February 15, 2022, Item #15
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
February 15, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services fv'\
Austin Silva, Senior Planner A~
858-668-4658/[email protected]
CITY COUNCIL
Pre-Development Conference 21-004/22-001; a request for review of a proposal to modify a Conditional Use Permit and Reclamation Plan for the mining site operated by Granite Construction to provide for a Battery Energy Storage System facility and an amendment to the South Poway Specific Plan to allow transmission poles in the Natural Open Space area at 10975 Beeler Canyon Road.
Granite Construction is proposing to modify Conditional Use Permit (CUP) 19-009 and its Reclamation Plan to revise future industrial building pad locations (Pads) to provide for a Battery Energy Storage System (BESS) facility at the northerly portion of the mining site and to amend the South Poway Specific Plan (SPSP) to allow transmission poles and lines up to 80-feet tall in the Natural Open Space (Natural 05) area on three parcels at 10975 Beeler Canyon Road designated as Mineral Resource Extraction (MRE) in the SPSP area.
The review of Pre-Development Conference (PDC) 21-004/22-001 is advisory only. Two PDC applications are being discussed as one agenda item because they are interrelated. The City Council will not render any decision. If the Applicant wishes to proceed with an application, it is with the understanding that the City Council has made no representation upon which the Applicant may rely.
Recommended Action:
It is recommended that the City Council provide input and direction regarding the request.
Discussion:
Nighthawk Energy Storage, LLC (BESS Facility) and Eric Matz (property owner representative) are the applicants. There are three parcels associated with this PDC request. The two westerly parcels, Assessor Parcel Numbers (APN) 320-031-06 and 320-031-03 (Clerco Parcels) are owned by Clerco, Inc.
The easterly parcel, APN 320-031-04 (Calmat Parcel), is owned by Calmat Co. The three parcels (collectively Mining Site) are located south of Kirkham Way and north of Beeler Canyon Road on 1 of 18
February 15, 2022, Item #15
properties
designated
as
MRE
in
the
South
Poway
Specific
Plan
(Attachment
A).
Surrounding
land
uses
include
industrial
development
and
open
space
to
the
west,
industrial
development
to
the
north,
an
apprenticeship
training
center
and
open
space
to
the
east,
and
single-family
residences
and
open
space
in
the
City
of
San
Diego
to
the
south
across
Beeler
Canyon
Road.
Aggregate
extraction
and
processing
activity
was
conducted
by
Padre
Transit
Mix
at
the
Mining
Site
starting
in
1975
under
a
permit
issued
by
the
County
of
San
Diego
prior
to
the
City
of
Poway's
incorporation.
Padre
Transit
Mix
was
acquired
by
CalMat
Co.
in
1989.
The
City
took
responsibility
of
administering
the
mining
extraction
permit
after
incorporation.
The
original
mining
operation
was
located
on
the
central
parcel
which
is
in
the
easterly
property
of
the
Clerco
Parcels
(82.93-acre
parcel)
.
In
1986,
CalMat
purchased
the
Calmat
Parcel
(65.92-acre
property),
which
was
included
in
the
current
CUP
for
the
mining
operation.
In
1987,
Clerco
purchased
the
westerly
approximate
17-acre
property
(APN
320-031-06)
of
the
Clerco
Parcels
to
allow
for
a
private
access
road
from
the
Mining
Site
to
Kirkham
Way.
Granite
Construction
took
over
operation
of
the
Mining
Site
in
February
2020
with
approval
of
CUP19-009.
CUP19-009
was
approved
administratively
as
a
minor
modification
to
CUP89-
05 to
memorialize
the
change
in
the
mine
operator.
Rather
than
mining,
Granite
Construction
primarily
uses
the
site
to
recycle
broken
concrete
and
asphalt
into
useful
construction
materials.
The
SPSP,
adopted
in
1985,
identified
the
mining
operation
as
ongoing
and
allowed
it
to
continue
by
renewing
the
County's
permit
as
a
CUP
from
the
City
of
Poway
and
approval
of
a
Reclamation
Plan.
