AGENDA Poway City Council
Council Chamber I 13325 Civic Center Drive I Poway, CA I 92064 February 6, 2024 I 7 p.m.
Thank you for participating in your local government and the City of Poway Council meetings.
Meetings I Regular City Council meetings are held on the first and third Tuesday of the month at 7:00 p.m. in the Council Chambers located at 13325 Civic Center Drive, Poway, CA 92064. The Council Chamber will be open to the public.
Public Meeting Access I Members of the public may attend the City Council meeting in person, or watch the City Council meeting live online. Regular City Council meetings are broadcast live on Cox Communication Channel 24 and Spectrum Channel 19. Council meeting videos are archived and available for viewing on the City's website.
Speakers I Persons wishing to address the Council on matters not on the agenda may do so under Public Comment. Those wishing to speak on items on the agenda may do so when the item is being considered. Please submit a Speaker's Slip to the City Clerk prior to the meeting or the announcement of the item. All comments will be limited to three (3) minutes. Per the Poway Municipal Code, the speaking time may be reduced.
To Watch Live:
www.poway.org/councilmeetings
Agenda Materials I This agenda contains a brief summary of each item the Council will consider.
The Agenda and Agenda Packet is posted seven (7) days prior to regular City Council meetings and are available for viewing on the City's website at www.poway.org. Sign up at https ://poway .org/list.asp x to receive email notifications when City Council agendas are published on line. Items listed on the agenda with a"#" symbol are in preparation.
PLEASE NOTE: Written comments received via email before 3:00 p.m. the day prior to the meeting will be distributed as formal additional material as well as be made available online prior to the City Council meeting. Written comments received after this deadline will be forwarded to the Council, but not available online until after the City Council meeting.
American Disabilities Act Title II I In compliance with the Americans with Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Title II. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk's office 858-668-4530 at least 24 hours prior to the meeting.
Steve Vaus
Mayor
Caylin Frank
Deputy Mayor
Peter De Hoff
Council member
Anita Edmondson
Councilmember
Brian Pepin
Council member
Reminder I As a courtesy to all attendees, please silence all electronic devices and engage in conversations outside the Council Chambers.
The City Council also sits as the City of Poway Planning Commission, Poway Housing Authority, Public Financing Authority and Successor Agency to the Poway Redevelopment Agency CALL TO ORDER:
ROLL CALL:
PLEDGE OF ALLEGIANCE:
MOMENT OF SILENCE:
PRESENTATION: None
PUBLIC COMMENT: In accordance with State law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take action on any issue not included on the agenda. You may speak up to three (3) minutes.
Per the Poway Municipal Code, the speaking time may be reduced . Speakers have one opportunity to address the Council under Public Comment.
CONSENT CALENDAR: The Consent Calendar may be enacted in one motion by the Council with a Roll Call Vote without discussion unless a Councilmember, a member of the public, or City Manager requests that an item be removed for discussion.
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the December 5, 2023 Regular City Council Meeting Minutes
3. Acceptance of the FY 2023-24 Street Maintenance Project with American Asphalt South, Inc., as Complete
4. Second Amendment to the Exclusive Negotiating Rights Agreement with Wakeland Housing & Development Corporation for the Monte Vista Affordable Housing Development Project; Assessor Parcel Number (APN) 275-460-61-00
5. Acceptance of the Starridge Park and Community Park Pathways Extension Project with Tri-Group Construction and Development, Inc., as Complete
6. Second Reading and Adoption of Ordinance No. 864 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Chapters 17.08 and 17.56 of the Poway Municipal Code to (1) Eliminate the Multifamily Swimming Pool Requirement, and (2) Limit Wireless Communication Facility Batch Applications to the Statutory Minimum"
ORDINANCES FOR INTRODUCTION: None
2 of 4 Regular City Council Meeting February 6, 2024
PUBLIC HEARINGS:
7. Tentative Tract Map (TTM) 23-0001; a request for approval of the second one-year time extension for a previously approved subdivision (TTM18-005)
City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing, and adopt the Resolution approving a second one-year time extension of the approval for TTM 18-005.
