February 1, 2022 Item #7
DATE:
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/[email protected]
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 #7
The 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 #7
RESOLUTION 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 #7
Resolution No. 22-
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 #7
Resolution No. 22-
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 #7
Resolution
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 #7
Resolution No. 22-
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 #7
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Poway
Zoning/
Location
Map
Item:
TTM22-001
0 125
250
ATTACHMENT
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500
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February 1, 2022 Item #7
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TENTATIVE MAP
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CITY OF POWAYI TRACT 4211
-MAP NO 10634
APN 214-:461-11
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PROPERTY ADORESS:
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LEGEND:
PROLCTSOONDMY
DISTIIGSPOTll.EVATlONS . .. . .. .... .. . .......... ... ... .. .. . ~SnNGCOnCIJR . ........ .... . .... ..... .. .......... ... . .. . [»sTNQOJRll;(JJTl[R , ..
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POMERAI)() ROAD
/IOT Jl1SCAII
PREPARED BY:
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:
156# POMCRADO ROAD
fl}~
PROJECT NAME:
L56# POMCRADO ROAD TfNTAT/',f: MAP
SHEET Tm..E:
TENTAT/',f: MAP