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Item 4.1 - PDC 19-002; request for review of proposal to construct a hotel in the South Poway Specific Plan AreaCity of Poway COUNCIL AGENDA REPORT DATE: January 7, 2020 TO: Honorable Mayor and Members of the City Council FROM: Robert Manis, Director of Development Services CONTACT: Scott Nespor, Associate Planner II 858-668-4656, snespor@poway.org SUBJECT: Summary: Pre -Development Conference (PDC) 19-002, A request for review of a proposal to construct a 61 -room, five -story, 55 -foot high, hotel in the South Poway Specific Plan Area Serendipity Hospitality LP (Proponent) is proposing to construct a 61 -room, five -story, 55 -foot high hotel on a vacant site at the northeast corner of Stowe Drive and Scripps Poway Parkway. The property is within the South Poway Specific Plan (SPSP) on land designated South Poway Commercial (SPC). The Proponent is requesting to modify the SPSP to allow the proposed hotel's height as the current SPSP regulations limit the height for hotels to three stories and 35 feet. The review of Pre -Development Conference (PDC) 19-002 is advisory only. The City Council will not render any decision. If the Proponent wishes to proceed with an application, it is with the understanding that the City Council has made no representation upon which the Proponent may rely. Recommended Action: It is recommended that the City Council provide input and direction regarding the request. Discussion: Serendipity Hospitality LP is proposing to construct a 39,290 square -foot, 61 -room hotel on a vacant site at the northeast corner of Stowe Drive and Scripps Poway Parkway within the Poway Business Park (Business Park) on land designated SPC (Attachment A). The proposed hotel would be located on the vacant pad adjacent to the Hampton Inn & Suites. The Proponent is requesting to modify the SPSP to allow the proposed hotel's height to be up to five -stories and 55 feet high when a maximum height of 35 feet is currently permissible. Surrounding land uses consist of the Stowe Plaza commercial center with restaurants and services housed in a complex of one-story buildings to the west. A two-story corporate headquarters and warehouse building for Seirus Innovative Sportswear is to the northwest. General Atomics has facilities to the north and also to the southwest, across Scripps Poway Parkway. These buildings are two-story, light industrial buildings less than 35 feet high. Located immediately to the east is the Hampton Inn & Suites hotel, which is a three-story hotel building that does not exceed 35 feet high. The third story is allowed for hotels located on parcels with a SPC land use designation. The pad of the proposed hotel is approximately six feet above the grade of Stowe Drive. A view study will be required to determine if views from outside the Business Park are impacted. 1 of 26 January 7, 2020, Item #4.1 Background The former Poway Redevelopment Agency (RDA) owned the 4.19 -acre corner parcel at Stowe Drive and Scripps Poway Parkway. The RDA subdivided the parcel into two lots with the intention of a hotel/restaurant development. The larger 2.95 -acre parcel was developed into the current Hampton Inn & Suites hotel and the subject property, a smaller 1.23 -acre parcel, was identified as a potential restaurant pad. With the dissolution of the RDA, this site was eventually sold to the current owner, Serendipity Hospitality LP, through an open bid process. A hotel is allowed in the SPC land use designation with a Conditional Use Permit (CUP) approved by the City Council. A Development Review (DR) would also be required. In order to proceed with these applications, an amendment to the SPSP is required to allow a 55 -foot high, five -story building. The SPSP Amendment would need to consider the visual impacts related to the taller structure. The Environmental Impact Report for the SPSP did not consider buildings of this height. Upon conclusions of a visual analysis, additional CEQA noticing and determinations will be required. The proposed hotel would be the tallest building in the Business Park. Height Limits Citywide, the height limit is two -stories or 35 feet, whichever is less, with exceptions for architectural projections such as church steeples and freestanding clock towers. Currently, the two tallest buildings in Poway are the Pomerado Hospital and the Poway Center for the Performing Arts (PCPA). The City's General Plan and Zoning Code would allow an addition to Pomerado Hospital to match the building's existing height. The PCPA is on school property and supports the educational functions of Poway High School, and therefore it is not subject to the City's height limits. On June 20, 1995, a SPSP amendment was approved to allow buildings up to 45 feet