8. Specific Plan Amendment (SPA) 24-0001, a request to amend the South Poway Specific Plan to add "Battery Storage Facilities" and "Battery Energy Storage Systems" as conditionally permitted uses in the Light Industrial (LI) land use designation
City Manager's Recommendation: It is recommended the City Council adopt the attached Resolution to amend the Specific Plan to add "Battery Storage Facility'' as a specifically defined use that will be conditionally permitted in the Specific Plan's LI land use designation. If approved, new applications for battery storage uses in the Specific Plan area would require the discretionary approval of a conditional use permit (CUP) by the City Council.
STAFF REPORTS: None
WORKSHOPS: None
COUNCIL-INITIATED ITEMS:
9. Minor Development Review Application for Residential Projects Mayor's Recommendation: The Mayor requests concurrence to direct staff to bring forward recommendations for eliminating the MDRA process for residential projects including a single home, additions, remodels and detached accessory structures, and unlighted recreational courts with the exception of projects with habitat as identified in the City's Habitat Conservation Plan (HCP).
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d)) CITY MANAGER ITEMS:
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) CLOSED SESSION:
10. Conference with Labor Negotiators - (Government Code§ 54957.6) Designated City Representatives: Chris Hazeltine, Wendy Kaserman, and Jodene Dunphy Employee Organization: Teamsters Local 911
AD!OURNMENT:
3 of 4 Regular City Council Meeting February 6, 2024
State of California
County of San Diego
)
) 55.
)
AFFIDAVIT OF POSTING
I, Carrie Gallagher, CMC, City Clerk of the City of Poway, hereby declare under penalty of perjury that this notice of a Regular Meeting as called by the City Council of the City of Poway was posted and provided on January 30, 2024.
Said meeting to be held at 7:00 p.m., February 6, 2024, in the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California . Said notice was posted on the Bulletin Board at the entrance to City Hall. 4 of 4 Regular City Council Meeting February 6, 2024
February 6, 2024, Item #2
AG EN DA REPORT City of Poway
DATE:
TO:
FROM:
February 6, 2024
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk \.AA--
(858) 668-4535 or [email protected]
CITY COUNCIL
SUBJECT: Approval of the December 5, 2023 Regular City Council Meeting Minutes Summary
The City Council Meeting Minutes submitted hereto for approval are:
• December 5, 2023 Regular City Council Meeting Minutes The Poway City Council sits as the Poway Planning Commission, the Poway Housing Authority, the Public Financing Authority, and the Successor Agency to the Poway Redevelopment Agency.
Recommended Action:
It is recommended the City Council approve the December 5, 2023 Regular City Council Meeting Minutes.
Public Notification:
None.
Attachments:
A. December 5, 2023 Regular City Council Meeting Minutes Reviewed/Approved By:
:I.th.~
Assistant City Manager
1 of 9
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
~ -p --=----~-
Chris Hazeltine
City Manager
February 6, 2024, Item #2
ATTACHMENT A
CITY
OF
POWAY
CITY
COUNCIL
REGULAR
MEETING
MINUTES
December
5,
2023
City
Council
Chambers
13325
Civic
Center
Drive,
Poway,
California
(Per
Government
Code
54953)
(Meeting
Called
to
Order
as
City
Council/City
of
Poway
Planning
Commission/Poway
Housing
Authority/Public
Financing
Authority
and
Successor
Agency
to
the
Poway
Redevelopment
Agency)
CALL
TO
ORDER:
Mayor
Vaus
called
the
Regular
Meeting
to
order
at
7:00
p.m.
ROLL
CALL:
Present:
Brian
Pepin,
Anita
Edmondson,
Caylin
Frank,
Steve
Vaus
Absent:
Peter
De
Hoff
STAFF
MEMBERS
PRESENT:
City
Manager
Chris
Hazeltine;
Assistant
City
Manager
Wendy
Kaserman;
City
Attorney
Alan
Fenstermacher;
City
Clerk
Carrie
Gallagher;
Director
of
Development
Services
Bob
Manis;
Director
of
Finance
Judy
Tran;
Director
of
Human
Resources
and
Risk
Management
Jodene
Dunphy;
Director
of
Public
Works
Eric
Heidemann;
Director
of
Community
Services
Audrey
Denham;
Fire
Chief
Jeff
Chumbley;
Captain
Nancy
Blanco,
Sheriff's
Department.
