Item 11 - DR 20-008, Request to Modify Former Atlas Market Building & Adjacent Storefront Spaces of Twin Peaks Plaza Shopping CenterDATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
October 6, 2020
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Service~
Scott Nespor, Associate Planner ..S:. ,4AJ
858-668-4656 or snespor@poway.org
CITY COUNCIL
Development Review (DR) 20-008, a request to modify the exterior fa~ade of
the former Atlas Market building and adjacent storefront spaces of the Twin
Peaks Plaza shopping center at 14721-14905 Pomerado Road
Regency Centers LP (Applicant) is proposing to modify the exterior fa~ade of the former Atlas Market
building and adjacent storefront spaces of the Twin Peaks Plaza shopping center at 14721-14905
Pomerado Road. The Target fa~ade and the standalone buildings along Pomerado Road and Ted
Williams Parkway are not part of the proposed modifications. The proposed modifications
incorporate materials and colors consistent with the policies of the General Plan.
Recommended Action:
It is recommended that the City Council take public input and adopt the Resolution.
Discussion:
Background
The Applicant is Regency Centers LP and the property owners are Regency Centers LP, Haggen
OPCO South LLC, and Twin Peaks Realty Corporation. The site is bounded by Ted Williams Parkway
to the southeast, Pomerado Road to the west, and Twin Peaks Road to the north. The Twin Peaks
Plaza site is zoned Commercial General (CG). The Arbolitos Mini Park zoned Open Space -Resource
Management (OS-RM), and the Arbolitos Sports Fields, zoned Open Space. Recreation (OS-R), are
located to the south. A Montessori charter school zoned Residential Single Family 4 (RS-4), is located
west of Pomerado Road . Single-family residential neighborhoods with varying densities are located
in the remaining areas surrounding the site. A location/zoning vicinity map is included as
Attachment B. The Twin Peaks Plaza shopping center includes twelve parcels with varying owners
totaling 21 acres. The Target store and parking lot occupies one parcel. The Target fa~ade and the
standalone buildings along Pomerado Road and Ted Williams Parkway are separately owned and
are not part of the proposed fa~ade remodel (Attachment C).
1 of 15 October 6, 2020, Item #11
Twin Peaks Plaza was originally constructed in phases. The first phase included the Target store and
the adjoining shop building which were approved by the City Council in 1986. A remodel of the
Target store was approved in 2003, and a subsequent addition of the Target store was approved in
2011. The second phase of Twin Peaks Plaza included a secondary anchor tenant building (the
former Atlas Market) and additional shop buildings that were approved in 1988. The former Atlas
Market building was previously occupied by several other grocery store chains over the years. A
remodel of the building was approved in 2007. The Atlas Market closed in July 2020.
With the impending closure of the Atlas Market grocery store tenant, Regency Centers entered into
negotiations with a new undisclosed grocery store tenant (new tenant). This new tenant has
corporate architectural guidelines for its stores that are proposed to be incorporated into the
exterior fa<;ade of the tenant space. The proposed architecture of the remodeled fa<;ade does not fit
with the design of the existing shopping center. To comply with City requirements and blend in with
the rest of the shopping center, Regency Centers will be remodeling the adjacent storefront spaces
with new columns, colors, and materials compatible with the exterior fa<;ade of the new tenant
space. The new tenant has not applied for a business certificate and the land use will be analyzed at
the time of business certificate application.
Twin Peaks Plaza consists of different architectural styles and colors. The majority of the center
includes Spanish style roofing materials or similar asphalt shingles and stucco siding. The Outback
restaurant and Corepower Yoga studio include dark standing metal seam roofing materials and
stucco siding. There are varying styles and colors in signage and awnings throughout the center.
Surrounding land uses include a mix of roof and siding materials with many buildings having either
red asphalt shingle or Spanish style roofing materials.
Typically, a shopping center fa<;ade remodel such as this would be approved by the Director of
Development Services, however, since the remodel includes greater than 25 percent of the shopping
center facades and does not substantially conform to the approved Development Review (DR), City
Council approval is required.
Project Summary
The original design proposed by the Applicant featured smooth materials and black and white colors
that would not comply with the City's General Plan policies. The design was revised multiple times
to the current proposal that is included as Attachment D. The fa<;ade of the former Atlas Market will
be modified by removing the two existing Spanish style roof gables to create a modern rectangular
overhang projecting over the entrance that will be colored a medium-dark brown. The panels on
the adjoining main walls will be a light gray. The trim will be a cream color. The underside of the
canopy will be lime green. This fa<;ade will consist of rectangular architectural smooth vinyl panels
with a matte finish.