The
Reclamation
Plan
is
required
by
California's
Surface
Mining
and
Reclamation
Act
of
1975
to
assure
that
"adverse
environmental
effects
are
prevented
or
minimized
and
that
mined
lands
are reclaimed
to
a
usable
condition
which
is
readily
adaptable
for
alternative
land
uses."
Chapter
16.54.080(8)
of
the
Poway
Municipal
Code
(PMC)
also
states
that
the
Reclamation
Plan
and
potential
use
of
reclaimed
land
pursuant
to
the
plan
are
to
be
consistent
with
the
General
Plan
and
any
applicable
specific
plans,
resource
plan,
or
element.
The
PMC
also
requires
that
reclamation
activities
begin
as
early
as
possible
on
those
portions
of
the
mined
lands
that
will
not
be
subject
to
further
disturbance.
Reclamation
at
this
Mining
Site
may
be
done
on
an
annual
basis,
in
stages
with
continuing
operations,
or
upon
completion
of
all
excavation,
removal,
or
fill,
as
approved by
the
City.
Final
slopes
and
grade
elevations
will
be
in
accordance
with
the
1991
Reclamation
Plan
Sheets
R-1
through
R-5
(Attachment
B).
The
Reclamation
Plan
indicates
that
two
industrial
pads
will
be
constructed
totaling
approximately
15 acres
over
the
easterly
Clerco
Parcel
and
the
Calmat
Parcel
along
the
south
side
of
Kirkham
Way
at
the
northerly
portion
of
the
Mining
Site
(Attachment
C).
After
reclamation
of
the
Mining
Site,
154
acres
will
be
redesignated
from
MRE
to
Natural
OS.
A
biological
conservation
easement
(BCE)
with
appropriate
signage
will
also
be
required
over
the
Natural
OS
areas
. The
remaining
15 acres
where
the
industrial
pads
will
be
located
will
be
redesignated
to
Light
Industrial
(LI).
In
2022,
Granite
Construction
expects
to
commence
reclamation
activities
at
the
Mining
Site
by
beginning
restoration
of
the
Central
Reach
of
Beeler
Creek,
which
includes
894
linear
feet
that have
been
impacted
by
mining
activities
.
Granite
Construction
has
obtained
the
appropriate
permits
from
the
Regional
Water
Quality
Control
Board,
California
Fish
and
Wildlife,
and
United
States
Army
Corps
of
Engineers
to
move
forward
with
the
creek
restoration.
The
applicant
is
requesting
to
modify
CUP19-009
and
the
Reclamation
Plan
to
reconfigure
the
two
industrial
building
pads
to
be
entirely
on
the
Clerco
Parcels
as
conceptually
shown
in
the
conceptual
industrial
pad
reconfiguration
exhibit
(Attachment
D).
This
would
require
a
modification
to
the
CUP
and
minor
modifications
to
the
Reclamation
Plan
along
with
a
Development
Review
to
be
approved
by
the
City
Council.
This
would
result
in
no
industrial
pad
being
constructed
on
the
Cal
Mat
parcel
and
the
CalMat
parcel
would
remain
undisturbed
. CalMat
has
indicated
that
they
do
not
desire
to
construct
a
portion
of
the
industrial
pad
on
their
property
(Attachment
E),
and
this
will
be
reflected
in
2 of
18 February 15, 2022, Item #15
the CUP. The CUP modification would also allow for use of the industrial pad while mining operations continue on the site.
If the reconfiguration of the industrial pads is approved, Clerco, Inc. desires to lease an approximate 10-acre pad to Nighthawk Energy Storage, LLC to construct and operate an approximate 300- megawatt BESS facility. The BESS facility would receive energy (charging) from the SDG&E electric transmission system, store energy on-site, and then deliver energy (discharging) back to the grid during blackouts. A BESS facility operates similarly to a wireless telecommunications facility in that there are no employees on-site and the facility will be maintained routinely. A BESS facility is a permitted use on a LI-designated property with approval of a Development Review application.