(Note:
Hereinafter
the
titles
Mayor,
Deputy
Mayor,
Councilmember,
City
Manager,
Assistant
City
Manager,
City
Attorney,
City
Clerk
and
Director
of
Finance
shall
be
used
to
indicate
Mayor/Chair,
Deputy
MayorNice
Chair,
Councilmember/Director,
City
Manager/Executive
Director,
Assistant
City
Manager/Assistant
Executive
Director,
City
Attorney/Counsel,
City
Clerk/Secretary
and
Director
of
Finance/Finance
Officer.)
PLEDGE
OF
ALLEGIANCE:
Deputy
Mayor
Frank
led
the
Pledge
of
Allegiance.
MOMENT
OF
SILENCE:
Mayor
Vaus
recognized
the
passing
of
long
time
Powegian
and
local
philanthropist
Sue
Herndon.
Mayor
Vaus
then
led
a
moment
of
silence
in
honor
of
the
late
Ms.
Herndon
.
PRESENTATIONS: Poway
Chamber
of
Commerce
2 of
9 February 6, 2024, Item #2
City
of
Poway-
Minutes
-
December
5,
2023
PUBLIC
COMMENT:
Nick
Carruthers,
representing
Poway
Voices,
raised
concerns
over
the
Poway
Housing
Element
compliance
status.
At
the
request
of
Mayor
Vaus,
City
Attorney
Fenstermacher
provided
a
brief
status
report
on
the
Housing
Element.
He
stated
a
compliant
Housing
Element
was
adopted
by
the
City
Council
in
2021.
Staff
has
been
in
regular
communication
with
the
Department
of
Housing
and
Community
Development
(HCD)
to
work
toward
obtaining
HCD
approval
of
the
document.
The
City
has
made
revisions
at
HCD's
request
and
recently
sent
HCD
an
updated
draft
for
their
review.
Staff
plans
to
release
the
updated
draft
for
additional
public
review
in
the
near
future,
following
that
review
period,
the
document
will
be
forwarded
to
HCD
for
consideration
and
staff
will
return
to
City
Council
for
approval
of
the
final
revised
document.
Mr.
Fenstermacher
affirmed
the
City
takes
adoption
of
the
Housing
Element
seriously,
which
is
why
staff
has
been
engaging
with
HCD
to
work toward
adoption
of
the
revised,
final
document
as
soon
as
possible.
Pete
Neild
thanked
the
City
of
Poway
for
supporting resident
concerns
over
traffic
and
safety
on
Candy
Cane
Lane
.
Eric
Weller,
representing
Poway
Voices,
raised
concerns
over
developers
bypassing
the
General
Plan
using
"Builder's
Remedy"
laws
and
encouraged
residents
to
submit
comments
on
the
draft
Housing
Element.
Richard
Schulman,
representing
the
Plantier
family,
shared
his
interpretation
of
SB9.
Ray
Jalisi
spoke
regarding
residential
noise
concerns
related
to
The
Farm
development.
Marco
Malowney
requested
Council
consider
installing
a
Pump
Track
at
a
vacant
lot
along
Twin
Peaks
Road.
Yuri
Bohlen
spoke
in
opposition
to
state-mandated
housing
element
requirements.
Tom
Farley
and
grandson
Austin
wished
Council,
staff,
and
the
public
a
Merry
Christmas
and
Happy
Holidays
.