tall, subject to certain conditions. The additional height is only allowed to accommodate industrial and warehousing uses that need the additional height to accommodate enhanced features like automated warehousing, inventory retrieval or bridge cranes. Buildings allowed under this provision would still be limited to two -stories. The amendment also required that buildings over 35 feet high provide screening and architectural enhancements to mitigate the visual impact of the building. The 45 -foot height allowance is not permitted along the perimeter of the Business Park where the height is still limited to 35 feet. The subject project is within the interior of the Business Park surrounded by other uses. On November 13, 2001, the SPSP was further amended to allow hotels to be three -stories, but limited to 35 feet in height. On December 17, 2002, the SPSP was again amended to allow subterranean parking under a building. The parking level would not be considered a story, but the building would still be limited to 35 feet in overall height. Other factors that affect the building height include the definition of building height, requirements for roof -top mechanical equipment screening, the EIR for the SPSP and the street side yard setback as follows: 1) The zoning definition of "building height" measures the building height from an "average grade" that averages the elevations, measured 20 feet, from each of the corners of the building (Attachment B). 2) Mechanical equipment, such as vents or air conditioning condensers, that are installed on 2 of 26 January 7, 2020, Item #4.1 the top of the roof of the building do not count toward building height. Mechanical equipment must be screened. If an enclosure wall is added to the top of a building for screening purposes it also does not count toward building height. 3) The Environmental Impact Report for the SPSP considered visual impacts from adjoining areas. The analysis considered light industrial buildings up to 35 feet, therefore additional analysis is required for taller buildings requiring an amendment to the EIR. 4) The building's height is used to determine the minimum street side yard setback. Taller buildings are setback further from the street. Development Requirements The property owner submitted the attached conceptual development package that includes a site plan, floor plans, elevations, and conceptual elevation perspective drawings (Attachment C). The hotel would feature a stepped -back fifth level to a accommodate a rooftop deck. The fifth level would contain the hotel's lounge and meeting areas. The Proponent has discussed the proposal with some major employers of the Business Park and is basing the design and amenities on these conversations as much as practical. The architectural design incorporates a mixture of exterior finishes, including high quality metal and wood siding, all of which is allowed in the SPC zone. The submitted site plan does not adequately demonstrate that the building would meet the required 50 -foot setback to Scripps Poway Parkway. Additionally, the plan does not show all on- site easements and an existing water main and fire hydrant that may need to be relocated to accommodate the proposed development. The parking evaluation in the application package shows that the required parking will be provided. The Fire Department indicated that their current apparatus would provide sufficient support when responding to an emergency to a structure that is 55 feet high. A water system analysis will be required to ensure that adequate water pressure would be available to the building. The applicant has submitted several letters of support for the proposal (Attachment D) and the attached project description from their architect (Attachment E). If the proponent decides to pursue this project, a SPSP amendment, DR, CUP and likely a Variance for the street -side setback would be required. These actions would be considered by the City Council at a noticed public hearing. If the City Council wishes to allow the additional height, it could be allowed for hotels only or expanded to include other land use categories. Allowing the increased building height could include imposing additional requirements related to screening, landscaping, architectural style or materials, building colors, restrictions on lighting and requirements for step backs (upper stories setback further than lower stories) on portions greater than 35 feet in height. Staff does not recommend consideration of increased building heights for buildings along the perimeter of the Business Park. The review of the Pre -Development Conference (PDC) 19-002 is advisory only. The applicant is seeking feedback on their concept for increasing the height limit for the SPC land use designation only. The City Council will not render any decision If the Proponent wishes to proceed with an application, it is with the understanding that the City Council has made no representation upon which the Proponent may rely. The Agreement of Understanding is included as Attachment F. A neighborhood meeting, or notification of surrounding properties, was not conducted for this item, but would be required if the proponent pursues the project. 