To match the architectural elements of the new tenant, the adjacent shop buildings will be painted
similar colors to compliment the color scheme of the new tenant and the Target store. The siding
materials will be variations of browns and grays with "Slate Tile" blue accents. Additionally, Regency
Centers will be removing the Roman columns supporting the canopies in front of the adjacent
storefronts and replacing them with square panel pillars. The red tile roofs on the canopies will be
removed and replaced with a gray standing seam metal roof. An elevation and architectural
rendering of a typical shop building storefront is included as Attachment E.
The Target store is not part of the remodel. However, the color palate proposed for the shopping
center remodel will complement the cream-colored stucco on the Target store's exterior. Also, the
2 of 15 October 6, 2020, Item #11
stucco exterior of the Ta rget store is scored with a rectangular pattern that is similar to the
architectural panels proposed by the grocery store tenant.
The six freestanding, mostly single-tenant, buildings that front Pomerado Road and Ted Williams
Parkway will not be part of the remodel as these are under separate ownerships.
The General Plan guidelines encourage natural, rural, and historic earth tone colors and styles
compatible with surrounding residences. Excessive use of smooth siding is discouraged and can be
offset by architectural projections and overhangs. Buildings should be enhanced with
complementary trim in materials, such as rough sawn wood or textured veneers of stone or river
rock. Colors proposed are natural earth tones and the standing metal seam is a rural "farm"
architectural style consistent with other roof materials within the center. The smooth vinyl panels
are offset by overhangs. The columns are enhanced to complement the square and rectangular
shapes of the major tenants and accent walls within the center.
While the new tenant has not been disclosed, staff understands that it will have a delivery
component as part of its business. Regency Centers has assured City staff that the new tenant will
be operating a retail grocery store that will be open to the public. The zoning of the property does
not allow a warehouse use or the storage of a vehicle fleet.
Environmental Review:
In accordance with the requirements of the California Environmental Quality Act (CEQA), the Project
is Categorically Exempt, as a Class 1 Categorical Exemption, pursuant to Section 15301 of the CEQA
Guidelines, which exempts exterior alterations to existing buildings where there is no negligible
change or expansion of use.
Fiscal Impact:
None.
Public Notification:
A courtesy notice was mailed to the property owners adjacent to the project site.
Attachments:
A. Resolution
B. Land Use and Location Map
C. Site Plan
D. Conceptual Elevation of Grocery Building Storefront
E. Conceptual Elevation of a Typical Shop Building Storefront
Reviewed/Approved By:
~
We~ Kaserman
Assistant City Manager
3 of 15
Reviewed By:
Alan Fenstermacher
City Attorney
October 6, 2020, Item #11
RESOLUTION NO. 20-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING DEVELOPMENT
REVIEW 20-008 FOR THE MODIFICATION OF THE
EXTERIOR FACADE OF THE SECONDARY MAJOR
TENANT BUILDING AND ADJACENT STOREFRONT
SPACES AT THE TWIN PEAKS PLAZA SHOPPING CENTER
LOCATED AT 14721-14905 POMERADO ROAD; ASSESSOR
PARCEL NUMBERS 314-710-30, 314-710-32, 314-710-37,
314-710-36, and 314-710-38
WHEREAS, Development Review (DR) 20-008 was submitted by Regency Centers LP,
Applicant and Regency Centers LP, Haggen OPCO South LLC, and Twin Peaks Realty
Corporation, Owner, for proposed modifications to the exterior fa9ade of the secondary major
tenant building (grocery store) and adjacent storefront spaces at the Twin Peaks Plaza
shopping center located at 14721-14905 Pomerado Road within the Commercial General (CG)
zone;
WHEREAS, Twin Peaks Plaza was originally constructed in phases. The City Council
approved DR 86-08 and Tentative Parcel Map (TPM) 86-03 on May 20, 1986 (Resolution P-86-
33) for the first phase of Twin Peaks Plaza, that included the Target store (originally proposed to
be Gemco) and the adjoining shop building;
WHEREAS, the City Council approved Conditional Use Permit (CUP) 88-15 and DR 88-
016 for the operation of a car wash and an oil change facility and the second phase of Twin
Peaks Plaza on September 6, 1988 (Resolution P-88-97), which included the secondary major
tenant building (previously Atlas Market grocery store) with additional shop buildings;
WHEREAS, DR 88-16(R) was an administrative approval on December 28, 2007, for a
minor remodel of the secondary major tenant storefront;
WHEREAS, on October 6, 2020, the City Council held a duly advertised public meeting
to solicit comments from the public, both for and against, relative to this application; and
WHEREAS, the City Council has read and considered the agenda report for the
proposed Project, including the attachments, and has considered all 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: In accordance with the requirements of the California Environmental
Quality Act (CEQA), the Project is Categorically Exempt as a Class 1 Categorical Exemption,
pursuant to Section 15301 of the CEQA Guidelines, which exempts exterior alterations to
existing buildings where there is no negligible change or expansion of use.