CONSENT
CALENDAR:
Motioned
by
Mayor
Vaus,
seconded
by
Councilmember
Pepin
to
approve
Consent
Calendar
Items
1 through
12. Motion
carried
41011
by
the
following
roll-call
vote:
Ayes: Noes: Abstained: Absent: Disqualified:
Edmondson,
Pepin,
Frank,
Vaus
None None De
Hoff
None
1. Approval
of
Reading
by
Title
Only
and
Waiver
of
Reading
in
Full
of
Ordinances
on
this
Agenda
2. Approval
of
the
September
19,
2023
Regular
City
Council
Meeting
Minutes
3. Approval
of
Local
Appointments
List
of
City
Council
Appointed
Committees
for
2024
3 of
9 February 6, 2024, Item #2
City
of
Poway-
Minutes
-
December
5,
2023
4. Approval
of
an
Agreement
with
Graybar
Electric
Company,
Inc
to
Purchase
Uninterruptible
Power
Supply
(UPS)
Replacement
Hardware
and
Appropriation
of
Funds
5. Acceptance
of
the
Fire
Station
1 Stairway
Replacement
Project
with
GQ
Builders,
Inc.,
as
Complete
6. City's
Investment
Report
as
of
September
30 , 2023
7. Submission
of
Right-of-Way
Certification
Form
for
Federal-Aid
Projects
-
Highway
Safety
Improvement
Program
Cycle
10 Project
8. Acceptance
of
the
FY
2022-2023
Street
Overlay
Project
with
Hazard
Construction
ENGR,
LLC,
as
Complete
9. Approval
of
a
Purchase
and
Sale
Agreement
Between
the
City
of
Poway
and
Pinnacle
Reality
of
California,
LLC
(Toyota
of
Poway)
for
the
sale
of
13655
Poway
Road,
Assessor
Parcel
Numbers
317-190-2100
and
317-190-4500
10. Resolution
No
. 23-059
Authorizing
the
Submittal
of
Grant
Applications
to
the
Department
of
Resources
Recycling
and
Recovery
(CalRecycle)
for
All
Grant
Programs
for
which
the
City
of
Poway
is
Eligible
and
Authorizing
the
City
Manager
to
Execute
Documents
Related
to
the
Administration
of
CalRecycle
Grants
11. Approval
of
Consultant
Agreements
with
Linscott,
Law
&
Greenspan,
Engineers
and
Kimley
Horn
&
Associates,
Inc.,
for
As-Needed
Traffic
Engineering
Services,
RFP
No.
24-006
Jana
Johnson
submitted
a
written
comment
card
in
opposition
to
Item
11. 12.
Authorization
to
Purchase
One
(1)
Medium-Duty
Utility
Truck
through
the
GM
Government
Bid
Assistance
Program
ORDINANCES
FOR
INTRODUCTION:
None. PUBLIC
HEARINGS:
None
.
STAFF
REPORTS:
13 . Approving
a
CALPERS
180-day
Waiting
Period
Exception
to
Hire
a
Retired
Annuitant
Director
of
Human
Resources
and
Risk
Management
Jodene
Dunphy
presented
the
item.
Ms.
Dunphy
explained
the
City
has
a
current
vacancy
in
the
position
of
Water
Treatment
Plant
Manager
and
therefore
a
critical
need
exists
to
temporarily
fill
the
position.
The
candidate,
Mr.
Larry
Lyford,
has
approximately
46 years
in
the
water
industry,
including
26 years
at
the
Helix
Water
District
where
he
will
be
retiring
as
the
Water
Treatment
Plant
Manager
on
December
15,
2023.
She
noted
he
has
the
required
certification
and
specialized
knowledge,
skills
and
abilities
needed
to
serve
as
temporary
Water
Treatment
Plant
Manager
while
the
City
recruits
4 of
9 February 6, 2024, Item #2
City of Poway-Minutes -December 5, 2023
for the position. Mr. Lyford has agreed to work in this capacity for the City of Poway up to the 960-hour maximum established by CalPERS for retired annuitants per Fiscal Year.
Public Comment:
None.
End of Public Comment.
Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to adopt Resolution No. 23-061 entitled "A Resolution of the City Council of the City of Poway, California, for a 180-Day Waiting Period Exception to Hire a Retired Annuitant Pursuant to Govbernment Codes Sections 7522.56 and 21221(h)." Motion carried 4/0/1 (De Hoff - Absent).
14. Request for Approval for the Submission of Applications for the Resyndication of Low-Income Housing Tax Credits and Tax-Exempt Bonds for Haley Ranch Estates, Hillside Village, and Parkview Terrace Affordable Housing Communities
Senior Management Analyst Marie Sanders presented the item. She noted the applicant, Community HousingWorks (CHW) is reapplying for a new reservations of low-income housing tax credits. She explained the tax credits are equal to funding that can be used for the rehabilitation of affordable communities, ensuring long term reliability and efficiency of infrastructure, updated amenities, and affordability for lower income households.
Ms. Sanders stated, CHW is the owner of improvements and the lessee of land through the Poway Housing Authority (Housing Authority) for three affordable rental communities in Poway, including Haley Ranch Estates, Hillside Village and Parkview Terrace. Ms. Sanders provided the location of each property and examples of proposed improvements.
Ms. Sanders discussed the resyndication process, including seeking new investors to create a limited partnership with the execution of new agreements and loans. In addition, existing agreements, loans and leases with the Housing Authority would be amended to extend the terms of each for a renewed 55-year term. If approved, CHW will submit their application packets to both the California Tax Credit Allocation Committee and the California Debt Limit Allocation Committee no later than December 15, 2023.
