Res 20-004RESOLUTION NO. 20-004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
19-002 FOR THE CONSTRUCTION OF A 5,000 SQUARE -FOOT
COMMERCIAL BUILDING AND AN 800 SQUARE -FOOT
OUTDOOR DINING AREA AT CREEKSIDE PLAZA LOCATED AT
THE SOUTHEAST CORNER OF POWAY ROAD AND
COMMUNITY ROAD. ASSESSOR PARCEL NUMBERS: 317-820-
09 & 317-820-06
WHEREAS, the City Council considered Development Review (DR) 19-002; a request to
construct a 5,000 square -foot commercial building and an 800 square -foot dining area, improve
an existing plaza to accommodate play surfaces, equipment and lighting and remove 65 parking
spaces, in the Creekside Plaza shopping center (Project) on property located on the southeast
corner of Poway Road and Community Road within the Commercial General (CG) land use district
of the Poway Road Specific Plan (PRSP);
WHEREAS, on August 7, 1990, the City Council approved Tentative Tract Map (TTM) 90-
05, creating the legal lots within the Creekside Plaza shopping center;
WHEREAS, on January 14, 1992, the City Council approved TTM 95-05R, Variance 91-
10, and DR 91-31, revising TTM 90-05, permitting a corner of a building to encroach into a street
setback area and the construction of two over -height retaining walls, and the construction of a
shopping center located on southeast corner of Poway Road and Community Road;
WHEREAS, on January 21, 2020, the City Council held a duly advertised public hearing
to solicit comments from the public, both for and against, relative to DR 19-002; and
WHEREAS, the City Council has read and considered the agenda report for the proposed
Project 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: An Environmental Impact Report (EIR) was prepared pursuant to the
California Environmental Quality Act (CEQA) in conjunction with the PRSP and was certified by
the City Council on December 5, 2017 (PRSP EIR). The PRSP EIR analyzed the potential
impacts of the proposed build -out of the PRSP area in the manner permitted by the Specific Plan.
The City Council finds, in its independent judgement, that this Project is consistent with the PRSP
and conforms with the requirements, development standards and guidelines therein, and,
therefore, as set forth in Section 8.2 of the PRSP, no further environmental analysis is required
because all of the project's impacts have already been analyzed in, and are adequately covered
by the previously certified EIR. The City Council further finds, in its independent judgement, that
the project does not result in any significant changes that would allow subsequent or supplemental
environmental review pursuant to Public Resources Code section 21166 and CEQA Guidelines
sections 15162 and 15163. These findings are based on substantial evidence in the administrative
record of proceedings, which includes but is not limited to the PRSP EIR, appendices, documents
incorporated by reference therein, transcripts of public meetings, and other related documents.
Resolution No. 20-004
Page 2
SECTION 2: The City Council finds the proposed Project is consistent with the PRSP
generally, including the CG land use district.
SECTION 3: The findings for DR 19-002, in accordance with PMC 17.52.010 Purpose
of Development Review, are made as follows:
A. The Project has been designed to be architecturally compatible with surrounding
development and conforms to the PRSP development standards and design guidelines.
B. The Project is consistent with the PRSP and the Poway General Plan in that the proposed
Project has been designed to comply with all City site development standards.
C. The approved Project will not have an adverse aesthetic, health, safety, or architecturally -
related impact upon adjoining properties, in that the design of the building for the intended
purpose conforms to the criteria of the PRSP Development Standards and will be
compatible with current and future buildings in the vicinity.
D. The approved Project encourages the orderly and harmonious appearance of structures
and property within the City in that the Project, as conditioned, is consistent with the
general design standards in the PRSP.
E. The granting of the DR would not be materially detrimental to the public health, safety or
welfare within the community since the Project enhances an existing Plaza to meet
objectives of the PRSP and provides sidewalks and crosswalks, adequate parking, and
there is adequate capacity on Poway Road to accommodate additional traffic generated
by this Project.
SECTION 4: The City Council hereby approves DR 19-002 as shown on the approved
plans incorporated by reference herein as shown on the approved plans stamped as "Exhibit A"
and dated January 21, 2020 on file in the Development Services Department, except as noted
herein and 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
19-002) 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.
Resolution No. 20-004
Page 3
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 January 21, 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 (1) submit in writing that all conditions
of approval have been read and understood; and (2) the property owner shall execute a
Covenant Regarding Real Property notarizing and recording said document. In order for
the City to prepare the Covenant the applicant must first submit a legal description of the
subject site.