SECTION 2: The City Council finds the proposed Project is consistent with the General
Plan policies and the CG zoning district regulations.
SECTION 3: The findings for DR 20-008, in accordance with Poway Municipal Code
4 of 15 ATTACHMENT A October 6, 2020, Item #11
Resolution No. 20-
Page 2
(PMC) Section 17.52.010, Purpose of Development Review, are made as follows:
A. The project respects and recognizes the interdependence of land values and aesthetics
to the benefit of the City in that the proposed shopping center exterior features includes
smooth vinyl panel siding that will be complimentary to existing scored stucco on
neighboring buildings, square pillars that will be compatible to the major tenant's square
and rectangular siding patterns, and complimentary colors for the major tenants and the
neighboring buildings.
B. The proposed development respects the public concerns for the aesthetics of
development and encourages the orderly and harmonious appearance of structures and
property within the City because the fac;ade remodel has been designed with building
colors that are muted earth tone colors compatible to the surrounding area which
includes varying roof and siding materials. The remodel of the storefronts adjacent to
the anchor tenants provides compatible colors for the center, complimentary square
columns with rectangular and square siding patterns of the anchor tenants, and
compatible roofing materials with the Outback restaurant building.
C. The granting of the DR would not be materially detrimental to the public health, safety or
welfare within the community since the proposed development is an exterior fac;ade
remodel of an existing building.
D. The proposed development respects the public concerns for the aesthetics of
development in that it provides complementary and compatible siding materials and
colors that will update the exterior appearance of the shopping center.
E. The project will not have an adverse effect on the aesthetics, health and safety, nor an
architecturally-related impact upon adjoining properties, as the project has been
designed to be complimentary with the surrounding area by utilizing exterior building
materials and colors and architectural design compatible with nearby development.
F. The design and improvements of the proposed development are consistent with the
elements of the Poway General Plan and the zoning regulations. The Project includes
natural, rural, and historic earth tone colors compatible with surrounding residences.
The standing metal seam is a rural "farm" architectural style consistent with other roof
materials within the center. The smooth siding of the secondary major tenant is offset by
architectural projections and overhangs. Adjoining storefronts are enhanced with
complementary colors and columns allowing for cohesion amongst most of the center.
SECTION 4: The findings, in accordance with Government Code Section 66020 for the
public improvements needed as a result of the proposed development to protect the public
health, safety and welfare, are made as follows:
A. The design and improvements of the proposed development are consistent with all
elements of the Poway General Plan, as well as City Ordinances, because all necessary
facilities will be available to serve this project.
B. The construction of public improvements is needed as a result of the proposed
development to protect the public health, safety and welfare as further described in the
conditions of approval.
5 of 15 October 6, 2020, Item #11
Resolution No. 20-
Page 3
C. In accordance with the Poway General Plan, the project may require the payment of
development impact fees, which are assessed on a pro-rata basis to finance public
infrastructure improvements, which promote a safe and healthy environment for the
residents of the City.
SECTION 5: The City Council hereby approves DR 20-008, as shown on the approved
plans incorporated by reference herein as shown on the approved plans stamped as "Exhibit A"
and dated October 6, 2020 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 reasonable attorney's fees, collectively the "Claims" against the City or
its agents, officers, or employees, relating to the issuance of any aspect of the project
approval set for in this resolution, including, but not limited to, any action to attack, set
aside, void, challenge, or annul this development approval (including but not limited to
DR 20-008) and any environmental document or decision made pursuant to CEQA. 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
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. Notwithstanding the foregoing, no indemnity shall be required for claims
resulting from the exclusive gross negligence or willful misconduct of the City.
