Res P-07-42
RESOLUTION NO. P-07-42
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING TENTATIVE PARCEL MAP (TPM) 07-02
ASSESSOR'S PARCEL NUMBER 317-223-27
WHEREAS, a request for a Tentative Parcel Map (TPM) 07-02 for an "air space"
subdivision (i.e., condominium conversion) to create two separate for-sale units within
an existing, approximate 18,380-square-foot industrial building on a one-acre property
located at 12675 Stowe Drive, in the Planned Community (PC) zone and designated
Light Industrial (L1), was submitted by Poway Warehouse Distribution Center, LLC/
Steve Spooner, 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 September 4,2007, 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 existing light
industrial building.
Section 2: The findings, in accordance with the State Subdivision Map Act
(Government Code Section 66410 et. seq.) for Tentative Parcel Map 07-02, are made
as follows:
A. The Tentative Parcel 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 Parcel 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 the Poway Municipal Code. 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 Parcel 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 Parcel 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 Parcel Map 07-02, as shown
on the Tentative Parcel Map dated June 22, 2007, at 12675 Stowe Drive, 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 the site plan and conditions of approval established
with the approval of Development Review (DR) 87-13TE, unless otherwise
approved by the City, and accordingly a note shall be put on the Parcel Map.
D. Prior to Parcel Map approval, unless other timing is indicated, the applicant!
developer shall complete the following:
. (Engineering)
1. The Parcel Map, together with the supporting data and documentation,
shall be submitted to the Engineering Division for review and approval,
along with the appropriate map checking fee. The Parcel Map shall
conform to City standards and procedures, the City Subdivision
Ordinance, the Subdivision Map Act, and the Land Surveyors Act.
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2. The subdivider shall post a cash deposit to the City, an amount equivalent
to $100.00 per sheet of the Parcel Map, for a photo mylar reproduction of
the recorded map. If the applicant provides the City with a photo mylar
copy of the recorded map 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.
3. 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 Stowe Drive. 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. Closure calculations for all easements shall be submitted to the City
Engineer with the Final Map for review and approval.
4. The applicant shall pay all applicable engineering, plan checking, map
checking, permit, and inspection fees.
5. The Final Map, together with the supporting data and documentation, shall
be submitted to the Engineering Division for review and approval, along
with the appropriate map-checking fee. The Final Map shall conform to
City standards and procedures, the City Subdivision Ordinance, the
Subdivision Map Act, and the Land Surveyors Act.
(Planning)
6. 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.
7. A property owners' association shall be formed and maintained for the life
of the project to ensure property maintenance. Prior to Parcel 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.
(Safety Services)
8. Provide for a reciprocal maintenance agreement providing for the
maintenance, repair and condition of the fire protection systems located
on the property, including the post indicator or double detected check
valve, fire department connections, water lines, building fire sprinkler riser
and all components within the building. The. Agreement is to include a
cost recovery provision, and provisions for emergency access. The
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Agreement will also provide for repair work to be of equal or better quality
than the original work and performed by a licensed professional certified
by the State of California to perform such work. Contact the Fire Marshal
for details on this Condition of Approval.
9. Each owner, at its sole cost and expense, shall comply, and shall ensure
that its tenants comply fully with all applicable state and local health and
safety, building and fire codes. The type, location, use and storage of
hazardous materials shall be regulated by the Poway Municipal Code and
applicable nationally recognized standards.
Section 5: The approval of Tentative Parcel Map 07-02 shall expire on September 4,
2009, at 5:00 p.m. The Parcel Map conforming to this conditionally approved Tentative
Parcel Map shall be filed with the City so that the City may approve the Parcel 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 September 4,2007.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 4th day of September 2007.
Michael P. Cafagna,
ATTEST:
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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-07-42 was duly adopted by the City
Council at a meeting of said City Council held on the 4th day of September 2007, and
that it was so adopted by the following vote:
AYES: BOYACK, HIGGINSON, CAFAGNA
NOES: NONE
ABSENT: EMERY,REXFORD
DISQUALIFIED: NONE
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L. Diane Shea, City Clerk
City of Poway