Res 22-008RESOLUTION NO. 22-008
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.
Resolution No. 22-008
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.
Resolution No. 22-008
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, shall 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.
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.
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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:
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.
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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 2A10BC 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: LEONARD, FRANK, GROSCH, MULLIN, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, Cit ' Clerk