B. This approval is based on the existing site conditions and proposed project details
represented on the approved plans stamped as "Exhibit A" and dated October 6, 2020
on file in the Development Services Department. Any substantial changes to the
approved plans must be approved by the Director of Development Services and may
require approval of the City Council if the Director of Development Services finds that the
proposed changes do not substantially conform to approved plans.
C. The developer is required to comply with the Poway Noise Ordinance (Chapter 8.08
PMC) requirements that govern construction activity and noise levels.
D. Prior to issuance of any permit, the applicant shall submit in writing that all conditions of
approval have been read and understood.
E. The project shall comply with all conditions of approval and mitigation measures
established under previous project entitlements unless otherwise modified or
superseded by these Conditions of Approval contained herein as determined by the
Director of Development Services.
F. The conditions for the project shall remain in effect for the life of the subject property,
and shall run with the land and be binding upon future owners, successors, heirs, and
transferees of the current property owner.
6 of 15 October 6, 2020, Item #11
Resolution No. 20-
Page 4
G. Prior to Building Permit issuance, unless other timing is indicated, the following
conditions shall be complied with :
7 of 15
1. The plans included with the building plan check shall be consistent with the
approved plans stamped as "Exhibit A" and the conditions contained herein.
(Building)
2. The plans shall comply with the current California Code of Regulations with local
amendments identified in PMC Title 15 at the date of submittal to the Building
Division for review.
(Engineering)
3. The building plans shall show all public and private easements. All effort should
be made to keep private improvements from encroaching in public easements. If
necessary, an Encroachment Agreement may be considered for private
improvements within publicly held easements. The application and fee will be
due at time of building plan submittal and the agreement shall be approved and
executed prior to building permit issuance.
4. The building plans shall show and ensure that all existing and proposed building
doors have an accessible path of travel to the public right-of-way and meet the
current Americans with Disabilities Act (ADA) standards.
5. The applicant shall conduct a survey of crosswalks that access the parcels on
Pomerado Road, Twin Peaks Road, and Ted Williams Parkway and update any
crosswalks that do not meet current ADA standards.
6. The applicant will be required to install trash treatment control devices inside all
existing and proposed private storm drain grated inlet structures onsite for the
entire parcel. Please call out the device on the plans. Prior to building permit
· issuance, a recorded Storm Water Trash Management Facilities Maintenance
Agreement, perpetual maintenance of facilities and an easement granted to the
City will be required. Acceptable devices can be found at
https://www.waterboards.ca.gov/water_issues/programs/stormwater/docs/trash_i
mplementation/certified_fcsdevicelist_updatedjuly_2020.pdf
7. Any drainage onsite that does not reach an onsite storm drain inlet, and instead
discharges to a public storm drain inlet within the right-of-way, will also require
the installation of a trash capture device. City staff will coordinate with the
applicant on the specific type of filter to be installed. Installation will require a
Right-of-Way Permit. Perpetual maintenance or a maintenance agreement will
not be required on any of these devices.
8. The applicant shall fill out and return the "Stormwater Intake Form" at the time of
building plan submittal. This form can be found on the City of Poway website:
https://poway.org/963/Stormwater-Forms.
9. Based on the proposed impervious area shown on the current plan, this project is
October 6, 2020, Item #11
8 of 15
Resolution No. 20-
Page 5
categorized as a Standard Development Project. Therefore, a Standard Project
Stormwater Quality Management Plan (SWQMP) must be submitted. The
Standard SWQMP form can be found on the City of Poway website:
https://poway.org/963/Stormwater-Forms.
10. The applicant shall incorporate Low Impact Development (LID) design features
into the site development. These shall be clearly shown and identified on the site
plan and be appropriately sized for the proposed level of development.
11. All spoil materials from footings and foundations shall be legally disposed of off-
site or if the material is to remain onsite, the material shall be placed per the
requirements of the City grading ordinance.
12. Erosion control shall be installed and maintained by the developer from October
1 to April 30. The developer shall install and maintain all erosion control devices
throughout their intended life.
13. A minimum cash security for erosion control is required.
14. The applicant shall pay all applicable development impact fees in effect at time of
permit issuance.
15. The applicant shall pay the storm water pollution inspection fee according to the
latest adopted master fee schedule.
16. The applicant shall attend a pre-construction meeting at the Department of
Development Services. The scheduling request shall be submitted on a City
standard form available from the City's project engineer along with three copies
of the approved site plan. The applicant's action plan that identifies measures to
be implemented during construction to address erosion, sediment and pollution
control will be discussed. Compliance for sediment control shall be provided as
directed by the project inspector.
