Res 23-046RESOLUTION NO. 23-046
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING AN AMENDED LEASE
AGREEMENT WITH HAMBURGER FACTORY, INC., AND THE
FIRST AMENDMENT TRANSFERRING THE LEASE TO
CHEESEBURGERS IN POWAY, LLC
WHEREAS, the City of Poway (the "City") is the owner of the building at 14122 Midland
Road commonly referred to as the Hamburger Factory (the "Facility');
WHEREAS, City and Hamburger Factory, Inc. (the "Lessee") entered into that certain
Hamburger Factory Lease dated January 1, 2011;
WHEREAS, Lessee is in escrow to sell its business to Cheeseburgers in Poway, LLC (the
"New Lessee");
WHEREAS, City, Lessee, and New Lessee have negotiated the terms for an Amended
and Restated Lease Agreement with Hamburger Factory, Inc. (the "Amended Lease") included in
the staff report as Attachment B and a First Amendment to the Lease Agreement with Hamburger
Factory, Inc. (the "First Amendment") included in the staff report as Attachment C that will transfer
the Amended Lease to the New Lessee;
WHEREAS, execution of the New Lease by the City and the Lessee is exempt from the
California Environmental Quality Act (CEQA) because the continuation/extension of a lease of
government property to a new lessee, without material physical changes, will not result in an result
in any direct or reasonably foreseeable impacts on the environment, and thus the project is
exempt under the Class 1, Class 2, Class 3 and Class 32 categorical exemptions (see, CEQA
Guidelines sections 15301 through 15303, 15332), as well as the so-called "common sense"
exemption set forth in Section 15061(b)(3) of the CEQA Guidelines; and
WHEREAS, the California Surplus Land Act ("SLA") does not apply to the Amended
Lease, because the Facility was already disposed by long term lease in 2011, and thus it is not
surplus land, nor does change of the operator of the Facility or extension of the term of the Lease
otherwise trigger the SLA.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
SECTION 1: The foregoing recitals are true and correct, and incorporated into this
Resolution by this reference, as if fully set forth herein.
SECTION 2: The City Council hereby authorizes and directs the City Manager or
designee to 1) take all actions and to execute any and all documents, instruments, and
agreements necessary or desirable on behalf of the City, as approved by the City Manager and
City legal counsel, including, without limitation, the Lease Agreement with Hamburger Factory,
Inc., to implement and effectuate the lease of the Facility by City to the New Lessee, and to
effectuate all other actions approved by this Resolution, including, without limitation, approving
changes, implementations, or revisions to documents, instruments, and agreements as
determined necessary by the City Manager or designee and approved by City Attorney, and 2)
administer the City's obligations, responsibilities, and duties to be performed pursuant to this
Resolution No. 23-046
Page 2
Resolution and all documents, instruments, and agreements required by and for the lease of the
Facility by the City to the Lessee.
SECTION 3: This Resolution shall take effect upon the date of its adoption.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Poway, California on the 1 st day of August, 2023, by the following vote, to wit:
AYES: DE HOFF, EDMONDSON, PEPIN, FRANK, VAUS
NOES: NONE
ABSTAINED: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Steve Vaus, Mayor
ATTEST:
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Carrie Gallagher, CMC, Citp Clerk