Res 02-055RESOLUTION NO. 02-055
A RESOLUTION OF THE CITY OF POWAY, CALIFORNIA
CREATING SPECIFIC PLAN 02-01 (SP 02-01) FOR POWAY PLAZA
SHOPPING CENTER
ASSESSOR'S PARCEL NUMBERS 317-490-71, 75, 77, 78, 79, 80, 81,82 AND 83
WHEREAS, Section 65450 et seq., of the California Government Code (Article 8,
Specific Plans) provides for the preparation and adoption of Specific Plans; and
WHEREAS, the subject property consisting of nine separate parcels under four
separate ownerships is located at the northwest corner of Poway Road and Silver Lake
Drive in the Community Business zone of the Poway Road Specific Plan; and
WHEREAS, Poway Road is envisioned as a dynamic, attractive, economically vital
corridor with the City, and
WHEREAS, the City has committed, through a public process, to revitalize Poway
Road, to preserve established retail, and has committed funds to achieve this goal, and
WHEREAS, the Poway Plaza Shopping Center has lost a major anchor tenant; and
WHEREAS, it is the intent of the City to provide the center with a strong retail sales
tenant in the major anchor building to improve the economic viability of the center, and in
turn, Poway Road; and
WHEREAS, on March 26, 2002, the City Council initiated SP 02-01 to establish an
allowable user within the Poway Plaza Shopping Center to protect the commercial viability
of the center; and
WHEREAS, on April 30, 2002, the City Council held a properly noticed public
hearing in accordance with the California Government Code and the California
Environmental Quality Act (CEQA) to solicit comments from the public, both pro and con,
relative to this application; and
WHEREAS, the public hearing was continued to June 4, 2002 to allow the public
additional time to review the proposed Specific Plan; and
WHEREAS, on June 4, 2002, the City Council held a duly advertised continued
public hearing; and
WHEREAS, the City Council read and considered the agenda report for the
proposed project and considered other evidence presented at the public hearing.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Resolution No.
Page 2
Section 1: The City Council has considered the Environmental Initial Study (ELS),
and Negative Declaration (ND) Specific Plan 02-01 and public comments received on the
ElS and ND. The subject ElS and ND documentation are fully incorporated herein by this
reference. The City Council finds, on the basis of the whole record before it, that there is
no substantial evidence the project will have a significant impact on the environment and
that the ND reflects the independent judgement and analysis of the City. The City Council
further finds that no fair argument has been made, based on substantial evidence, that the
Specific Plan may have a significant effect on the environment. The City Council hereby
approves the Negative Declaration.
Section 2: The City Council finds that the public notice for this item complies with
legal requirements and the continuance has provided ample actual notice and time to
respond.
Section 3: The City Council finds that the limitation of uses will accomplish the
purpose of the Specific Plan, i.e., to enhance the economic viability of the entire center.
Section 4: Specific Plan (SP 02-01) attached to this Resolution as Exhibit A is
hereby adopted.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 4th day of June 2002.
ATTEST:
Lori~Anne Peoples, (~ity ~rk
layor
Resolution No. 02-055
Page 3
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. 02-055, was duly adopted by the City
Council at a meeting of said City Council held on the 4th day of June 2002, and that it was
so adopted by the following vote:
AYES: GOLDBY, REXFORD, CAFAGNA
NOES: EMERY
ABSTAIN: NONE
ABSENT:
HIGGINSON
nne Peoples, citydl-erk
City of Poway
SPECIFIC PLAN 02-01
Resolution No. 02-055
Page 4
Exhibit A
POWA Y PLAZA SHOPPING CENTER
I. INTRODUCTION
On March 26, 2002, the City Council adopted Resolution No. 02-028 initiating the
preparation of a Specific Plan to limit the uses permitted in the 11.l-acre Poway Plaza
Shopping Center located on the northwest corner of Poway Road and Silver Lake Drive.
The Poway Plaza Shopping Center consists of 24 connected suites, 5 separate building
pads, an approximately 18,150-square-foot secondary anchor building currently occupied
by a Rite Aid store, and a major anchor tenant building approximately 40,567-square-foot
building located on its own 3.5-acre parcel. Currently, two businesses located on two of the
five separate pads on either side of the Poway Plaza Shopping Center include
Wienerschnitzel and Midas. While individually owned, they are directly connected by
proximity and through reciprocal pedestrian and vehicle access. The major anchor tenant
building, formally occupied by a major supermarket, is now vacant.
