Cities Index.
Item 11 - TTM 24-0001; Request for Approval of the First One-Year Time Extension for a Previously Approved Subdivision (TTM 22-001)

Poway City Council
June 18, 2024

Document
Item 11 - TTM 24-0001; Request for Approval of the First One-Year Time Extension for a Previously Approved Subdivision (TTM 22-001)
Meeting
June 18, 2024
Body
Poway City Council
Pages
3
Original file
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Text extracted from the city's file for reading and search. Open the original on portal.laserfiche.com. That file is the official record.

June 18, 2024, Item #11
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PO RT City of Poway
June 18, 2024
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Serviceq
Hector Salgado, Senior Planner i ,S
858-668-4656 or [email protected]

CITY COUNCIL
Tentative Tract Map (TTM) 24-0001; a Request for Approval of the First One-Year Time Extension for a Previously Approved Subdivision (TTM 22-001) Tentative Tract Map {TTM) 22-001, known as the Del Norte Professional Terraces Condominium Conversion project, was going to expire on February 1, 2024. Prior to the expiration, the applicant requested the first one-year time extension to allow for additional time to complete the processing requirements for a Final Map. The project will be deemed expired unless the requested time extension is approved.

Recommended Action:

It is recommended the City Council take public input, close the public hearing, and adopt the Resolution {Attachment A).

Discussion:

The applicant is Dave Morris, 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 in the Commercial Office (CO) zone {Attachment B). 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 Medical Center Poway is located to the east of the site. On February 1, 2022, the City Council approved TTM 22-001, which converted two existing commercial office buildings into 19 commercial office condominium units (Attachment C and D). The purpose of the conversion is to sell the office condominiums individually rather than selling the entire property.

The TTM was approved by the City Council for two years pursuant to the Poway Municipal Code {PMC).

Within that time frame, the applicant is required to process and receive approval of a Final Map from 1 of 11
June 18, 2024, Item #11
the City Council. Section 16.10.080 of the PMC allows for a total of five one-year extensions. This is the first extension request for this subdivision.

The applicant requests additional time to complete the Final Map process. The applicant is requesting City Council approval of a one-year time extension. All the findings and Conditions of Approval from City Council Resolution No. 22-008 will remain in full force and effect. The project will be required to comply with all current regulations for landscaping and stormwater requirements. No new conditions of approval are recommended. No changes are proposed with the extension. With the approval of this extension request, the TTM expiration will be extended to February 1, 2025.

Environmental Review:

The time extension is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) of the CEQA Guidelines in that this action has no possibility of an effect on the environment. Environmental review was conducted pursuant to CEQA in conjunction with the original approval.

Fiscal Impact:

None.

Public Notification:

A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, June 6, 2024. A public notice was mailed to the property owners and occupants located within 500 feet of the project site.

Attachments:

A. Resolution
B. Zoning and Location Map
C. Resolution No. 22-008, approving TTM 22-001
D. Approved TTM 22-001
Reviewed/Approved By:

Assistant City Manager
2 of 11
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:
c{!J~
City Manager
June 18, 2024, Item #11
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, APPROVING TENTATIVE TRACT MAP
24-0001; THE FIRST TIME EXTENSION OF THE APPROVAL
FOR TENTATIVE TRACT MAP 22-001, ASSESSOR'S PARCEL
NUMBER 275-461-12
WHEREAS, on February 1, 2022, the City Council approved Tentative Tract Map (TTM) 22-001; a request to convert two existing commercial office buildings into 19 commercial office condominium units located at 15644 Pomerado Road in the Commercial Office (CO) zone (Project hereinafter);
WHEREAS, on June 18, 2024, the City Council held a duly advertised public hearing to receive testimony from the public, both for and against, relative to this matter; and WHEREAS, the City Council has read and considered the agenda report for the proposed Project, including the attachments, and has considered other evidence presented at the public hearing.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:

SECTION 1: This time extension is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) of the CEQA Guidelines in that this action has no possibility of an effect on the environment. Environmental review was conducted pursuant to CEQA in conjunction with the original approval of the Project.

SECTION 2: City Council Resolution No. 22-008 remains in full force and effect except that a time extension for the approval is hereby granted by the City Council.

SECTION 3: The City Council hereby approves TTM 24-0001, as shown on the approved tentative map on file with the Development Services Department. This approval includes the approval of a first time extension of TIM 22-001 for one year from February 1, 2024, to February 1, 2025.

SECTION 4: 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.
3 of 11
II
II
II
II
II
II

ATTACHMENT A
June 18, 2024, Item #11
Resolution No. 24-

Page 2 ends

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 18th day of June, 2024 by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
4 of 11
June 18, 2024, Item #11
.&
0 NORTH
5 of 11
City of Poway
Zoning / Location Map
Item: TTM24-0001
250 500

ATTACHMENT B
1,000
Feet
June 18, 2024, Item #11
RESOLUTION 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. 6 of 11 ATTACHMENT C
June 18, 2024, Item #11
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.
7 of
11 June 18, 2024, Item #11
Resolution No. 22-008

Page 3 ends

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:
8 of 11

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.

June 18, 2024, Item #11
Resolution
No.
22-008 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
pr
ior
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
:
9 of
11 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.

June 18, 2024, Item #11
Resolution
No
. 22-008 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
serv
iced
and
certified
for
operation
.

Additional
signage
approved
by
the
Fire
Department
shall
be
installed
.

9. A
2A
1 OBC
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
:

ATTEST: 10
of
11 LEONARD
, FRANK
, GROSCH,
MULLIN
, VAUS

NONE NONE NONE
Steve
Vaus,
Mayor
June 18, 2024, Item #11
... ...
0 .... ... ...

TENTATIVE MAP
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SOURCE Of TOPOGRAPHY:
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GRADING QUANTITIES:

NO ~ IS Pf?aW11 FCll 11£ !il!
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ASSESSOR'S PARCEL NUMBERS:

Al'Jt175- 461-ll-o:J
GROSS/NET AREAS:
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LEGAL DESCRIPTION:

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PROPERTY ADDRESS:
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EASEMENT NOlES:
t£Mll,/l(JIT~A f.,TP(RIXJC.

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APN 274-46i - O9
IIOTr.· THIS IS A UAP OF A et:l{DOII/N/UU PRO.CCT
AS 0£f//lED Ill !xCllCW '125 OF THE CJWL Cl)()£
OF TH£ STATE OF CALJFa?NIA ANO IS fllEO
PfJRSIJANT TO llf£ SIJOOl~Slat I/AP ACT. TH£
TOTAL NUJIBER OF COl,IJIERQAL CUIOOUIMUJI UNITS IS 19.
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FIRE DEPT. NOlES:

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LEGEND:

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PREPARED BY:

PHONE f· (95f} 557-2020 FAX: {951) 587- 2626
PROJECT ADDRESS: EXISTING ZONING:
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SETBACKS:

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PROPOSED USE:
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BENCHMARK:

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SUITE 105
7'1::,1/ClJI.A. C:I ')]5 VO
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P,u · (9j IJ 587-2616
PROJECT NAME:
15644 POJ.l[RADO ROAD T[NTAlll,f UAP
SHEET TITLE:
lfNTATll'f VA!!_
"TT M "Z.Z.- ct:il

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