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.
G. Prior to issuance of a Building Permit, the applicant shall obtain approval of a Grading
Permit. Compliance with the following conditions is required prior to issuance of the
Grading Permit:
(Engineering)
1. Submit a precise grading plan for the development of the lot prepared on a City of
Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City
Project Engineer. Submittal shall be made to the Department of Development
Services Engineering Division for review and approval. The grading design shall be
100 percent complete at the time of submittal, ready for approval and issuance of
* permit. Incomplete submittals will not be accepted. All technical studies as required
by Chapter 16 of the Poway Municipal Code (PMC) shall be submitted.
2. Applicant shall incorporate Low Impact Development (LID) design features into the
site development. These shall be clearly shown and identified on the grading plan and
be appropriately sized for the proposed level of development.
3. A drainage study addressing the impacts of the 100 -year storm event prepared by a
licensed Civil Engineer is to be submitted and approved. The study shall evaluate
existing and proposed hydrologic and hydraulic conditions to the satisfaction of the
City Project Engineer.
Resolution No. 20-004
Page 4
4. Water Quality Control — Design and Construction
The Project shall comply with the City and Regional Water Quality Control Board
stormwater requirements. The Project is considered a Priority Development Project
and will be subject to all City and State requirements. A Final Storm Water Quality
Management Plan (SWQMP) prepared by a registered Civil Engineer is to be
submitted and approved.
a. Provide two copies of an Operation & Maintenance (O&M) plan in accordance with
Chapter 16.104 of the PMC, and a signed PDF version.
b. The applicant will be required to install trash treatment control devices inside all
existing and proposed private storm drain grated inlet structures onsite.
c. Property owner shall execute an approved Storm Water Management Facilities
Maintenance Agreement accepting responsibility for all structural BMP
maintenance, repair and replacement as outlined in the Operations and
Maintenance plan. The operation and maintenance requirements shall be binding
on the land throughout the life of the Project as outlined in Chapter 16.104 of the
PMC.
5. Grading securities shall be posted with the City prior to grading plan approval per
Section 16.46.080 of the PMC. A minimum cash security of $2,000 is required in all
instances.
6. Erosion control shall be installed and maintained by the developer from October 1 to
April 30 annually. The developer shall maintain all erosion control devices throughout
their intended life.
7. The applicant shall pay the storm water pollution inspection fee according to the latest
adopted master fee schedule.
8. All applicable easement dedications are to be recorded.
9. Any existing and proposed public easements shall be depicted on the grading plans.
The proposed public easement dedications shall be submitted prior to grading permit
issuance.
10. Any private improvements within any publicly held easement or right-of-way may
require an encroachment agreement as determined necessary by the City Engineer.
All necessary encroachment agreements shall be approved and executed prior to
grading permit issuance.
11. All existing and proposed utilities are required to be installed underground.
12. Following approval of the grading plans, posting of securities and fees, and receipt of
five copies of the approved plans, 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. 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.
Resolution No. 20-004
Page 5
13. 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.
14. Construction staking is to be inspected by the Engineering Inspector prior to any
clearing, grubbing or grading. At a minimum, all protected areas as shown on the
approved grading plans are to be staked under the direction of a licensed land
surveyor or licensed civil engineer and delineated with lathe and ribbon. As applicable,
provide two copies of a written certification, signed and sealed in accordance with the
Business and Professions Code, by the engineer of record stating that all protected
areas have been staked in accordance with the approved plans.
(Planning)
15. A Tree Removal Permit shall be obtained prior to the removal of all existing trees. A
separate permit is required for trees within the public right-of-way and trees located on
private property. The removal of both public and private trees shall conform to Chapter
12.32 (Urban Forestry) Articles II and III of the PMC. If the trees are proposed to be
removed during the recognized nesting season for birds (February 15 through August
15), a nesting bird survey shall be conducted by a qualified biologist and report the
findings in writing to the City. Between February 15 and August 15, removal of trees
containing nests shall be delayed until such time as the nest(s) have been abandoned
unless the removal can be completed in accordance with California State codes and
the Federal Migratory Bird Treaty Act of 1918.
16. Landscape and irrigation on-site shall be provided in accordance with the PRSP and
the Poway Landscape and Irrigation Design Manual. Plans shall be submitted and a
minimum of one staff review shall be completed prior to issuance of a grading permit.