3 of 26 January 7, 2020, Item #4.1 Environmental Review: Because no action can be taken, this item is not a "Project" pursuant to the California Environmental Quality Act (CEQA) and is therefore not subject to CEQA review. Fiscal Impact: None. Public Notification: None. Attachments: A. Land Use and Location Map B. Building Height Exhibit C. Conceptual Plan Package D. Letters of Support E. Project Description F. Agreement of Understanding Reviewed/Approved By: Reviewed By: Wendy serman Alan Fenstermacher Assistant City Manager City Attorney Approved By: Chris Hazejt e" City Manager 4 of 26 January 7, 2020, Item #4.1 Subject Property: 323-481-19 0 130 260 OF Pp o..pmn<n is " IN'' THr 520 Feet CITY OF POWAY Zoning / Location Map Project: PDC19-002 5 of 26 ATTACHMENT A January 7, 2020, Item #4.1 Excerpt from Poway Municipal Code 17.04.170 Building height. "Building height" means the vertical distance from the average grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the highest point of the highest gable of a pitch or hip roof, but exclusive of vents, air conditioners, chimneys, or other such incidental appurtenances. W µEQ A I5 LASS 71-4Au , - G is A CE LLArL (Ord. 738 § 2, 2012; Ord. 113 § 1 (Exh. A 1.7(A)(32)), 1983) 6 of 26 ATTACHMENT B January 7, 2020, Item #4.1 D Poway Boutique Hotel rn SERENDIPITY HOSPITALITY z 0 Vti# well `OZOZ 'L £ienuer STUDIO E ARCHITECTS 10 SEPTEMBER 2019 PROJECT INFORMATION co O ASSESSOR'S PARCEL NUMBER: 3481-19.000 SITE AREA: 1.23 Acre Porcel PROJECT DESCRIPTION: The project consists of one building situoted of the corner of Scripps Poway Parkway and Stowe Drive The building has 5 stories containing 61 hotel rooms with an exterior lobby terrace, rooftop lounge and dining oreo. LEGAL DESCRIPTION: Parcel 2* Parcel A per D0006-913338 in Parcel 1 & In AREA SUMMARY Notes. Gross areas ore the overall oreas of the building per level. Leve Leve Leve Leve Leve 2 3 4 5 8,004 GSF 9,123 GSF 9,123 GSF 9,123 GSF 3,917 GSF Toto 39,290 GSF PROJECT TEAM Owner: Serendipity Hospitality, LP Anil Patel & Hina Patel 12815 Briorcrest Place San Diego. CA 92130 Architects: Studio E Architects 2258 First Avenue San Diego, CA 92101 PARKING DATA Per Poway Municipal Code, Chapter 17.20 PC Planned Community Zone, parking required to be 1 space per unit plus 1 space per employee. REQUIRED: 1 spoce/unit plusl space/employee PROVIDED: Dedic.ted on Site Shored 64 Spaces (including 3 employees) 43 23 (adjacent hotel agreement) Totol Provided 66 Spaces Note: Porking on the two odjocent hotel parcels is documented in easements and shored access embedded in title. The entire site hos 204 total spaces of which the odjocent hotel hos exclusive rights to 136 of the 159 spaces on their parcel leaving 23 spaces to flex between parcels. Their required parking including employees is 123. The two parcel total required parking is 189 leaving the collective site porked 15 spaces in excess of city requirements. HOTEL ROOM MIX Single Queen (Accessible) Double Queen Double Queen (Accessible) King Suite King (Accessible) 4 22 4 24 7 Total EY Project Information Poway Boutique Hotel • Poway, California 61 VICINITY MAP STUDIO E ARCHITECTS 11 SEPTEMBER 0011 NOtN11,•.lt _ ; I STOWE DR i VE (1)= 3 Site Plan I; EXISTING HOTEL -41 - Fr .. PROPOSED BOUTIQUE HOTEL IQ" olp*ot e_11 _ Poway Boutique Hotel • Poway, California 1 NtPFPIItSEIlf KAISER 2019 A B C TT O YI a II 1 1 VP# well `OZOZ 'L /ienue Y YY Y Y I I I I .b ROOM 105 ROOM 100 ROOM 12 ROOM IN r 1--.J- Ground _i Ground Floor Pian Poway Boutique Hotel • Poway, California - 10 NOR T N STCUH I DTlO E A R E C T S A•B191 7019 0 07 z Q N O N O rt Leve Y ROOM 219 04fl11213 ROOM 211 000M 005 ROOM 20.9 D Y Y Y YY Y" 1 ROOM214 R QOM 21• ROOM212 ROOM 21Q ROOM X( ROOM 202 ROOM 201 I � b D &5 i 13Y 2&3 Floor Plan Poway Boutique Hotel • Poway, California STUDIO E n R C H I T E C T S 10 0 9 0 11 19 1F•1LMB)N 2019 al (B I (c yrIj Y Yrs' N O Level 4 Floor Plan YYb� 1 &DI ___®, —. 10 Poway Boutique Hotel • Poway, California /\ STUDIO ARCHITECTS NORTH lB SEPTEMBER 2019 w 0 a) 12 11 (IT) Y Y I I I I V &TCHENISERVICF 3 Level 5 Floor Plan Poway Boutique Hotel Poway, California — -10 - -� STUDIO E ARCHITECTS NOR T H 11 SRFTtMRER 2019 • (F) E D �� uu 01 C1 O N O rr 3 North Elevation Poway Boutique Hotel • Poway, California L_ T.O. Plate tiL 55'-0" Level 5 44' - 0" Level 4 _ 33' - 0" Level 3 22'-0" Level 2 11'-0" Level 1 0'-0" Level -2'-0„ STUDIO E A k C H I T t C T S 10 SEPTEMBER 2019 cn A B C 117# well `OZOZ 'L Aenuer D � .17) M f N k F11 !,ISI, LIE'' , it 1 ll I:', SII ai i f ;1 South Elevation 11 If 11 III III,i ;l 11 I II I 11, ,, 1 { , f I. ,.......