'17. Prior to start of any work within a City-held easement or right-of-way, a Right-of-
Way Permit shall be obtained from the Engineering Division of the Development
Services Department. All appropriate fees shall be paid prior to permit issuance.
(Planning)
18. Exterior building colors, materials, and finishes shall substantially reflect the
approved elevations "Exhibit A" on file with the City and the conditions of
approval, and shall be noted on the building plans, to the satisfaction of the
Director of Development Services.
19. Signs shall be proposed and approved under separate permits.
20. Business operations for the secondary major tenant (grocery store) shall be
proposed and approved under a separate business certificate. Fleet storage,
loading, and deliveries inconsistent with a typical grocery store are prohibited.
October 6, 2020, Item #11
Resolution No. 20-
Page 6
21. Prior to building permit issuance for the secondary major tenant building (grocery
store), building permits for the adjacent storefront remodel, including proposed
modifications to the colors, roof, and columns, shall be submitted for building
permit plan check.
H. Prior to issuance of a Certificate of Occupancy for the secondary major tenant building
(grocery store), the applicant is required to comply with the following:
1. The site shall be developed and maintained in accordance with the approved
plans on file in the Development Services Department and the conditions
contained herein. A final inspection from appropriate City departments will be
required.
(Engineering)
2. All existing and proposed utilities or extension of utilities shall be installed
underground. No extension of overhead utilities shall be permitted.
3. The drainage facilities, driveway, and all utility services shall be installed and
completed by the property owner and inspected and approved by the Engineering
Inspector. All new utility services shall be placed underground.
4. An adequate drainage system shall be provided around the existing building pads
capable of handling and disposing all surface water to the satisfaction of the
Engineering Inspector.
5. The applicant shall repair, to the satisfaction of the City Engineer, any and all
damage to public improvements caused by construction activity from this project.
(Planning)
6. Building improvements for the adjacent storefront remodel, including proposed
modifications to the colors, roof, and columns, shall be finaled. Construction
phasing may be permissible to the satisfaction of the Director of Development
Services.
7. Exterior Lighting must comply with PMC Chapter 17 .10.150 (H).
I. The following requirements shall be completed to the satisfaction of the Fire Chief:
9 of 15
1. All work shall conform to the 2019 CBC and CFC.
2. Approved numbers or addresses shall be placed 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. Each building address shall also be displayed on the roof
in a manner satisfactory to the Fire Chief, and meeting Sheriff Department-
ASTREA criteria.
October 6, 2020, Item #11
Resolution No. 20-
Page 7
3. Fire Department access for use of firefighting equipment shall be provided to the
immediate job construction site at the start of construction and maintained at all
times until construction is completed.
4. Permanent access roadways for fire apparatus shall be designated as 'Fire
Lanes' with appropriate signs and curb markings.
5. The existing fire sprinkler system shall remain operational at all times. During
approved periods of time when the system is out of service, a fire department
approved Fire Watch shall be established and maintained.
6. The building's fire sprinkler system shall meet PMC requirements. The entire
system is to be monitored by a central monitoring company and backflow valve
assemblies with tamper switches shall be monitored. Relocation, addition, or
removal of seven or more sprinkler heads shall require a separate plan submittal
and approval by the Fire Department.
The applicant is encouraged to evaluate the underground components of the fire
sprinkler system. The City of Poway requires that anytime an underground water
supply system for an existing fire protection system fails, including maintenance,
testing, and seismic failures, the fire protection system shall be retrofitted with
backflow protection devices.
7. The building's automatic fire alarm system shall meet PMC requirements. A
properly licensed contractor shall install/modify the automatic fire alarm system to
approved standards. System shall be completely monitored by a U.L. listed
central station alarm company or proprietary remote station. A separate plan
submittal and approval by the Fire Department is required.
SECTION 6: The approval of DR 20-008 shall expire October 6, 2022, at 5:00 p.m.,
unless prior to that time a Building Permit has been issued and construction has commenced on
the property, or unless prior to the expiration a request for a time extension is submitted to the
Development Services Department and a time extension is subsequently granted by the City
Council.
SECTION 7: 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.
10 of 15 October 6, 2020, Item #11
Resolution No. 20-
Page 8
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the
City of Poway, California on the 6th day of October, 2020 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Vaida Pavolas, CMC, City Clerk
11 of 15 October 6, 2020, Item #11
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