The landscape and irrigation plans shall demonstrate compliance with the City of
Poway Landscape and Irrigation Design Manual, Chapter 17.41 PMC, and all other
applicable standards in effect at the time of landscape and irrigation plan check
submittal. The landscape and irrigation plan submittal is a separate submittal from
other Project plan check submittals, and is made directly to the Planning Division.
Contact the Planning Division for copies of applicable City standards, the landscape
and irrigation plan submittal checklist and the plan review fee worksheet. Landscape
and irrigation plan review fees are required and are the responsibility of the applicant.
17. Approved improvements to the plaza located between Buildings 5 and 6 shall be
shown on the final landscape plans.
H Prior to building permit issuance, unless other timing is indicated, the following conditions
shall be complied with:
(Engineering)
1. The site shall be developed in accordance with the approved grading plans on file in
the Development Services Department and the conditions contained herein. Grading
shall be in accordance with the Uniform Building Code, the City Grading Ordinance,
the approved grading plan, the approved soils report, and grading practices
acceptable to the City.
Resolution No. 20-004
Page 6
2. Applicant shall obtain a Grading Permit and complete rough grading of the site. The
grading shall meet the approval of the Engineering Inspector and the Project's
Geotechnical Engineer. Following completion of rough grading, please submit the
following:
a) Three copies of certification of line and grade for the lot, prepared by the Civil
Engineer of work.
b) Three copies of a soil compaction report for the lot, prepared by the Project's
Geotechnical Engineer.
The certification and report are subject to review and approval by the City.
3. 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. 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.
4. The applicant shall pay all applicable development impact fees in effect at time of
permit issuance.
(Planning)
5. Trash receptacles shall be enclosed by a six -foot -high masonry wall, with view -
obstructing gates, and shall provide an area for recyclable materials. Enhanced
exterior treatments to the trash enclosure shall be provided, and shall be architecturally
compatible with the buildings. Locations and exterior treatments shall be subject to
approval by the Director of Development Services.
6. All roof appurtenances, including air conditioners, shall be architecturally integrated,
screened from view, and sound -buffered from adjacent properties and streets as
required by the Planning Division of the Development Services Department.
7. The applicant shall comply with the latest adopted construction related codes, and all
other applicable codes and ordinances in effect at the time of Building Permit issuance.
8. The colors and materials on the building shall be consistent with the approved colors
on file in the Planning Division of the Development Services Department.
9. All two-way traffic aisles shall be a minimum of 25 -feet wide.
10. All parking spaces shall be double striped. The minimum dimensions for standard -
sized parking stalls shall be eight feet six -inches by 18 feet six -inches per the PMC.
The parking lot design shall comply with the Americans with Disabilities Act for
accessible spaces, with one van -accessible space.
11. Parking lot lights, wall -mounted lights and landscape accent lights shall be shielded
per the PRSP and PMC standards. Wall -mounted security lights shall only be used
on the rear or interior sides of buildings.
12. Signs shall be proposed and approved under separate permits.
Resolution No. 20-004
Page 7
13. The landscape and irrigation plans on-site shall be approved in conformance with the
City's Landscape and Irrigation Design Manual.
I Compliance with the following conditions is required prior to occupancy and release of
securities:
(Engineering)
1. All existing and proposed utilities or extension of utilities required to serve the Project
shall be installed underground. No extension of overhead utilities shall be permitted.
2. The stormwater facilities shall be complete and operational prior to occupancy.
3. The drainage facilities, driveway, slope planting measures, 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 new building pad 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.
6. After completion of all work, record drawings, signed by the engineer of work, shall be
submitted to Development Services for review prior to a request of occupancy, per
PMC Section 16.52.130(B) of the Grading Ordinance. Approval of record drawings is
required prior to issuance of occupancy and release of grading securities. Initial
submittal of record drawings at least three weeks prior to a request for occupancy is
recommended.
(Planning)
7. Approval of this request shall not waive compliance with all sections of the Zoning
Ordinance and all other applicable City Ordinances in effect at the time of Building
Permit issuance.
8. Landscaping, irrigation and improvements to the plaza located between Buildings 5
and 6 shall be installed per the approved landscape plans.
9. Prior to any use of the Project site, or business activity being commenced thereof, all
conditions of approval contained herein shall be completed to the satisfaction of the
Director of Development Services.