Ms. Sanders noted recommended actions 4 -8, as detailed in the staff report, will only be executed if CHW is successful in being awarded these credits. If successful in the first round of application submissions, finance closing could begin as early as the fall or winter of 2024.
Public Comment:
Maria Hernandez, Member of the Board of Directors for Community HousingWorks, spoke in support of Item 14.
End of Public Comment.
Council discussion ensued. Council recognized the need for affordable housing within the community and the rehabilitation and repair of the existing housing units. Council responded 5 of9
February 6, 2024, Item #2
City
of
Poway
-
Minutes
-
December
5,
2023
positively
to
the
long-term
outlook
of
the
renewed
deed
restriction
and
affordable
housing
improvements
.
Motioned
by
Authority
Board
Member
Frank,
seconded
by
Chairman
Vaus
to
1)
adopt
a
Resolution
No.
H-23-01
authorizing
Community
HousingWorks
to
submit
applications
to
apply
for
a
new
reservation
of
low-income
housing
tax
credits
paired
with
a
new
allocation
of
tax-exempt
bonds
to
the
California
Tax
Credit
Allocation
Committee
and
California
Debt
Limit
Allocation
Committee
for
the
affordable
communities
of
Haley
Ranch
Estates,
Hillside
Village,
and
Parkview
Terrace;
2)
authorize
the
Executive
Director
to
execute
all
necessary
documents
relating
to
the
application
and
implementation
of
low-income
housing
tax
credit
resyndication
for
the
affordable
communities
of
Haley
Ranch
Estates,
Hillside
Village,
and
Parkview
Terrace;
3)
authorize
the
Executive
Director
to
execute
all
necessary
documents
relating
to
the
support
of
Community
HousingWorks'
applications
for
tax-exempt
bonds
and
low
income
housing
tax
credits
for
the
communities
of
Haley
Ranch
Estates,
Hillside
Village,
and
Parkview
Terrace,
including,
providing
any
needed
commitment
letters
consistent
with
these
applications,
review
and
approval
of
temporary
relocation
plans
for
community
residents,
and
California
Tax
Credit
Allocation
Committee
local
reviewing
agency
packages;
4)
authorize
(i)
the
transfer
and
assignment
of
the
existing
Ground
Lease
and
Regulatory
Agreement
dated
September
26,
2000
by
and
between
the
Poway
Housing
Authority,
as
housing
successor
to
the
former
Poway
Redevelopment
Agency,
and
Haley
Ranch
Estates
Housing
Associates,
LP.,
to
a
new
low-income
housing
tax
credit
partnership
controlled
by
Community
HousingWorks,
yet
to
be
formed,
(ii)
an
amendment
to
the
Ground
Lease
to
extend
the
initial
term
thereof
for
a
new
55-year
term,
and
(iii)
an
amendment
to
the
Regulatory
Agreement
to
reaffirm
the
term
thereof
as
in
perpetuity;
5)
authorize
(i)
the
transfer
and
assignment
of
the
existing
Ground
Lease
for
Hillside
Village,
dated
June
8,
2001,
by
and
between
the
Poway
Housing
Authority,
as
housing
successor
to
the
former
Poway
Redevelopment
Agency,
and
Community
Housing
of
North
County,
to
a
new
low
income
housing
tax
credit
partnership
controlled
by
Community
HousingWorks,
yet
to
be
formed, and
(ii)
an
amendment
to
the
Ground
Lease
to
extend
the
initial
term
thereof
Ground
Lease
for
a
new
55-year
term;
6)
authorize
(i)
the
transfer
and
assignment
of
the existing
Regulatory
Agreement
for
Hillside
Village,
dated
February
5,
2002,
by
and
between
the
Poway
Housing
Authority,
as
housing
successor
to
the
former
Poway
Redevelopment
Agency,
Breihan
Housing
Associates,
LP.,
and
Community
Housing
of
North
County,
to
a
new
low-income
housing
tax
credit
partnership
controlled
by
Community
HousingWorks,
yet
to
be
formed,
and
(ii)
an
amendment
to
the
Regulatory
Agreement
to
reaffirm
the
term
thereof
as
in
perpetuity;
7)
authorize
(i)
the
transfer
and
assignment
of
the
existing
Loan
Agreement
for
Hillside
Village
dated
February
5,
2002,
by
and
between
the
Poway
Housing
Authority,
as
housing
successor
to
the
former
Poway
Redevelopment
Agency,
and
Breihan
Housing
Associates,
LP.,
and
the
existing
Promissory
Note
and
Deed
of
Trust
executed
by
Breihan
Housing
Associates,
LP.
