Res 20-084RESOLUTION NO. 20-084
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 facade 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 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
meeting.
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:
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
Resolution No. 20-084
Page 2
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 facade 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 facade 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.
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.
Resolution No. 20-084
Page 3
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.
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 Building Permit issuance, unless other timing is indicated, the following conditions
shall be complied with:
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.
Resolution No. 20-084
Page 4
(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 of driveways that directly access
the applicant's parcels from Pomerado Road, Twin Peaks Road, and Ted Williams
Parkway and update any of those 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_impl
ementation/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. orq/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 Project
Stormwater Quality Management Plan (SWQMP) must be submitted. The Standard
SWQMP form can be found on the City of Poway website:
https://poway. orq/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.
Resolution No. 20-084
Page 5
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, as referenced in the master fee schedule.
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.
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.
Resolution No. 20-084
Page 6
(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).
The following requirements shall be completed to the satisfaction of the Fire Chief:
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.
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.
Resolution No. 20-084
Page 7
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.
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: MULLIN, LEONARD, GROSCH, FRANK, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Steve Vaus, Mayor
ATTEST:
tri_ •
Vida P.volas, C -, City Clerk