(Public Works)
10. All tenant suites establishments shall have grease removal equipment installed.
Resolution No. 20-004
Page 8
J. Upon occupancy the following conditions shall apply:
1. All physical elements of the project shown on the approved building and landscape
plans shall be substantially maintained per the approved plans, except as noted
herein, to the satisfaction of the Director of Development Services.
2. All landscaped areas on-site shall be maintained in a healthy and thriving condition,
free from weeds, trash and debris. The trees shall be encouraged and allowed to
retain a natural form. Pruning should be restricted to maintain the health of the trees
and to protect the public safety. Unnatural or excessive pruning, including topping, is
not permitted.
2. Immediate removal of graffiti and any other type of offensive debris is required.
3. Any fences, walls or signs proposed for this development shall be designed and
approved in conformance with the PRSP and to the satisfaction of the Director of
Development Services.
4. Uses established on the subject property shall comply with all PRSP standards
applicable to the property for the life of the Project.
K. The following conditions shall be complied with to the satisfaction of the Fire Chief:
1. 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.
2. Permanent access roadways for fire apparatus shall be designated as "Fire Lanes"
with appropriate signs and curb markings.
3. Fire apparatus access roads shall have an unobstructed, improved width of not less
than 20 feet. In most cases, the City of Poway construction standards for streets
(Chapter 12.20 PMC) will be more restrictive. The more restrictive standard shall
apply. Vertical overhead clearance shall be a minimum of 13 feet 6 inches. Fire
apparatus access roads shall be designed and maintained to support the imposed
loads of fire apparatus not less than 75,000 pounds with an approved paved surface
as to provide all-weather driving capabilities. The turning radius of a fire apparatus
access road shall be a minimum of 28 feet as measured to the inside edge of the
improvement width or as approved by the fire code official.
4. The angle of departure and the angle of approach of a fire access roadway shall not
exceed seven degrees (12 percent) or as approved by the fire code official.
5. The building will be required to be equipped with an automatic fire sprinkler system
meeting the Poway Municipal Code requirements. The system is to be monitored by
a central monitoring company. Backflow valve assemblies with tamper switches shall
be monitored. The Fire Department shall approve location of all fire protection devices
prior to installation via deferred plan submittal. Two separate plan submittals to the
fire department will be required, one for the fire service underground and the second
for the fire sprinkler design. Separate fees for plan check and inspection services will
be charged by the Fire Department upon submittal. A water analysis is required.
Resolution No. 20-004
Page 9
6. Fire sprinkler riser(s) shall be located inside the building with an exterior access man
door. The exterior door shall be labeled with a sign indicating "Fire Sprinkler Riser."
The applicant shall provide 36 -inches of clearance from the standpipe or attached
additional risers, accessible by a 3'-0" exterior man door.
7. A metal sign with raised letters at least 1 inch (25mm) in size shall be mounted on all
fire department connections serving automatic sprinklers, standpipes or fire pump
connections. Such signs shall read: AUTOMATIC SPRINKLERS or STANDPIPES or
TEST CONNECTION or a combination thereof as applicable.
8. The building will be required to be equipped with an automatic fire alarm system
meeting the Poway Municipal Code requirements. A properly licensed contractor shall
install the automatic fire alarm systems to approved standards. The system shall be
completely monitored by a UL listed central station alarm company or proprietary
remote station. Separate fees for plan check and inspection services for each building
will be charged by the Fire Department upon submittal.
9. `Knox' Security Key Box(es) shall be required for the building at location(s) determined
by the Fire Department prior to installation.
10. The building shall display the approved numbers and/or addresses in a location plainly
visible and legible from the street and/or access roadways fronting the property from
either direction of approach. Said numbers shall contrast with their background and a
size approved by the City. The building address shall also be displayed on the roof in
a manner satisfactory to the Director of Safety Services, and meeting Sheriff
Department-ASTREA criteria.
11. Installation of a fire suppression system in a commercial kitchen hood & duct shall be
approved by the Fire Department via separate plan submittal.
SECTION 5: The approval of DR 19-002 shall expire January 21, 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 6: 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.
Resolution No. 20-004
Page 10
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the
City of Poway, California, on the 21st day of January, 2020 by the following vote, to wit:
AYES: MULLIN, LEONARD, VAUS
NOES: GROSCH, FRANK
ABSENT: NONE
DISQUALIFIED: NONE
Steve Vaus, Mayor
ATTEST:
Faviola , CMC, City Clerk