Res P-18-26RESOLUTION NO. P-18-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP
17-001, ASSESSOR'S PARCEL NUMBER 323-092-31
WHEREAS, Tentative Parcel Map (TPM) 17-001 was submitted by BWE, Inc., requesting
a two -lot subdivision of an approximate 26 -acre parcel in the Poway Business Park for financing
purposes, which is developed with two industrial buildings, parking spaces, and other site
improvements. The two buildings are addressed 14107 and 14115 Stowe Drive and the property
is in the Light Industrial area of the South Poway Specific Plan;
WHEREAS, on October 16, 2018, the City Council duly held a noticed public hearing to
solicit comments on the above -referenced item; and
WHEREAS, the City Council has read and considered the agenda report for the proposed
project and has considered 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: The project is Categorically Exempt from the California Environmental
Quality Act (CEQA), as Class 15 Categorical Exemption, pursuant to Section 15315 of the CEQA
Guidelines, in that the project involves the division of land into two parcels within an urbanized
area in compliance with all City codes and standards and the average slope of the property is less
than 20 percent.
Section 2: The findings, in accordance with the State Subdivision Map Act
(Government Code Section 66410 et. Seq.), TPM 17-001 are made as follows:
A. That the proposed map is consistent with the objectives, policies, general land uses and
programs of the General Plan in that it proposes to create two industrial lots at a density
that is consistent with the General Plan designations and Poway Municipal Code (PMC)
standards.
B. That the design or improvement of the proposed subdivision or lot division is consistent
with the General Plan in that the approved lot sizes and configurations adhere to the
development standards of the General Plan and PMC.
C. That the site is physically suitable for the type of development in that the site is large
enough to provide two lots meeting size standards and the existing industrial use will
remain.
D. That the site is physically suitable for the proposed density of development in that the site
is large enough to provide two lots meeting size standards.
E. That the design of the lot division is not contrary to the policy of the State legislature as
stated in Chapter 1, commencing with Section 21000, of the State Public Resources Code,
or likely to cause substantial environmental damage or substantially and avoidably injure
fish or wildlife or their habitat in that the project will not be impacting any native habitat.
No development is proposed as a part of this project.
Resolution No. P-18-26
Page 2
F. That the design of the lot division is not likely to cause serious public health problems in
that City water and sewer services are available to the site.
G. That the design of the lot division will not conflict with easements, acquired by the public
at large, for access through or use of, property within the proposed subdivision in that with
the prohibition of installing new property line fencing in areas overlapping City water
easement, the lot split can occur without obstructing or otherwise impacting existing or
new easements.
Section 3: The findings in accordance with Government Code Section 66020 for the
public improvements 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
services and facilities will be available to serve the project.
B. In accordance with the Poway General Plan, the project requires 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 4: The City Council hereby approves TPM 17-001 as shown on the approved
plans on file with the City, 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 attorney's fees, against the City or its agents, officers, or employees, relating to
the issuance of this permit, including, but not limited to, any action to attack, set aside,
void, challenge, or annul this development approval and any environmental document or
decision. 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.
B. Approval of this request shall not waive compliance with any section of the Zoning
Ordinance or other applicable City ordinances in effect at the time of Building Permit
issuance.
C. This approval is based on the existing site conditions represented on the TPM. If actual
conditions vary from representations, the TPM must be changed to reflect the actual
conditions. Any substantial changes to the approved TPM, prior to parcel map approval,
must be approved by the Director of Development Services and may require approval of
the City Council.
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D. The developer is required to comply with the Poway Noise Ordinance (Chapter 8.08 PMC)
requirements that govern construction activity and noise levels.
Within 30 days of this approval the applicant shall submit in writing that all conditions of
approval have been read and understood.
F. Prior to parcel map approval, unless other timing is indicated, the following conditions shall
be complied with:
(Engineering)
1. The parcel map, together with the supporting data and documentation, shall be
submitted to Engineering Division for review and approval. A fee of $1,100.00 per
sheet of the parcel map for plan check is required.
2. The parcel map shall conform to City standards and procedures, the City
Subdivision Ordinance, the latest edition of the Subdivision Map Act, and the Land
Surveyors' Act, and all other applicable laws, regulations and ordinances.
3. The applicant shall include provisions in their design contract with their design
consultants that, following acceptance by the City, all construction drawings or
technical reports accepted by the City (exclusive of architectural building plans)
shall become the property of the City. Once accepted, these plans may be freely
used, copied or distributed by the City to the public or other agencies as the City
may deem appropriate. An acknowledgement of this requirement from the design
consultant shall be included on all construction drawings at the time of plan
submittal.
4. A separate water service must be provided to each parcel. A separate fire service
must also be provided to each parcel. A public improvement plan will be required
for any portion of the water and/or fire service and any necessary meter that is
public and not located within the City's right-of-way or a City easement. The
existing meter shall be raised to the grade and removed from the vault.
A public improvement plan shall be submitted per Municipal Code requirements to
the Department of Development Services, Engineering Division. Improvement
design should be 100 percent complete at time of submittal and should include the
following public improvements:
a. New water service and meter.
b. Easements for the proposed public water service shall be recorded prior to
the parcel map.
6. The public improvement plan for water shall be approved. The applicant shall
enter into a Standard Agreement for public improvements for the work to be done
as part of the public improvement plan. The applicant will be responsible for
posting securities for public improvements and monumentation.
7. The applicant shall pay water service connection fees prior to approval of the public
improvement plan for the water service connection. Separate fees are required by
the San Diego County Water Authority for new water service connections.
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Page 4
8. Prior to start of any work within the City right-of-way or City easement, 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.
9. The applicant shall repair, to the satisfaction of the City Engineer, any and all
damages to improvements within City right-of-way or City easements caused by
construction activity from this project.
10. A cash deposit to the City, in an amount equivalent to $100.00 per sheet of the
parcel map, for the mylar reproduction of the recorded tract map shall be posted.
If a mylar copy of the map is provided to the City within three months of its
recordation the security shall then be returned. (See PMC Section 16.12.060.6
for subdivider's responsibility to provide a reproducible mylar copy to the City).
11. A covenant shall be recorded to the satisfaction of the City Engineer that no
property line fencing shall be allowed in areas where the new property line overlaps
the City's waterline easement.
(Planning)
12. A reciprocal access and shared parking agreement is to be recorded on the
properties. The applicant shall prepare this document for review and approval by
the City Development Services Director.
13. A covenant shall be recorded on both parcels to the satisfaction of the Director of
Development Services prohibiting the sale of either parcel until a firewall is
installed at the existing canopy adjacent to the property line between the parcels,
as required by the Building Code.
Section 5: The approval of TPM 17-001 shall expire on October 16, 2020, at 5:00 p.m.
The parcel map conforming to this conditionally approved TPM shall be filed with the City so that
the City may approve the parcel map before this approval expires, unless at least 90 days prior
to the expiration of the TPM, 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. P-18-26
Page 5
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 16th day of October 2018.
teve Vaus, Mayor
ATTEST:
N2n� fel ,CMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify under
penalty of perjury that the foregoing Resolution No. P-18-26 was duly adopted by the City Council
at a meeting of said City Council held on the 16th day of October 2018, and that it was so adopted
by the following vote:
AYES: LEONARD, FRANK, GROSCH, MULLIN, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
a cy eu Id,/CM , City Clerk
City of Poway