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Res 97-082RESOLUTION NO. 97-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING SPECIFIC PLAN AMENDMENT 84-0111 AN AMENDMENT TO THE SOUTH POWAY SPECIFIC PLAN REGARDING ADULT-ORIENTED BUSINESSES, BODY PIERCING AND/OR TATTOO PARLORS AND VARIOUS ADMINISTRATIVE CHANGES TO THE SOUTH POWAY COMMERCIAL PERMITTED AND CONDITIONAL USES (SPA 8401-11) WHEREAS, Chapter 17.47 (Specific Plan Regulations) of the Poway Municipal Code provides for the initiation, preparation and adoption of specific plans in accordance with Section 65450, et deq. Of the California Government Code; and WHEREAS, the City Council proposes to amend the Zoning Development Code regulations to eliminate adult-oriented businesses as a conditional use in the Automotive/General Commercial Zone; and WHEREAS, the City Council finds that it necessary to separate adult-oriented businesses and body piercing and/or tattoo parlors from residential uses and from other sensitive uses such as schools, churches, and recreation facilities; and WHEREAS, the City Council held a property noticed hearing on September 23, 1997 to consider public input concerning the proposed amendments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES HEREBY RESOLVE as follows: Section 1: Environmental Findings: The City Council finds that the potential environmental impacts of the amendment are adequately addressed by the Negative Declaration adopted in conjunction with Zoning Ordinance Amendment 97-08. Section 2: City Council Decision: The City Council hereby approves Specific Plan Amendment (SPA) 84-0111 amending Chapter 2, Section II of the South Poway Specific Plan, Development Plan to read as follows: II, USE STANDARDS FOR SOUTH POWAY COMMERCIAL (SPC) LAND USE DESIGNATION Resolution No. 97-082 Page 2 The South Poway Planned Community includes 28 acres of commercial-office use within Subareas 1,2 and 3. These commercial-office areas are designated SPC (South Poway Commercial) and are intended to support the adjacent industrial areas along the South Poway Arterial. The SPC zone is primarily intended for commercial office uses, but various retail support services are also permitted. These relatively small commercial areas will serve the office and retail needs of employees within the South Poway community and travelers on the Scripps Poway Parkway. The plan does not include large commercial centers that would attract significant numbers of trips from the already developed areas of Poway. A. PERMITTED AND CONDITIONAL USES The following uses shall be permitted where the symbol "P" appears, shall be permitted subject to a Conditional Use Permit where the symbol "C" appears, and shall be prohibited where the symbol "X" appears. 1. ~Office and Professional Uses SPC Administrative offices; financial institutions, clerical and legal services; counseling services; public utility company offices. Medical, dental and related health services. P C Veterinary offices or animal hospitals C 2. Retail Uses Apparel stores Appliance stores and repair Art, music and photographic studios and supply stores X P P Bicycle shops, non-motorized Book and gift stores Drug stores, with or without pharmacies Feed and tack stores P X P X Florists Shops X Furniture stores, with or without repair and upholstery P Resolution No. 97-082 Page 3 (No outdoor storage and/or display except as permitted by the Zoning Development Code of the Poway Comprehensive Plan) Hardware stores P Hobby shops P Jewelry stores X Junior department, department stores, discount department stores P and membership department stores Newspaper and magazine stores, including printing and publishing P Nurseries and garden supply stores P Office supplies/stationery stores P Retail stores and shops including but not limited to variety, shoe, toys, etc X Stamp and coin shops X Swimming pool supplies P Television, radio sales and repair P Used Goods Stores Antique shops X Food and Drink Stores Bakeries P Candy stores and confectioneries X Catering establishments P Convenience stores P Liquor stores P Supermarkets X Resolution No. 97-082 Page 4 Eating and Drinking Places Bars (no entertainment) C Restaurants, coffee shops, delicatessens P (with or without alcoholic beverage) Snack bars, take-out only, refreshment P Fast food restaurants with drive-in or drive-through C Sport and Entertainment Uses Arcades and electronic games X Athletic and health club P Commercial recreation facilities not otherwise listed C Recreational uses conducted indoors such as batting cages, archery C ranges, and marksman ranges Theaters (motion picture and playhouse) X Service Uses Barber and Beauty shop P Blue print and photocopy services when operated in conjunction P with a professional office of engineering, planning, surveying, architecture or drafting Cleaners including dry cleaning with or without cleaning machinery on-site P Equipment rental yards including, but not limited to, trucks, trailers X hitches and service thereof. Janitorial services and supplies P Mortuaries X Photocopying services P Printing shops P Recycling drop-off bins located in the parking lot or other suitable area P with property owneYs permission, other than charitable or school ResoLution No. 97-082 Page 5 sponsored permitted by the Zoning Development Code of the Poway Comprehensive Plan Sign painting shops X 8.Vehicle Uses Automobile and/or truck services, including but not limited to body C repair, painting, sales Boat and camper sales and service C Car Washes C Car rental agencies C Gasoline dispensing and\or automotive service stations C Motorcycle sales and services including motorized bicycles C Tire sales and service C Vehicle storage yard X 9. Public, Semipublic and Residential Uses Clubs and lodges including YMCA, YWCA and similar youth group uses P (no alcoholic beverages shall be served or sold except for special events permitted by the Zoning Development Code.) Clubs and lodges serving or selling alcoholic beverages under other conditions shall be prohibited in the SPC Zone. Churches and religious institutions Convalescent homes and hospitals Educational institutions, public or private, such as trade schools and colleges Group care facilities or residential retirement hotels Hotels and motels Post office branch X X P X Resolution No. 97-082 Page 6 Private schools Pre-schools, day care centers C 10. Miscellaneous Uses Adult-Oriented businesses as defined in the Zoning Development Code (No such business shall be established or located within 300 feet of any other Adult-Oriented Business. No such business shall be established or located within 700 feet from any existing residential zone or use, park, church, or school. For purposes of this section the term "park" shall include the land designated for water park and sports complex facilities in the South Poway Specific Plan.) P Body Piercing and/or Tattoo Parlors (No such business shall be established or located within 700 feet from any existing residential zone or use, park, church, or school. For purposes of this section the term "park" shall include the land designated for water park and sports complex facilities in the South Poway Specific Plan.) C B. PARKING STANDARDS [this section remains unchanged] APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 23rd day of September 1997. Don Higginson, M~y(~r(.,)u ATTEST: Marjorie E. Wahlsten, City Clerk Resolution No. 97-082 Page 7 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. 97-082 , was duly adopted by the City Council at a meeting of said City Council held on the 23rd day of September ,1997, and that it was so adopted by the following vote: AYES: CAFAGNA, EMERY, NOES: NONE ABSTAIN: REXFORD ABSENT: NONE GOLDBY, HIGGINSON Marjo~'ie~. Wahlsten, City Clerk City of~P~way E:\CITY~PLANNING\REPOR'~SP8401 II.RS2