Item 7 - TTM 22-001 Del Norte Prof. Office Bldgs Condo Conv. Req. Conv. 2 Exiting Cmrcl. Offc. Bldgs into Office CondominiumsFebruary 1, 2022 Item #7DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway February 1, 2022 Honorable Mayor and Members of the City Councl ~ Robert Manis, Director of Development Services T"I Austin Silva, Senior Planner ~<; 858-668-4658/asilva@poway.org CITY COUNCIL Tentative Tract Map 22-001 -Del Norte Professional Office Buildings Condo Conversion; a request to convert two existing commercial office buildings into office condominiums Tentative Tract (TTM) 22-001 is a request to convert two existing commercial office buildings into 19 commercial office condominium units on property located at 15644 Pomerado Road (Del Norte Professional Building) in the Commercial Office (CO) zone. The purpose of the conversion is to sell the office condominiums individually rather than selling the entire property. Recommended Action: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution (Attachment A). Discussion: The project applicant is Strom Entitlement Permitting PM, LLC and the property owners are Del Norte Professional Building LLC and 12036 Saticoy Street LLC. The project site is a 1.87-acre property developed with two commercial office buildings totaling approximately 23,275 square feet and a surface level parking lot. The existing buildings are leased for commercial and medical uses. The project site is located at 15644 Pomerado Road, north of Monte Vista Road and south of Bernardo Heights Parkway (Attachment 8). Single-family homes in the City of San Diego are located to the west, office buildings are located to the north and south, and the Pomerado Hospital is located to the east of the site. The commercial office buildings on site contain 19 suites that would be converted into ownership units each with their own assessor's parcel number as a part of a tentative map (Attachment C). The purpose of the conversion is to sell the office condominiums individually rather than selling the entire property. Each condominium unit will be individually owned. The remaining parking and landscape areas will be owned and maintained in common by the owners of the 19 suites. 1 of9
February 1, 2022 Item #7The easterly office building was approved and constructed prior to the City's incorporation. The City does not have any building permit records for the construction of this building. In October 2004, the City Council approved DR 04-06 that allowed for the construction of a second office building located west of the original building. The 19 office suites are located within both buildings. There are no changes to the buildings proposed at this time and only minor exterior site improvements will be required. The site is in good condition with surface and landscape improvements maintained as originally approved. Pursuant to Chapter 16.08.020(A), a tentative and final map shall be required for all divisions of land when determined by the Director of Development Services that such land may be divided into five or more condominiums. Tentative maps and final maps are subject to City Council approval. Environmental Review: The proposed project is Categorically Exempt as a Class 1 Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (k) of the CEQA Guidelines, in that the project involves the subdivision of two existing commercial office buildings and no expansion of the use is proposed. Fiscal Impact: None. Public Notification: A public notice was published in the Poway News Chieftain and mailed to property owners and occupants located within 500 feet of the project site. Attachments: A. Resolution B. Zoning and Location Map C. Tentative Map Reviewed/ Approved By: Wendy Kaserman Assistant City Manager 2 of9 Reviewed By: Alan Fenstermacher City Attorney App roved By: l.Z City Manager
February 1, 2022 Item #7RESOLUTION NO. 22-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 22-001 FOR THE CONVERSION OF TWO EXISTING COMMERCIAL OFFICE BUILDINGS INTO COMMERCIAL OFFICE CONDOMINIUMS; ASSESSOR PARCEL NUMBER 275-461-12 WHEREAS, on February 1, 2022, the City Council considered Tentative Tract Map (TTM) 22-001; a request to convert two existing commercial office buildings into 19 commercial office condominium units on property located at 15644 Pomerado Road in the Commercial Office (CO) zone; WHEREAS, on February 1, 2022, the City Council held a duly advertised public hearing to receive testimony from the public, both for and against, relative to this matter; 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 hearing; and WHEREAS, the approved tentative map is incorporated by reference herein as Exhibit A to this Resolution available on file in the Development Services Department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The above recitals are true and correct. SECTION 2: The project is Categorically Exempt as a Class 1 Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (k) of the CEQA Guidelines, in that the project involves the subdivision of two existing commercial office buildings and no expansion of the use is proposed. SECTION 3: The findings, in accordance with the State Subdivision Map Act (Government Code Section 66410 et. seq.) for TTM22-001, are made as follows: A. The TTM, together with its design and improvements, is consistent with the General Plan in that it will allow for the ownership of commercial office units in two existing commercial office buildings and is consistent with the Commercial Office (CO) General Plan land use designation. B. The site is physically suitable for the type of development proposed in that the subdivision will occur in two existing commercial office buildings that adhere to the development standards for the CO zone. C. The site is physically suitable for the density of the development proposed in that the subdivision will occur in two existing commercial office buildings that adhere to the development standards for the CO zone. D. The design of the TTM is not likely to cause substantial environmental damage. 3 of 9 ATTACHMENT A
February 1, 2022 Item #7Resolution No. 22-Page 2 Subdivision will occur in two existing commercial office buildings and no substantial changes are proposed to the exterior of the site. E. The Map is not likely to cause serious public health problems because City water, sewer, and drainage system improvements have already been connected and/or installed at the site for the two existing commercial office buildings. F. The design of the Map will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. G. The Map will not create any unmitigated adverse significant impacts on the environment. SECTION 4: The findings in accordance with Government Code Section 66020 for the public improvements are made as follows: A. The design and improvements of the TTM are consistent with all elements of the Poway General Plan, as well as City Ordinances, because all necessary services and facilities are available. SECTION 5: The City Council hereby approves TTM22-001, as shown on the approved tentative map incorporated herein by reference and stamped as "Exhibit A" dated February 1, 2022 (Exhibit A hereinafter) on file with the Development Services Department, except as noted herein and 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 forth 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 TTM22-001) 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 tentative map stamped "Exhibit A" and on file at the Development Services Department. If actual conditions and details vary from representations on Exhibit A, the approved tentative map must be changed to reflect the existing site conditions and proposed project details. Any substantial changes to the approved tentative map 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 tentative map. 4of9