to
a
new
Low-Income
housing
tax
credit
partnership,
yet
to
be
formed,
and,
(ii)
an
amendment
to
the
Loan
Agreement
and
amendment
to
the
Promissory
Note
to
restate
the
loan
amount
thereunder
to
include
the
full
principal
amount
of
the
Loan
and
all
accrued
interest
through
the
date
of
finance
closing,
modify
the
interest
rate
on
the
Loan
to
the
Applicable
Federal
Rate
compounding
in
effect
as
of
the
date
of
finance
closing,
and
extend
the
term
of
the
Loan
for
a
new
55-year
term;
and
8)
authorize
(i)
the
transfer
and
assignment
of
the
Ground
Lease
and
Regulatory
Agreement
for
Parkview
Terrace,
dated
August
29,
1997
by
and
among
the
Poway
Housing
Authority,
as
housing
successor
to
the
former
Poway
Redevelopment
Agency,
Community
Housing
6 of
9 February 6, 2024, Item #2
City of Poway -Minutes -December 5, 2023
of North County, and Bowron Road Group, LP., to a new low-income housing tax credit partnership controlled by Community HousingWorks, yet to be formed, (ii) an amendment to the Ground Lease to extend the initial term thereof for a new 55-year term, and (iii) an amendment to the Regulatory Agreement to reaffirm the term thereof as in perpetuity. Motion carried 41011 (De Hoff -Absent).
15. Proposed Fiscal Year 2023-24 Capital Improvement Program Director of Finance Judy Tran and Principal Civil Engineer Alex Ubaldo presented the item along with a PowerPoint. Ms. Tran discussed how the Capital Improvement Plan (CIP) is critical to maintaining and improving the quality of Poway's public infrastructure, parks and services. CIP projects will focus on improving critical public infrastructures such as parks, streets, sidewalks, drainage, and sewers, renovating facilities and making necessary repairs and providing better communication with fiber optics installation throughout the City. The projects for consideration will be initiated before the end of the Fiscal Year and have been planned for well in advance so they are fully funded.
Principal City Engineer Alex Ubaldo provided an overview of eight projects completed and accepted by the City Council over the past year. He discussed the FY 2023-24 CIP Program which includes 31 active and 29 new projects for a total of 60 projects with the total appropriation of $80.64 million. Mr. Ubaldo provided a detailed overview of the FY 2023-24 CIP, highlighting active and proposed projects, including proposed funding by category. He concluded the total FY 2023-24 CIP program includes $11.09 million in proposed funding.
Public Comment:
None.
End of Public Comment.
Council responded positively to the proposed Fiscal Year 2023-24 CIP. Mayor Vaus recognized Jeff Beers, Special Projects Engineer, who will be retiring at the end of 2023. Mr.
Vaus noted his involvement in 216 CIP projects, highlighting some of Mr. Beers' most memorable and significant projects and thanked him for his contributions to the City of Poway.
Motioned by Mayor Vaus, seconded by Councilmember Edmondson to adopt Resolution No. 23-062 entitled "A Resolution of the City Council of the City of Poway, California, Approving and Adopting the Annual Capital Improvement Program for the Fiscal Year 2023-24 and Appropriating Funds." Motion carried 41011 (De Hoff-Absent).
WORKSHOPS:
None.
COUNCIL-INITIATED ITEMS:
16. Appointment of Deputy Mayor for 2024
Mayor Vaus presented the item. He announced his selection to appoint Deputy Mayor Frank to remain serving as Deputy Mayor for 2024.
7 of 9
February 6, 2024, Item #2
City
of
Poway
-
Minutes
-
December
5,
2023
Public
Comment:
None. End
of
Public
Comment
.
Motioned
by
Mayor
Vaus,
seconded
by
Councilmember
Pepin
to
appoint
Deputy
Mayor
Frank
to
serve
as
Deputy
Mayor
for
the
one-year
term
commencing
December
5,
2023.