„.. ,. r j, 11111 ,...__„ - I I { 1 ",...._,..., ... „____:, 4...„,„: , , I 1 I , Poway Boutique Hotel R Poway, California T.O. Plate 55' - 0" T.O. Parapet • 47'-6" Level 5 44'-0" Levet 4 AL 33'-0" Level r`, 22'-0" Laval 2 4 Level O f •. STUDIO E A R C H I 1 E C I S SEPTEMBER 2019 N rt View from Northeast at Building Entry 1 T+' Poway Boutique Hotel Poway, California STUU10 E A R C H 1 T E C 1 5 9 SEPTEMBER .1 0 1 . L to 7 C coQ V N O N O rr 3 View from Southeast Corner j Poway Boutique Hotel • Poway, California STUDIO E A R C H I T E C T S 1• SEPTEMBER 2 0 1 9 03 D .41N 01 Q View from Southwest Poway Boutique Hotel • Poway, California STUDIO E ARCHITECTS E9 SEPiEMOE9 2019 CHAMBER OF COMMERCE September 30, 2019 Mr. Craig Ruiz Economic Development Coordinator City of Poway 13325 Civic Center Drive Poway, CA 92064 Dear Craig: Received OCT 03 2019 City of Poway Cry -Manager's -Office On behalf of the Poway Chamber of Commerce Board of Directors, I would like to express our enthusiastic support for the hotel development in the Poway Business Park proposed by Anil Patel of Serendipity Hospitality. Anil presented his plans to the Board at our September meeting and answered many questions from our Board members regarding plan specifics, potential conflicts or issues, and market opportunities. We are more than satisfied that Anil has done his research on the demand for a hotel at this location and has put a great deal of consideration into the design. We are confident that with Anil's extensive hospitality experience, Serendipity Hospitality will build a high-quality property designed to fit well with the landscape and character of the City of Poway and will meet a critical demand for hotel accommodations in the community. Sincerely, Anita Edmondson Chair, Board of Directors 19 of 26 1, Poway CA 92064 ATTACHMENT D 858.748.1710 1 www.Poway.com January 7, 2020, Item #4.1 RYAN Chris Wood President of West Region chris.wood a ryancom panies.com p: 858-812-7960 c: 858-245-8300 September 10, 2019 Mr. Craig Ruiz — (CRuiz@'poway.org) Economic Development Administrator City of Poway 13325 Civic Center Drive Poway, CA 92064 Re: Serendipity Hospitality Boutique Hotel - 14068 Stowe Drive, Poway, CA 92064 Dear Craig: As President, West Region of Ryan Companies US, Inc., and the developer and ownership representative of the Vantage Point industrial project at Scripps Poway, General Atomics Way and Kirkham Road, I am pleased to share my support for a proposed hotel project, designed specifically for Poway by developer and hotelier Anil Patel. Below are the details of the project, which he conveyed to me during our meeting. First and foremost, Poway needs an exceptional, higher -end hotel to meet the needs of our business park tenants. Many of their visitors are choosing to stay in hotels outside of Poway. The plans Anil has shared with me for a property at Scripps Poway Parkway and Stowe Drive are exciting and fit the bill for what our community needs. They present a unique aesthetic that I think will complement the business park and be oriented to the many corporate users we service. I am in support of the architectural design and size property Anil has proposed. The contemporary design is fitting for the location, and his request for a ten -foot height variance seems reasonable given the ability to offer 61 hotel rooms and a luxurious rooftop amenity providing a chance for visitors to take in the beauty of Poway's open space views, mountains via a terrific rooftop amenity deck for guests. Finally, I believe the community will benefit greatly from the new TOT tax revenue stream it will create, as well as local spending in Poway by its patrons. I gladly support the future development of this project. Sincerely, RYAN COMPANIES US, INC. d-E,Q Chris Wood President, West Region 20 of 26 January 7, 2020, Item #4.1 Techbilt Companies 3575 Kenyon St. San Diego, CA 92110 Telephone (619) 223-1663 Mr. Craig Ruiz — (cruiz@poway.org) Economic Development Coordinator City of Poway 13325 Civic Center Dr. Poway, CA 92064 RE: Serendipity Hospitality Hotel- 14068 Stowe Dr., Poway, Ca Mailing Address P.O. Box 80036 San Diego, CA 92138 FAX (619) 223-2865 September 24, 2019 Dear Craig: As President of the Techbilt Companies and one of the original developers of the South Poway Business Park, and as one of the major owners of industrial space in the business park, I wanted to support Anil Patel's proposed hotel development. Anil has shared his plans for his hotel development and I think that it will be a needed