II. PURPOSE AND INTENT OF THIS SPECIFIC PLAN
To insure the long-term viability of the center and adjoining businesses on Poway Road,
the major and secondary anchor tenant buildings within the Poway Plaza Shopping Center
must be occupied by either large retail commercial uses that will not compete with other
similar uses along Poway Road or through the conditional use permit process have uses
approved that will not be a detriment to the future economic vitality of the center. For this
reason, the City Council directed staff to prepare a Specific Plan to ensure that the types of
commercial land uses that could be accommodated on the property will enhance the overall
economic viability of the center. Such businesses must not only be compatible with
adjoining commercial and residential uses, but also continue to provide the commercial
draw necessary to maintain the economic viability of the entire center and not duplicate
other businesses currently located on Poway Road.
III. LEGAL DESCRIPTION
The subject property involves nine adjoining parcels located northwest of Poway Road and
Silver Lake Drive. The developed parcels include all the suites and stand alone parcels
and businesses located within the Poway Plaza Shopping Center, and the adjacent pads
occupied by Wienerschnitzel and Midas. Together, the parcels occupy approximately 11.1
acres and are identified by Assessor Parcel Numbers 317-490-71,75, 77, 78, 79, 80, 81,
82 and 83. The property falls within Section 14, Township 14S, Range 2W of the USGS
Poway Quadrangle.
IV. AUTHORITY AND SCOPE
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Section 65450, et seq., for the California Government Code enables local governments to
adopt Specific Plans for the systematic implementation of their General Plans. This
Specific Plan has been prepared in conformance with State requirements.
The Government Code requires that Specific Plans be consistent with the City's General
Plan. It is the intent of this Specific Plan to define appropriate land uses and development
standards necessary to ensure that any proposed development of the subject property is
compatible with, and sensitive to surrounding land uses. This Specific Plan has been
prepared to be fully consistent with the General Plan and its constituent elements.
RELATIONSHIP TO THE POWAY GENERAL PLAN, THE POWAY ROAD
SPECIFIC PLAN AND THE POWAY MUNICIPAL CODE
This Specific Plan is a short- and long-range planning tool that will be utilized for the
systematic implementation of the Poway General Plan. Accordingly, this planning
document is consistent with the General Plan. As noted in the State General Plan
Guidelines, this plan is a combination policy statement and regulatory tool. It provides
detailed land use and zoning information for the subject properties. The Guidelines note
that a Specific Plan is not part of the General Plan; however, all zoning, subdivision, and
public works projects must be consistent with an adopted Specific Plan. The standards of
the underlying CB (Community Business) zone, the Poway Road Specific Plan and this
Specific Plan shall be applied to development and use of property within this Specific Plan
Area. In the case of a conflict between the standards, the regulations and uses specified
within this Specific Plan shall prevail.
VI. PROPERTY ANALYSIS
The subject area is zoned Community Business (CB) and contains 9 developed adjoining
parcels that total 11.1 acres. Located on the east and west ends of the property, adjacent
to Poway Road, are two parcels not owned by the same company as the remainder of the
center. At the time of this writing, Wienerschnitzel and Midas occupy these parcels. Within
the center are three parcels that are developed as stand-alone businesses. At the time of
this writing, these include Kentucky Fried Chicken, a Chinese buffet, a video bookstore,
and a pizza delivery business. Other business currently located in the center include:
Subway Sandwiches, Bike Empire, VVherehouse Music, Lucky Restaurant, Water for Life,
Check & Go, Hallmark, Smoke Shop, Rite Aid, a dental office, a dry cleaners, a pool
service, a barber, a copy shop, and a nail salon. There are two main access ways into the
center from Poway Road and three from Silver Lake Drive. A common parking lot
interconnects all the various connected and detached businesses within the Poway Plaza
Shopping Center.
The subject parcels and adjoining roadways have been completely improved and contain
concrete curb, gutter and sidewalk. Landscaping and street trees have also been
incorporated into the rights-of-way of all three adjacent streets and within the parking lots.
Surrounding properties include the apartments and condominiums, zoned RA and RC to
the north, Poway Road and assorted commercial businesses to the south, zoned CB; Bank
Resolution No. 02-055
Page 6
of America and Perry Ford are located to the east opposite Silver Lake Drive, zoned CB;
and single family homes, apartment and commercial businesses, zoned RS-7, PA, and CB
are located to the west.