Motion
carried
4/0/1
(De
Hoff
-
Absent).
17 . Appointment
to
Regional
Agencies
' Boards
, Commissions
and
Committees
for
2024
Mayor
Vaus
presented
the
item
. He
announced
the
selection
of
the
following
appointments
to
the
Regional
Agenc
ies'
Board,
Commissions
and
Committees
for
calendar
year
2024
:
1. San
Diego
Divis
ion
League
of
California
Cities
a.
Primary
: Brian
Pepin
b.
Alternate
: Caylin
Frank
2. Metropolitan
Transit
System
(MTS)
Board
of
Directors
a.
Primary
: Caylin
Frank
b.
Alternate
: Brian
Pepin
3. San
Diego
Association
of
Governments
Board
of
Directors
a.
Primary
: Steve
Vaus
b.
1st
Alternate
: Caylin
Frank
c.
2nd
Alternate
: Brian
Pepin
4. Metro
Wastewater
Commission/Joint
Powers
Authority
(JPA)
a.
Primary
: Peter
De
Hoff
b.
Alternate:
Director
of
Public
Works
5. San
Dieguito
Riverpark
Joint
Powers
Authority
(JPA)
a.
Primary
: Brian
Pepin
b.
Alternate:
Anita
Edmondson
6. City
of
Poway/PUSD
Joint
Use
Subcommittee
for
lnterjurisdictional
Cooperation
a.
Primary
: Caylin
Frank
b.
Alternate
: Steve
Vaus
7. Regional
Solid
Waste
Association
(RSWA)
a.
Primary
: Peter
De
Hoff
b.
Alternate
: Brian
Pepin
8. Goodan
Ranch
Policy
Committee
a.
Primary
: Anita
Edmondson
b.
Alternate
: Director
of
Community
Services
9. San
Diego
County
Water
Authority
a.
Primary
: Eric
Heidemann
8 of
9 February 6, 2024, Item #2
City of Poway -Minutes -December 5, 2023
Public Comment:
None.
End of Public Comment.
Motioned by Mayor Vaus with a concurrence from Council to approve and make the aforementioned appointments of Primary and Alternate Members to the various Regional Agencies' Boards, Commissions and Committees for calendar year 2024.
Motion carried 4/0/1 (De Hoff -Absent).
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d))
Councilmember Pepin thanked City Manager Chris Hazeltine and staff for repairing a broken fireplace at the Poway Library.
Councilmember Edmondson invited residents to attend Christmas in the Park at Old Poway Park on December 9.
Deputy Mayor Frank invited residents to attend the Lake Poway Playground Grand Opening Celebration on Thursday, December 21.
Mayor Vaus shared his enthusiasm for the Lake Poway Playground Grand Opening, he announced Deputy Mayor Frank will be attending the next San Diego Association of Governors (SANDAG) meeting as his alternate.
CITY MANAGER ITEMS:
None.
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) None.
CLOSED SESSION:
None.
ADJOURNMENT:
The meeting was adjourned at 8:05 p.m.
9 of 9
Carrie Gallagher, CMC
City Clerk
City of Poway, California
February 6, 2024, Item #3
AG EN DA REPORT City of Poway
DATE:
TO:
FROM:
CONTACT:
February 6; 2024
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services
Andrea Thomas, Associate Civil Engineer¢<
(858) 668-4605 or [email protected]
CITY COUNCIL
SUBJECT: Acceptance of the FY 2023-24 Street Maintenance Project with American Asphalt South, Inc., as Complete
Summary:
On June 13, 2023, the City Council extended the FY 2022-23 Street Maintenance project contract with American Asphalt South, Inc., for the FY 2023-24 Street Maintenance project, Bid No. 22-013, in the amount of $1,234,882.72. This action will accept the project as complete.
Recommended Action:
It is recommended the City Council:
1) Accept the FY 2023-24 Street Maintenance project as complete; 2) Authorize the City Clerk to file and record the Notice of Completion; 3) Authorize the release of the retention in the amount of $62,301.33 if unencumbered, 45 days after City Council acceptance;
4) Release the Everest Reinsurance Company Bond for Material and Labor in the amount of $1,234,882.72 after the release of retention; and
5) Retain the Everest Reinsurance Bonding Company Bond for Faithful Performance for a period of one (1) year.