February 1, 2022 Item #7Resolution No. 22-Page 3 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 Final Map approval, the applicant shall (1) submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant Regarding Real Property notarizing and recording said document. In order for the City to prepare the Covenant the applicant must first submit a legal description of the subject site. E. 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. F. Prior to Final Map approval, unless other timing is indicated, the following conditions shall be complied with: 1. The final map, together with the supporting data and documentation, sha!! be submitted to Engineering Division for review and approval. The appropriate map checking fee shall be paid by the applicant. 2. The final 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. 5 of9 3. All construction drawings or technical reports accepted by the City 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. The applicant shall measure the existing buildings and prepare three-dimensional condo plans to be reviewed by the Title Company. A copy of the condo plans, and the Covenants, Conditions, and Restrictions (CC&R) are required to be provided to the City of Poway. The CC&R shall describe maintenance responsibilities for all common areas including the parking lot and landscaping. 5. The applicant shall conduct a field survey of the existing driveways that access the parcels on Pomerado Road and update any driveways that do not meet current ADA standards. Public improvement plans and a Right-of-Way Permit with appropriate fees and deposits shall be required for any work to be done within the public right-of-way. 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 an exhibit and submit to the engineering division in Development Services. Prior to Final Map approval, 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/2fcslist. pdf.
February 1, 2022 Item #7Resolution No. 22-Page 4 7. A mylar copy of the Final Tract map shall be provided to the City within three months of its recordation. A cash deposit to the City, in an amount equivalent to $100.00 per sheet of the Tract Map, for the mylar reproduction of the recorded Tract Map shall be posted. 8. A monumentation bond in an amount acceptable to the City Engineer shall be posted. 9. The formation of an office owner's association (OOA) with maintenance responsibilities of common areas or recordation of a maintenance agreement is required, unless the project site is under single ownership (Single-Owner hereinafter) to the satisfaction of the Director of Development Services. Maintenance shall include the on-going maintenance of the parking and other proposed paved areas, fencing, walls, and landscape and irrigation (private and within the public right-of-way along the property's frontage). 10. 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. 11. A Comprehensive Sign Program applicable to all commercial/office units on the property shall be approved to the satisfaction of the Director of Development Services. 12. All landscaping shall be kept in a thriving condition and adhere to the City's Landscape and Irrigation Design Manual. Landscape and trees and irrigation shall be provided to the satisfaction of the Director of Development Services. G. The following requirements shall be completed to the satisfaction of the Safety Services Department prior to Final Map approval: 6 of9 1. Permanent access roadways for fire apparatus shall be designated as "Fire Lanes" with appropriate signage and curb markings as approved on plan. 2. Designated parking spaces shall not allow parked vehicles to obstruct required exit pathways, disable access pathways, exit doors and access doors to fire protection systems shall be removed. 3. Building shall display the approved numbers and/or addresses in a location plainly visible and legible from the street or roadway fronting the property from either direction of approach. The suite number for each business shall be plainly visible on all doors. 4. The building address shall also be displayed on the roof in a manner satisfactory to the Fire Code Official, and meeting Sheriff Department-ASTREA criteria. 5. The building with suites 303, 304, 400 and 401 is equipped with a fire sprinkler system. A new Knox Box shall be installed adjacent to the sprinkler riser room. 6. The building's fire sprinkler system shall meet Poway Municipal Code (PMC) requirements. The system shall be serviced and certified for operation. The entire system is to be monitored by a central monitoring company and backflow valve assemblies with tamper switches shall be monitored.
February 1, 2022 Item #7Resolution No. 22-Page 5 7. The building's dedicated function sprinkler monitoring system shall meet PMC requirements. The system shall be completely monitored by a U.L. listed central station alarm company or proprietary remote station. 8. The building's dry standpipe system shall be serviced and certified for operation. Additional signage approved by the Fire Department shall be installed. 9. A 2A 1 0BC fire extinguisher(s) are required for office areas every 3,000 square feet and 75 feet of travel distance. SECTION 6: The approval of TTM22-001 shall expire February 1, 2024, at 5:00 p.m., unless prior to that time the final map is recorded or a request for a time extension is submitted to the Development Services Department and a time extension is subsequently granted by the City Council. The final map conforming to this conditionally approved TTM shall be filed with the City so that the City may approve the final map before this approval expires. 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 1st day of February, 2022 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 7 of9
February 1, 2022 Item #7San Diego .. NORTH 8 of9 Gatew_ayJPark Rd co HC Monte Vista Rd City of Poway Zoning/ Location Map Item: TTM22-001 0 125 250 ATTACHMENT B 500 Feet RS-4
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NAME: ALVAIJE £/ICINEERIIC
ADDRESS· 289J6 OUJ TO#N FRa/T STREIT. l205
lllEf!M. CA 92590
PHONE f· (951) 587-2020 FAX.· (951) 587-2626
PROJECT ADDRESS:
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