The center, originally constructed in 1985 has not had any significant exterior changes
since that time. Most of the center does not have direct visibility from Poway Road. These
factors combined have resulted in an almost 50% vacancy rate amongst the smaller in-line
tenant spaces indicative of a center in decline. In addition to identifying the types of uses
that are appropriate for this center, physical improvements to the appearance of the center
are necessary to assist in its economic viability. This could be accomplished through
private investment or through a public/private partnership.
VII. LAND USES
A. Definitions
The following are definitions of terms contained in this section:
"General merchandise sales" means the retail sales of two or more of the following
types of merchandise, and includes the types of establishments popularly known as
"department stores," "hardware stores," "variety stores," and "discount stores":
apparel and accessories, cosmetics, household items, appliances, furniture and
furnishings, auto parts and accessories, tools, garden supplies, toys, games,
sporting goods, photographic supplies, jewelry, fabrics, notions, dishes and
tableware, and similar consumer goods. Excluded from this definition is "drug
stores."
"Home improvement center" means a retail service engaged in providing retail sale,
of home improvement products, including building materials, paint and wallpaper,
carpeting and floor covering, decorating, heating, air conditioning, electrical,
plumbing, and mechanical equipment, roofing supplies, yard and garden supplies,
home appliances and similar home improvement products.
"Major anchor tenant building" shall mean a building a minimum of 40,000 square
feet of gross floor area.
"Secondary anchor tenant building" shall mean a building a minimum of 18,000
square feet of gross floor area.
"Supermarket" shall mean a self-service retail food market primarily selling foods,
but also selling other convenience and household merchandise as less than 50% of
total sales.
Use Matrix
The uses allowed pursuant to this Specific Plan are intended to ensure an
economically viable shopping center with a mix of uses that will provide a draw of
customers that will support all tenant spaces within the center. To that end, the
center shall provide a mix of tenant spaces that can accommodate the following
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Page 7
uses. The center shall include a minimum of one large anchor tenant, a minimum of
approximately 40,000 square feet in gross floor area, as well as one secondary
anchor tenant, a minimum of approximately 18,000 square feet of gross floor area
unless otherwise authorized through a conditional use permit approved by the City
Council pursuant to Chapter 17.48 of the Poway Municipal Code. The type of uses
available to the major and secondary anchors shall be limited to those provided in
the land use matrix below.
Ao
Permitted Uses- Major Anchor Tenant Buildinq- Each of the anchor tenant
buildings shall be devoted to a single use. The following uses that sell new
merchandise only, shall be permitted within the major anchor tenant building.
1. Book Stores (new sales only)
2. Computer with or without computer software sales
3. Furniture and/or major appliance store
4. General merchandise store including department store or variety store
5. Home improvement store with or without an outdoor sales lot providing
outdoor sales is properly screened.
6. Office supply store
7. Physical fitness center or athletic club
8. Sporting goods store
9. Supermarket
10. Toy store
Permitted Uses - Secondary Anchor Tenant Buildinq - The following uses
that sell new merchandise only, shall be permitted within the secondary
anchor tenant building.
1. All of the uses identified in subdivision 1 above except physical fitness
center or athletic club.
2. Drug store and pharmacy
Conditionally Permitted Uses - Major or Secondary Anchor Tenant Building -
The following shall be permitted subject to the approval of a conditional use
permit pursuant to Chapter 17.48 of the Poway Municipal Code.
The division of the existing major tenant building and minor tenant
building provided the division occurs once and a maximum of two uses
are provided within each building.
Any use otherwise permitted or conditionally permitted that is not listed in
subdivisions A or B above but is otherwise allowed as a permitted or
conditionally permitted use within the Commercial Business (CB) zoning
district as contained in Section 17.10.060 of the Poway Municipal Code,
provided the use is not a "prohibited use" listed in subdivision D below.
In making the findings contained in Chapter 17.48 of the Poway Municipal
Code in granting a Conditional Use Permit, the criteria contained in
Section VIII of this Specific Plan shall apply.
Resolution No. 02-055
Page 8
Prohibited Uses - Maior and Secondary Anchor Tenant Buildin.qs -The
following uses shall be prohibited within the major anchor tenant building and
secondary anchor tenant building.