The BESS facility will consist of lithium-ion batteries installed in containers, power inverters, a collector substation with switchgear and a transformer, a generation transmission line, and transmission poles.
The batteries and collector substation will be located on the industrial pad portion of the Mining Site that will be redesignated to LI as shown on the site plan for the BESS facility (Attachment F). The generation tie line will be constructed to transfer power between the BESS facility and the SDG&E Sycamore Canyon Substation to the south in the City of San Diego. The· generation tie line would be supported by steel transmission poles that are anticipated to be between 60 to 80 feet high (Attachment G). The transmission poles are proposed to be located in the future reclaimed areas of the Mining Site that would be redesignated as Natural OS. This conflicts with the provisions of the zone as structures such as transmission poles associated with private facilities are currently not allowed in areas designated as Natural OS. Therefore, an amendment to the SPSP would be required to allow privately-owned transmission poles in the Natural OS designated areas. Currently, on~y structures associated with wireless communication facilities may exceed 45 feet in height in the SPSP area and are not permitted within Natural OS areas. The SPSP amendment would also need to include a request to allow transmission poles and lines supporting a BESS substation to exceed 45 feet in height in the Natural OS areas, and to redesignate the land uses of the Mining Site to Natural OS and LI.
Beeler Canyon is identified as an east-west wildlife movement linkage corridor (Biological Core Linkage Area or BCLA) in the Poway Subarea Habitat Conservation Plan (HCP). Beeler Canyon is identified as both a regional and local corridor in the HCP (Figure 2-1 ). The environmental impact report (El R) for the SPSP states that south facing slopes should be preserved for habitat. The transmission poles and lines would also impact hillside ridgeline views. In addition, adopted slope regulations restrict development such as this on steep slopes. Approval would be required by the California Department of Fish & Wildlife with a recommendation from City staff to support the project. View and biological impact studies would also be required. Staff asked if the tie line could instead be undergrounded or tie into the existing transmission lines to the east. The applicant expressed concern of costs that could potentially make the project financially infeasible.
The review of PDC 21-004/22-001 is advisory only. The City Council will not render any decision. If the Applicant desires to proceed with an application, it is with the understanding that the City Council has made no representation upon which the Applicant may rely. The Agreements of Understanding is included as Attachment H.
Environmental Review:
Because no action can be taken, this item is not a "Project" pursuant to the California Environmental Quality Act (CEQA) and is therefore not subject to CEQA review. 3 of 18
February 15, 2022, Item #15
Fiscal Impact:
Construction of new buildings may trigger a reassessment of value ("basis") for property taxes depending on the County of San Diego's Assessor's and Treasurer-Tax Collector's interpretation of land use. If assessable, the reassessment would increase property tax revenues to the City. Based on the information available, the magnitude of the increase cannot be estimated at this time.
Public Notification:
None.
Attachments:
A. Zoning and Location Map
B. 1991 Reclamation Plan Final Slope and Grade Elevations C. Current Industrial Pad Configuration
D. Proposed Conceptual Industrial Pad Reconfiguration
E. Notice of Calmat's Election to Not Construct Commercial Pad F. Preliminary BESS Site Plan
G. Transmission Pole Drawing and Photograph Example
H. Agreements of Understanding
Reviewed/ Approved By:
J~, L-----
Wend~aserman
Assistant City Manager
4 of 18
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
c~
City Manager
February 15, 2022, Item #15
OS-1DU
5 of 18
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-031-03
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February 15, 2022, Item #15
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LOCATION OF INDUSTRIAL PADS
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February 15, 2022, Item #15
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LOCATION OF FUTURE INDUSTRIAL PADS
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February 15, 2022, Item #15
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February 15, 2022, Item #15
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15 of 18 ATTACHMENT G
February 15, 2022, Item #15
AGREEMENT
OF
UNDERSTANDING
City
Council
for
the
City
of
Poway,
hereinafter
referred
to
as
· City
" and
____
C_le_r_c_o_,
_ln_c_.
