Res P-06-53
RESOLUTION NO. P-06-53
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING TENTATIVE TRACT MAP (TIM) 06-05
ASSESSOR'S PARCEL NUMBERS 317-280-37, 77 and 78
WHEREAS, a request for a Tentative Tract Map (TIM 06-05) for a one lot, "air
space" subdivision (Le., condominium conversion) of four existing, light industrial
warehouse buildings, with a combined area of approximately 148,000 square feet, on
three contiguous properties, with a combined area of approximately 9.8 acres, located
at 13651, 13691, 13741, and 13771 Danielson Street, in the Light Industrial (L1) zone,
was submitted by Parkway Commerce Center LLC, Applicant; 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 November 14, 2006, 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
Environmental 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 existing light industrial buildings.
Section 2: The findings, in accordance with the State Subdivision Map Act
(Government Code Section 66410 et. seq.) for Tentative Tract Map 06-05, are made as
follows:
A. The Tentative Tract Map is consistent with the Poway General Plan, in that it
proposes to create an office condominium that 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 Poway 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.
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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:
A. 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 06-05, as shown on
the Tentative Tract Map dated August 18, 2006, 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. All uses established
on the site shall be a permitted use under the site's land use designation.
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) 97-44 and, accordingly, a note shall be
put on the Final Map.
D. The maximum number of condominium units to be created shall not exceed 36
units. However, a number of units less than 36 is considered consistent with the
Tentative Tract Map 06-05.
E. Prior to Final Map approval, unless other timing is indicated, the applicanU
developer shall complete the following:
(Engineering)
1. The Final Map, together with the supporting data and documentation, shall
be submitted to Engineering Division for review and approval, along with
the appropriate map checking fee. The Final Map shall conform to City
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standards and procedures, the City Subdivision Ordinance, the
Subdivision Map Act, and the Land Surveyors Act.
2. The subdivider shall post a cash deposit with the City, an amount
equivalent to $100.00 per sheet of the tract map, for the photo mylar
reproduction of the recorded Final Map. If the applicant provides the City
with the photo mylar copy within 3 months from recordation, said cash
deposit shall thereafter be refunded to the depositor. Otherwise, it shall
be used by the City to pay for the reproduction of a photo mylar copy.
4. The following easements shall be dedicated to the City:
a. A 15.00-foot-wide public utility or general utility easement along
the project frontages of Danielson Street. If there are public utility
or general utility easements existing, but not 15.00 feet wide, only
additional easements to attain the minimum 15.00 feet in width
shall be dedicated.
b. Easement for ingress and egress over all of Parcel 1 for the
maintenance of public water and sewer lines, but without the
obligation to restore the private surface improvements that could be
damaged as a result of performing maintenance work.
5. Closure calculations for all easements shall be submitted to the City
Engineer with the Final Map for review and approval.
6. The applicant shall pay all applicable engineering, plan checking, map
checking, permit, and inspection fees.
7. A standard agreement shall be executed, and appropriate securities shall
be posted, for construction of all street improvements and lot
monumentation.
(Planning)
8. Provide a copy of all the California Department of Real Estate (ORE)
required documents for the establishment of the condominium, to include
a detailed air space division plan, for inclusion into the City file.
9. A property owners association shall be formed and maintained for the life
of the project to ensure property maintenance. Prior to Final Map
approval the applicant shall submit to the City for review and approval a
copy of the project CC&Rs. The CC&Rs shall at a minimum identify
property improvement maintenance responsibilities.
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(Public Works)
10. 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)
11. Provide for a legally binding reciprocal maintenance agreement (RMA)
among all owners for the inspection, repair and maintenance of fixed fire
protection features, such as underground piping, sprinkler underground
piping, fire sprinkler above ground piping and features, double detector
check valves (DDCV), fire department connections, and fire alarm
systems.
12. Provide for adequate separations between adjacent property owners as
described by the Building and Fire Codes.
Section 5: The approval of Tentative Tract Map 06-05 expires on November 14,
2008, 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.
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 November 14, 2006.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 14th day of November 2006.
ATTEST:
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Resolution No. P-06-53
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STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under penalty
of perjury, that the foregoing Resolution No. P-06-53 was duly adopted by the City
Council at a meeting of said City Council held on the 14th day of November 2006 and
that it was so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
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L. Diane Shea, City Clerk
City of Poway