1. Adult-oriented businesses
2. Antique stores
3. Check cashing pay day loans
4. Fortune telling
5. Institutional uses or places of assembly
6. Mini-warehouse
7. Pawn shops
8. Retail uses or malls involving multiple proprietors with separate,
delineated spaces
9. Retail uses with across the board, maximum prices or "everything
under" pricing
10. Social service facilities
11. Tattoo parlors
12.Thrift and second hand stores
13. Used clothing stores
14. Uses not specifically listed as permitted or conditionally permitted.
15. Other uses that are determined by the Director of Development
Services to have potential conflicts with the purpose and intent of this
Specific Plan.
Pad Buildin.qs and Inline Retail Shops. The pad buildings and inline retail
shops shall comply with the allowed uses within the underlying CB zone.
VIII. APPROVAL CRITERIA
Criteria for Rev ewing Conformance with the Poway Plaza Specific Plan - When
considering if a proposed use is in conformance with this Specific Plan, the following criteria
shall be considered:
A. Consistency with the designated land uses as specified in this Specific Plan.
Conformance with the goals and objectives of the General Plan and the
Poway Road Specific Plan.
The use will complement the other uses within the center and will provide a
positive contribution to the overall economic viability of the center.
Division of Anchor Tenant Space - Prior to approval of any conditional use permit to divide
an anchor tenant into two spaces or to allow any uses allowable pursuant to a conditional
use permit, the property owner shall obtain City approval of and implement an upgrade
program for their ownerships within the shopping center that is consistent with the Poway
Road Specific Plan design criteria.
IX.
DEVELOPMENT STANDARDS
Resolution No. 02-055
Page 9
Co
Property Development Standards - This Specific Plan amends the type of
land uses available to the property, but not the development standards. All
development criteria shall be in conformance with Section 17.10.120-180 of
the Poway Municipal Code. Architectural standards shall comply with goals,
policies, specifications found in the General Plan, Poway Road Specific Plan,
Paguay Redevelopment Plan, Uniform Building Code and State Building
Code.
Parking Standards - Joint-use parking and access agreements with adjacent
properties will provide an opportunity to eliminate unnecessary curb cuts,
utilize existing parking and eliminate unnecessary parking facilities and shall
be required as part of any new development within the area of the Specific
Plan. The parking ratios and design of the parking lot shall comply with
Chapter 17.42 of Title 17 of the Poway Municipal Code. Landscaping and
pedestrian connections may be required pursuant to the Poway Road
Specific Plan.
Si.qnage - Signage shall be consistent with the provisions of Chapter 17.40
of Title 17 of the Poway Municipal Code and any permits issued pursuant
thereto.
Nonconforming Uses, Structures and Performance Standards.
Nonconforminq Structures. A structure that was lawfully erected, but
no longer conforms to the applicable code requirements because of a
change in zone boundaries or a change of regulations for the zone in
which it is located is a legal nonconforming structure may remain
subject to the following restrictions and requirements. A structure
shall not be deemed nonconforming due to failure to conform to
design guidelines contained in the Poway Road Specific Plan.
Restoration of Damaged Structure. Whenever a non-conforming
structure is destroyed by fire, or any other calamity, to the extent of
fifty percent or less, the structure may be restored provided that
restoration is started within one year and diligently pursued to
completion. When the destruction exceeds fifty percent or the
structure is voluntarily razed or is required by law to be razed, the
structure shall not be restored except in full conformity with the
property development standards for the zone in which it is located.
The extent of damage or partial destruction shall be based upon the
ratio of the estimated cost of restoring the structure to its condition
prior to such damage or partial destruction to the estimated cost of
duplicating the entire structure as it existed prior thereto. Estimates
for this purpose shall be made by or shall be reviewed and approved
by the Building Official and shall be based on the minimum cost of
construction in compliance with the building code.
o
Resolution No. 02-055
Page 10
Maintenance and Repair. Routine maintenance and repairs may be
performed on nonconforming structures. Structural elements may be
modified or repaired only if the Building Official determines that such
modification or repair is immediately necessary to protect the health
and safety of the public or occupants of the nonconforming structure,
or adjacent property, and the cost does not exceed fifty percent of the
replacement cost of the legal nonconforming structure based on the
estimated cost of duplicating the entire structure as determined by the
Building Official based on the minimum cost of construction in
compliance with the building code. However, improvements required
to reinforce non-reinforced masonry structures shall be permitted
without replacement cost limitations, provided that such retrofitting is
strictly limited to compliance with earthquake safety standards.
