Res P-05-47
RESOLUTION NO. P-05-47
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING TENTATIVE TRACT MAP (TTM) 05-01
ASSESSOR'S PARCEL NUMBER 323-090-84
WHEREAS, a request for a Tentative Tract Map (TTM 05-01) for a one lot, "air
space" subdivision (I.e., condominium conversion) of an approximate 31,OOO-square-
foot office building, was submitted by Excel Engineering, Applicant; and
WHEREAS, the subject property is located at 13995 Danielson Street, within the
Industrial Park (IP) zone of the South Poway Specific Plan area; 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;
and
WHEREAS, on June 21, 2005, the City Council held a public hearing on the
above-referenced item.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The project is found to be Categorically Exempt from the California Quality
Act (CEQA), as a Class 1 Exemption, pursuant to Section 15301 (k) of the CEQA
Guidelines, in that the project involves a condominium conversion of an office building.
Section 2: The findings, in accordance with the State Subdivision Map Act
(Government Code Section 66410 et. seq.) for Tentative Tract Map 05-01, are made as
follows:
A. The Tentative Tract Map is consistent with the General Plan, in that it proposes
to create an office condominium which is consistent with the General Plan, the
South Poway Specific Plan, and the Poway Municipal Code.
B. The design and improvements of the Tentative Tract Map are consistent with all
applicable general and specific plans, in that the condominium conversion of the
office building adheres to the development standards of the General Plan, the
South Poway Specific Plan and Poway Municipal Code, and the road and off-site
infrastructure improvements have already been completed.
C. The site is physically suitable for the type of development and the density
proposed, in that the site has been graded, and road and off-site infrastructure
improvements have already been completed as part of an earlier subdivision.
Resolution No. P-05-47
Page 2
D. The design of the Tentative Tract Map is not likely to cause substantial
environmental damage, or avoidable injury to humans and wildlife or their habitat,
in that the site has been graded, and road and off-site infrastructure
improvements have already been completed as part of an earlier subdivision.
E. The approval is not likely to cause serious public health problems, in that City
water and sewer service are available to the site.
F. The design of the Tentative Tract Map will not conflict with any easement by the
public at large, now of record, for access through or use of the property within the
subdivision.
Section 3: The findings in accordance with Government Code Section 66020 for the
public improvements are made as follows:
1. The improvements for the development are in place and are consistent
with all elements of the Poway General Plan, as well as City Ordinances
and the South Poway Specific Plan.
Section 4: The City Council hereby approves Tentative Tract Map 05-01, as shown on
the Tentative Tract Map dated August 19, 2004, subject to the following conditions:
A. Approval of this request shall not waive compliance with any sections of the
South Poway Specific Plan, Zoning Ordinance and all other applicable City
Ordinances in effect at the time of Building Permit issuance.
B. Within 30 days of this approval, the applicant shall submit in writing that all
conditions of approval have been read and understood.
C. The project shall comply with Conditions of Approval established with the
approval of Development Review (DR) 01-11 and accordingly a note shall be put
on the Final Map.
D. Prior to Final Map approval, unless other timing is indicated, the
applicant/developer shall complete the following:
(Engineering)
1. Submittal of the Final Map to the City for review and payment of map
checking fee ($1,000.00 per sheet).
2. The Final Map shall conform to City standards and procedures, City
Subdivision Ordinance, Subdivision Map Act, Land Surveyors Act, the
Resolution of Approval as approved by the City Council, and shall be in
substantial conformance with the approved tentative map.
Resolution No. P-05-47
Page 3
3. The applicant/developer shall cause the dedication of the following to the
City. Easement dedication shall be made on the Final Map.
a. A 6.00-foot-wide public walkway easement along the property's
frontage on Danielson Street.
b. An additional 5.00-foot-wide general utility easement, contiguous
with and southeasterly of the existing 10.00-foot-wide general utility
easement, per Map No. 12556.
4. Post a deposit of $100.00 per sheet of the Final Map for reproduction of a
photomylar copy of the recorded Final Map, or make an agreement or
commitment with the City for the applicant/developer's title company to
provide the City of said photomylar copy of the recorded map within 30
days from its recordation in the office of the Recorder of San Diego
County.
(Planning)
5. Provide a copy of all the California Department of Real Estate (DRE)
required documents for the establishment of the condominium, to include
a detailed air space division plan, for inclusion into the City file.
(Public Works)
6. Contact the City Public Works Department regarding, and receive
approval of, re-annexation or amendment of the existing annexation
documents, as may be deemed necessary by the Public Works Director.
(Safety Services)
7. Provide a reciprocal maintenance agreement to maintain the fire
protection systems, including, but not limited to, the post indicator valve,
swing check valve, Fire Department connection, and water lines leading to
each fire sprinkler riser.
Section 5: The approval of Tentative Tract Map 05-01 expires on June 21, 2007, at
5:00 p.m. The Final Map conforming to this conditionally approved Tentative Tract Map
shall be filed with the City so that the City may approve the Final Map before this
approval expires, unless at least 90 days prior to the expiration of the Tentative Parcel
Map a request for a time extension is submitted to the Development Services
Department and a time extension is subsequently granted by the City Council.
Resolution No. P-05-47
Page 4
Section 6: Pursuant to Government Code Section 66020, the 90-day approval period
in which the applicant may protest the imposition of dedications of easements imposed
pursuant to this approval shall begin on June 21, 2005.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 21 st day of June 2005.
ATTEST:
~~p
herrie D. Worrell, Deputy City Clerk
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, Sherrie D. Worrell, Deputy City Clerk of the City of Poway, do hereby certify
that the foregoing Resolution No. P-05-47, was duly adopted by the City Council at a
meeting of said City Council held on the 31st day of May 2005, and that it was so
adopted by the following vote:
AYES: BOYACK, EMERY, REXFORD, HIGGINSON, CAFANGA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
~Ol~OQ
Sherrie D. Worrell, Deputy City Clerk
City of Poway