and welcome use that will bring needed additional hotel space to Poway and which will contribute significantly to the revenue that the City of Poway derives from the business park. My support extends to the architectural design of the proposed development including the request for a height variance to allow a 55 foot high building. The building's aesthetics will complement the surrounding properties and I can see no adverse effects from the height variance. Please contact me if you have any questions. Sincerely, Techbilt Companies fed Tchang, President TT:tt 21 of 26 January 7, 2020, Item #4.1 ii GENERAL ATOMICS September 27, 2019 Craig Ruiz — (CRuiz@powa.org) Economic Development Administrator City of Poway 13325 Civic Center Drive Poway, CA 92064 Re: Serendipity Hospitality Boutique Hotel - 14068 Stowe Drive, Poway, CA 92064 Dear Craig: I met with Anil Patel and as Sr. Manager, Real Estate, Facilities Operations & Services at General Atomics; 1 am pleased to share my support for a hotel project proposed for Poway by developer and hotelier Anil Patel. Below are the details of the project, which he conveyed to me during our meeting: As you know, Poway is in need of an exceptional hotel to meet the needs of our business park tenants, currently leaving the community to stay elsewhere. The plans for a property at Scripps Poway Parkway and Stowe Drive are exciting and fit the bill for what our community needs. I support the architectural design and size of property Anil has proposed. The contemporary design is fitting for the location, and his request for a ten -foot height variance seems reasonable given the ability to offer 61 hotel rooms and a rooftop amenity for guests. Because it meets the needs of corporations in the Poway Business Park and creates new tax revenue and local spending in Poway, I am pleased to support this project. Sincerely, David Sikute Sr. Manager, Real Estate Facilities Operations & Services General Atomics 14040 Danielson St, Poway, CA 92064 cc; Anil Patel, Serendipity Hospitality (avpate101@yahoo.com) 3550 GENEFtAI- ATOMICS COURT, SAN DIEGO, CA 92121-1122 PO BOX 85608, SAN DIEGO, CA 92186-5608 22 of 26 (858) 455-3000 January 7, 2020, Item #4.1 Hilton 1 September 5, 2019 Serendipity Hospitality Attn: Anil Patel 3830 Valley Center Dr. #705 PMB 814 San Diego, CA 92130 RE: Hilton Portfolio of brand in Poway, CA Dear Mr. Patel: Patrick Speer Vice President Development. Southwest Region Hilton 5694 Mission Center Rd. Suite 602 8895 San Diego, CA 92108-4312 Tel: 310.744-9725 Cell: 310-721-5871 patrick.speer@hilton.com Thank you so much for exploring with me the potential of developing a Hilton portfolio brand hotel in Poway, CA. This letter is intended to serve as confirmation of Hilton's preliminary interest. Our knowledge of this market leads us to believe that there is room in the market to explore adding a Hilton Portfolio brand in Poway, CA. We understand our discussions with you are preliminary in nature, but based on the information you have shared we have a strong interest in continuing to explore this opportunity. To gain a better understanding about all the brands of Hilton Worldwide, please visit www.HiitonWorldwide.com/portfolio/. This letter is not legally binding on either party, nor is it exclusive. If within 90 days we do not have an application, this letter will be considered expired if you do not specifically request another 30 day extension. Any expenditure or obligation undertaken by either party to the execution and delivery of a franchise agreement is at the party's sole risk and expense. Should you have any questions or concerns please feel free to contact me at Patrick.speer@hilton.com or at (310)721-5871. I look forward to working with you. Sincerely, Patrick Speer CONRAD —23-o t26 Hilton (1 HI 1 ''' "" 0 mono !Hil�.tai ,�.,„,�.,, • Hilton —P,414141141*— zit HOME Grand Latatinn• January 7, 2020, Item #4.1 STUDIO E ARCHITECTS 2258 First Avenue San Diego, California 92101 T 619.235.9262 F 619.235.0522 September 19, 2019 Scott Nespor, Associate Planner City of Poway 13325 Civic Center Drive Poway, CA 92064 Re: Serendipity Hospitality Boutique Hotel Pre -Development Conference Request Scott: Thank you for your help in describing the process and required exhibits for a pre -development conference with the City Council regarding Serendipity Hospitality's proposed boutique hotel on Scripps Poway Parkway at Stowe Drive. This letter outlines our proposed concept and communicates our reasons for needing early review from the City Council. PROJECT PROPOSAL Anil Patel, a local developer, acquired this parcel from the city in 2018 and desires to build a 61 -room boutique hotel to serve the South Poway business community and the city as a whole. The parcel is directly adjacent to and shares access