Alterations and Additions. No nonconforming structure shall be
moved, altered, or enlarged so as to increase the discrepancy
between existing conditions and the property development standards
unless required by law or unless the moving, alteration, or
enlargement will reduce or eliminate the nonconformity or except that
changes to interior partitions or other nonstructural improvements may
be made provided that the cost of the improvements shall not exceed
1/2 of the replacement cost of the nonconforming structure over any
consecutive 5-year period.
Nonconforming Uses. This section is intended to limit the number and
extent on nonconforming uses by regulating their enlargement, their
reestablishment, their reestablishment after abandonment and the
alteration or restoration after destruction of the structures they occupy.
In addition, this section is intended to limit the number and extent of
nonconforming structures by prohibiting their being moved, altered, or
enlarged in a manner that would increase the discrepancy between
existing conditions and the standards prescribed in this Specific Plan.
a. Continuation and Maintenance.
A use lawfully occupying the area within this Specific
Plan that does not conform with the use regulations of
this Specific Plan shall be deemed a nonconforming use
and may be continued except as otherwise limited in
this Section.
ii.
Routine maintenance and repairs may be performed on
a nonconforming use or structure.
Alterations and Additions to Non-Conforming Uses - No
nonconforming use shall be enlarged or extended in such a
way as to occupy any part of the structure or site or any other
structure or site that it did not occupy at the time it became a
nonconforming use occupying a structure or site.
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Page 11
Discontinuation of Non-Conforming Uses - Whenever a
nonconforming use has been changed to a conforming use or
has been discontinued for a continuous period of one hundred
eighty days or more, the nonconforming use shall not be
reestablished, and the use of the structure or site thereafter
shall be in conformity with the regulations of this Specific Plan.
Discontinuation shall include termination of a use regardless of
the intent to resume the use.
Restoration of a Damaged Structure
Whenever the use of a structure does not comply with
the regulations of this Specific Plan and the structure is
destroyed by fire or other calamity, or by act of God, to
the extent of fifty percent or less, the structure may be
restored and the nonconforming use may be resumed,
provided that restoration is started within one year and
diligently pursued to completion. When the destruction
exceeds fifty percent or the structure is voluntarily razed
or is required by law to be razed, the structure shall not
be restored except in full conformity with the regulations
of this Specific Plan and the nonconforming use shall
not be resumed.
ii.
The extent of damage or partial destruction shall be
based upon the ratio of the estimated cost of restoring
the structure to its condition prior to such damage or
partial destruction to the estimated cost of duplicating
the entire structure as it existed prior thereto. Estimates
for this purpose shall be made by or shall be reviewed
and approved by the Building Official and shall be
based on the minimum cost of construction in
compliance with the Building Code of the Poway
Municipal Code.
Harmful Uses. In any zone any nonconforming use or structure
determined to be a health, safety, or environmental (including noise
impacts) hazard to the surrounding land uses may be ordered
terminated by the City Council within a period of time less than
otherwise specified in this section, provided that the City Council finds
that said termination can reasonably be accomplished and that a
reasonable amortization period is provided.
Removal of Ille.qal Nonconformin.q Structures and Uses. Nothing
contained in this Chapter shall be construed or implied so as to allow
for the continuation of illegal nonconforming structures and uses. Said
structures and uses shall be removed immediately, subject to the
provisions of Section 17.44 of the Poway Municipal Code and State
law.
o
Resolution No. 02-055
Page 12
Nonconforming Lots. An existing legal lot shall not be deemed
nonconforming if it does not meet the minimum lot width, depth or lot
size for the zone in which it is located.
IMPLEMENTATION PROCEDURES
This section describes the procedure for processing future development plans within this
Specific Plan Area. The normal procedures of the City of Poway with regard to
discretionary and non-discretionary permits including, but not limited to, Development
Review, Rezones, Variances, Conditional Use Permits and Building Permits, as contained
within the Poway Municipal Code, shall apply.
Xl. ENVIRONMENTAL REVIEW
The City of Poway prepared an Environmental Initial Study, and it was determined that this
Specific Plan (SP 02-01) would not create a significant environmental impact and a
Negative Declaration indicating no significant impacts to the environment would occur was
approved.
Xll. AMENDMENT PROCEDURES
Any amendment, whether City-initiated or private to Specific Plan 02-01, shall be in
accordance with Chapter 17.47 (Specific Plan Regulations) of the Poway Municipal Code
and shall be, if approved, adopted by City Council Ordinance.
Figure 1: Vicinity Map
Figure 2: Poway Plaza Site Plan
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