Item 11 Additional Material posted 10-06-20 (1)M EM ORAN DLJ M City of Poway
ADDITIONAL MATERIALS
(Agenda Related Writings/Documents provided to City Council or Staff after distribution of the
Agenda Packet for the October 6, 2020 Council Meeting)
DATE: October 6, 2020
TO:
FROM:
CONTACT:
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Service�
Scott Nespor, Associate Planner .S /t }.J
858-668-4656 or snespor@poway.org
SUBJECT: 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
At the request of the applicant, two of the Conditions of Approval in the proposed Resolution were
revised to provide additional clarification. The revised Conditions in Section 5, letter G are as follows:
5.The applicant shall conduct a survey of crosswalks of driveways that directly access
the applicant's parcels GA from Pomerado Road, Twin Peaks Road, and Ted Williams
Parkway and update any of those crosswalks that do not meet current ADA standards.
14.The applicant shall pay all applicable development impact fees in effect at time of
permit issuance. as referenced in the master fee schedule.
The attached Resolution includes the Conditions above and replaces the original Resolution that was
submitted with the Agenda Report.
Recommended Action:
It is recommended that the City Council take public input and adopt the revised Resolution.
Attachments:
A.Revised Resolution
Reviewed/ Approved By:
Wendy Kaserman
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
City Manager
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 fac;ade 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
(PMC) Section 17.52.010, Purpose of Development Review, are made as follows:
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Resolution No. 20-
Page 2
A.The project respects and recognizes the interdependence of land values and aestheticsto 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 squareand rectangular siding patterns, and complimentary colors for the major tenants and the
neighboring buildings.
8.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 fa9ade 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 anchortenants 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 orwelfare within the community since the proposed development is an exterior fa9ade
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 colorsthat 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 anarchitecturally-related impact upon adjoining properties, as the project has been designed
to be complimentary with the surrounding area by utilizing exterior building materials andcolors 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. Thestanding metal seam is a rural "farm" architectural style consistent with other roof materialswithin the center. The smooth siding of the secondary major tenant is offset by
architectural projections and overhangs. Adjoining storefronts are enhanced withcomplementary 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 necessaryfacilities will be available to serve this project.
8.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.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
3 of 9 October 6, 2020, Item #11
Resolution No. 20-
Page 3
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, andemployees 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 projectapproval 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 Citymay 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 suchelection, 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 thelitigation 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 orperform 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.
8.This approval is based on the existing site conditions and proposed project detailsrepresented 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 requireapproval 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 measuresestablished 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, andtransferees of the current property owner.
G.Prior to Building Permit issuance, unless other timing is indicated, the following conditionsshall be complied with:
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Resolution No. 20-
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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 BuildingDivision for review.
(Engineering)
3.The building plans shall show all public and private easements. All effort shouldbe 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 dueat 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 thecurrent Americans with Disabilities Act (ADA) standards.
5.The applicant shall conduct a survey of crosswalks of driveways that directlyaccess the applicant's parcels from Pomerado Road, Twin Peaks Road, and Ted
Williams Parkway and update any of those crosswalks that do not meet currentADA 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 permitissuance, 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 athttps://www.waterboards.ca.gov/water_issues/programs/stormwater/docs/trash_i
mplementation/certified_fcsdevicelist_updatedjuly_2020.pdf
7.Any drainage on site that does not reach an on site storm drain inlet, and instead
discharges to a public storm drain inlet within the right-of-way, will also require theinstallation 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 requiredon 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
categorized as a Standard Development Project. Therefore, a Standard ProjectStormwater Quality Management Plan (SWQMP) must be submitted. The
October 6, 2020, Item #11
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Resolution No. 20-Page 5
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 offsite 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 devicesthroughout 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 ofpermit issuance, as referenced in the master fee schedule.
15.The applicant shall pay the storm water pollution inspection fee according to thelatest adopted master fee schedule.
16.The applicant shall attend a pre-construction meeting at the Department ofDevelopment Services. The scheduling request shall be submitted on a City
standard form available from the City's project engineer along with three copies ofthe approved site plan. The applicant's action plan that identifies measures to be
implemented during construction to address erosion, sediment and pollutioncontrol will be discussed. Compliance for sediment control shall be provided asdirected 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 ofDevelopment Services.
19.Signs shall be proposed and approved under separate permits.
20.Business operations for the secondary major tenant (grocery store) shall beproposed and approved under a separate business certificate. Fleet storage,
loading, and deliveries inconsistent with a typical grocery store are prohibited.
21.Prior to building permit issuance for the secondary major tenant building (grocery
store), building permits for the adjacent storefront remodel, including proposed
October 6, 2020, Item #11
Resolution No. 20-Page 6
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 containedherein. 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 andcompleted 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 theEngineering Inspector.
5.The applicant shall repair, to the satisfaction of the City Engineer, any and alldamage to public improvements caused by construction activity from this project.
(Planning)
6.Building improvements for the adjacent storefront remodel, including proposedmodifications to the colors, roof, and columns, shall be finaled. Construction
phasing may be permissible to the satisfaction of the Director of DevelopmentServices.
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:
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1.All work shall conform to the 2019 CBC and CFC.
2.Approved numbers or addresses shall be placed in a location plainly visible andlegible 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 mannersatisfactory to the Fire Chief, and meeting Sheriff Department-ASTREA criteria.
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.
October 6, 2020, Item #11
Resolution No. 20-Page 7
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 entiresystem 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 submittaland 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 toapproved 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.
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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
9 of 9 October 6, 2020, Item #11