) will not result in any significant adverse effects because SP 89-04 and TPM 8g-O6/DR 89-15 contain specific development standards and mitigation measures, based on the previously certified EIR, which serve to avoid any potential adverse effects on the environment. Specific Plan 89-04 regulates the type and intensity of land use and development intensity permitted for the subject property, and such regulation is deemed to be consistent with the goals, objectives, and policies of the Poway Comprehensive Plan and com- patible with existing and planned land uses surrounding the subject prop- erty. X. ANENDMENT PROCEDURES Any amendment, whether City-initiated or private, to Specific Plan 8g-04 shall be processed in accordance with Specific Plan Regulations of the Poway Municipal Code and shall be, if approved, adopted by City Council resolu- tion.