_________
, hereinafter
referred
to
as
"Proponent
"
enter
into
this
Agreement
of
Understanding
based
upon
the
following
facts:
Proponent
owns
or
has
an
equitable
interest
in
land
described
by
tax
Assessor's
320-031-03
Parcel
Number(s)-
-
-
-
-------
.
Proponent
desires
to
develop
this
property
in
accordance
with
the
will
of
the
City
and
without
the
expense
of
a
protracted
development.
City
is
concerned
that
Proponent
will
create
development
plans
unsatisfactory
to
City
and
consume
time
and
effort
of
City
employees
needlessly
on
unsatisfactory
development
plans
unless
City
assists
in
directing
Proponent.
Based
upon
the
above~
mentioned
facts,
City
will
grant
Proponent
a
hearing
prior
to
filing
any
application
for
development
upon
the
following
understanding:
a.
City
will
render
no
decision
with
regards
to
any
development
proposal
or
part
thereof
.
b.
City
will
receive
no
evidence,
specific
in
nature
1 in
support
of
a
particular
development
plan.
c.
City
will
make
no
representations
that
will
obligate
the
City
to
render
a
decision
in
favor
of
or
against
any
development
proposal
or
part
thereof
Proponent
may
subsequently
submit.
d.
If
any
development
proposal
is
subsequently
submitted
, Proponent
will
proceed
at
its
sole
and
ex.elusive
risk
with
the understanding
that
City
has
made
no
representations
upon
which
Proponent
may
rely.
Dated:
Proponent:
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18 ATTACHMENT
H
February 15, 2022, Item #15
AGREEMENT OF UNDERSTANDING
City Council for the City of Poway, hereinafter referred to as "City" and __ N_ig_h_t_h_aw_k_E_n_e_r_g_y_S_t_o_ra_g_e_,_L_L_C __ , he rei natter referred to as "Proponent" enter into this Agreement of Understanding based upon the following facts:
Proponent owns or has an equitable interest in land described by tax Assessor's 320-031-03 Parcel Number(s) ___________ . Proponent desires to develop this property in accordance with the will of the City and without the expense of a protracted development.
City is concerned that Proponent will create development plans unsatisfactory to City and consume time and effort of City employees needlessly on unsatisfactory development plans unless City assists in directing Proponent. Based upon the above mentioned facts, City will grant Proponent a hearing prior to filing any application for development upon the following understanding:
a. City will render no decision with regards to any development proposal or part thereof.
b. City will receive no evidence, specific in nature, in support of a particular development plan.
c. City will make no representations that will obligate the City to render a decision in favor of or against any development proposal or part thereof Proponent may subsequently submit.
d. If any development proposal is subsequently submitted, Proponent will proceed at its sole and exclusive risk with the understanding that City has made no representations upon which Proponent may rely.
Dated: 12/6/21 Proponent:
Signature
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February 15, 2022, Item #15
001 _Ag reement_of_U nderstand i ng
Final Audit Report 2021-12-13
Created: 2021-12-13
By: Jacob Montgomery [email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAa7n8qderBt-vXLuY6WbFaw9b0X4d1 QKz "001 _Agreement_of_U nderstanding" History
t:l Document created by Jacob Montgomery [email protected]) 2021-12-13-6:34:28 PM GMT-IP address: 184.177.8.190
C: Document emailed to Aron Branam ([email protected]) for signature 2021-12-13 -6:34:54 PM GMT
Email viewed by Aron Branam ([email protected])
2021-12-13-9:07:21 PM GMT-IP address: 97.124.58.66
0'"0 Document e-signed by Aron Branam ([email protected]) Signature Date: 2021-12-13-9:07:33 PM GMT-Time Source: server-IP address: 97.124.58.66 ~ Agreement completed.
2021-12-13 - 9:07:33 PM GMT
Adobe Sign
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