and parking with the existing Hampton Inn and Suites. Mr. Patel's vision is to create a small destination hotel that appeals to the myriad of business interests in the South Poway area that have limited accommodation opportunities within city limits for their visitors and staff. Many of the tenants in the business park have a national presence and bring staff from around the country on a routine basis. In discussions with these companies, Mr. Patel has found that there is a desire for a facility to appeal to younger staff and for a more urbane experience. Many of these visitors are leaving the city to stay remotely to get this experience which is a lost opportunity for the City of Poway. The hotel will feature small gathering and meeting spaces in addition to the rooms but there will not be a restaurant included. Breakfast service is envisioned for guests of the hotel as a component of their stay. Because the site has a small footprint but more than adequate parking, Mr. Patel is seeking to increase the room yield. ISSUES FOR DISCUSSION WITH THE CITY COUNCIL The project adheres to all of the city's zoning and planning criteria with one exception. Mr. Patel is seeking a height waiver to allow for a fourth floor in an area where three are normally allowed. We believe that this is the perfect place with the city for such a variance for the following reasons: • The site is completely remote from the city center and residential areas. The site can only be viewed from within the South Poway business areas and presents no impacts to the city's character and scale. • The site is surrounded by large parcels and very large development with large breaks between developments and buildings. There are no issues of scale transitions. The adjacent hotel, which is the closest structure to this site, is more than 100' away and the remainder of the site is adjacent to wide streets. • The site sits back from two large parkway streets with very broad setbacks with mature trees. These setbacks and mature trees make a perfect visual transition for a slightly taller structure. • The fourth floor will allow for more visibility to the surrounding community in what is a small footprint structure. Additionally, the fourth floor opens long vistas from the top floor where the primary lounge and gathering space 24 of 26 ATTACHMENT E January 7, 2020, Item #4.1 for the hotel is located. • The circumstances of this request are narrowly drawn and highly specific meaning that a height deviation would not necessarily undermine the prevailing rationale for the height limit in general nor would it open up the possibility for many more such requests in the future. We would like to be scheduled for a pre -development conference at the earliest convenience of the City Council's schedule. We intend to present the contents of the submitted drawing package and supplement with additional information to fully communicate the project vision and its story. With the direction received, we intend to submit for a CUP as soon as possible to start the entitlements process. Please let me know if you have any questions or have any comments on our request or package. Sincerely, Eric Naslund, FAIA, Principal Studio E Architects 25 of 26 January 7, 2020, Item #4.1 AGREEMENT OF UNDERSTANDING City Council for the City of Poway, hereinafter referred to as "City" and Serendipity Hospitality L.P., hereinafter referred to as "Proponent" enter into this Agreement of Understanding based upon the following facts: Proponent owns or has an equitable interest in land described by tax Assessor's Parcel Number(s) 3234811900. Proponent desires to develop this property in accordance with the will of the City and without the expense of a protracted development. City is concerned that Proponent will create development plans unsatisfactory to City and consume time and effort of City employees needlessly on unsatisfactory development plans unless City assists in directing Proponent. Based upon the above- mentioned facts, City will grant Proponent a hearing prior to filing any application for development upon the following understanding: a. City will render no decision with regards to any development proposal or part thereof. b. City will receive no evidence, specific in nature, in support of a particular development pian. c. City will make no representations that will obligate the City to render a decision in favor of or against any development proposal or part thereof Proponent may subsequently submit. d. If any development proposal is subsequently submitted, Proponent will proceed at its sole and exclusive risk with the understanding that City has made no representations upon which Proponent may rely. Dated: December 6, 2019 Proponent: 26 of 26 Signature ATTACHMENT F January 7, 2020, Item #4.1