Discussion:
The scope of the FY 2023-24 project included street maintenance treatments on public streets within Street Maintenance Zone 6. The streets are located south of Es po la Road, north of Twin Peaks Road, east of Pomerado Road and west of Summer Sage Road. The project also included the Adobe Ridge neighborhood just south of Camino del Norte. This work was coordinated with the 2022-23 Street Overlay Project and the 2023-24 Citywide Striping Project.
This action accepts the FY 2023-24 Street Maintenance project as complete. There was one change order in the amount of $11,143.94. This amount represents the net difference in the material quantities estimated at time of bid compared to the actual quantities of materials used in the delivery of this project. The final contract amount is $1,246,026.66. 1 of2
Environmental Review:
The action of acceptance of public improvements that have been completed, which was the subject of a prior environmental determination, is not considered a Project pursuant to Section 15378(b)(5) of the CEQA Guidelines and therefore not subject to the California Environmental Quality Act.
Fiscal Impact:
Sufficient funds are available in the project account (ST026) for the release of retention.
Public Notification:
None.
Attachments:
None.
Reviewed/Approved By:
Assistant City Manager
2 of 2
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Chris Hazeltine
City Manager
February 6, 2024, Item #3
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
CITY COUNCIL
February 6, 2024
Honorable Chairman and Members of the Housing Authority Board Robert Manis, Development Services Directo1f
Marie Sanders, Senior Management Analyst
(858) 668-4637 or [email protected]
Second Amendment to the Exclusive Negotiating Rights Agreement with Wakeland Housing & Development Corporation for the Monte Vista Affordable Housing Development Project; Assessor Parcel Number (APN) 275-460-61-00 On August 16, 2022, the Poway Housing Authority (Authority) approved an Exclusive Negotiating Rights Agreement (ENRA) with Wakeland Housing and Development Corporation (Wakeland) to finalize the feasibility of constructing an affordable housing project for veterans and developmentally disabled adults on a Housing Authority owned site located at 12674 Monte Vista Road, APN 275-460- 61-00, and negotiate the terms of an Affordable Housing Agreement (AHA) and related documents.
To allow for continued negotiations and required approvals and entitlements review, a Second Amendment allowing for the addition of two 60-day term extensions to the ENRA, is needed.
Recommended Action:
It is recommended the Poway Housing Authority:
1) Approve the Second Amendment to the ENRA with Wakeland Housing and Development Corporation (Attachment A); and
2) Authorize the Executive Director to execute the Second Amendment and all necessary documents.
Discussion:
On August 16, 2022, the Authority approved an ENRA with Wakeland to allow for exclusive negotiations regarding the potential development of a 60-unit multi-family community targeting military veterans, their families, and developmentally disabled adults located at 12674 Monte Vista Road.
Through a series of term extensions provided for in the 1st Amendment to the ENRA, approved by the Authority on August 1, 2023, the current negotiating period is set to expire on February 8, 2024.
Wakeland and staff continue to diligently negotiate the terms of an AHA and related documents, as well as city required approvals and entitlements review. Because these efforts are ongoing, a second amendment to the ENRA allowing for up to two additional 60-day term extensions are necessary. Staff 1 of 7
February 6, 2024, Item #4
is confident all negotiated terms and approvals can be successfully finalized and brought to the Authority Board and the City Council for consideration within the prescribed timeline of the Second Amendment.
Environmental Review:
This item is not subject to California Environmental Quality Act review.
Fiscal Impact:
No fiscal impact is associated with approval of this amendment.
Public Notification:
A copy of this report was provided to Wakeland Housing and Development Corporation.
Attachments:
A. Second Amendment to Exclusive Negotiating Rights Agreement (Monte Vista Affordable Housing Development)
Reviewed/Approved By:
we�'j,.;;:::-�
Assistant City Manager
2 of 7
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Chris Hazeltine
City Manager
February 6, 2024, Item #4
SECOND AMENDMENT TO
EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT
BY AND BETWEEN
THE POWAY HOUSING AUTHORITY AND WAKELAND HOUSING AND
DEVELOPMENT CORPORATION
MONTE VISTA HOUSING DEVELOPMENT
12674 Monte Vista Road, Poway CA 92064
This Second Amendment to Exclusive Negotiating Rights Agreement ("Second Amendment") is entered into as of this 6th day of February, 2024 ("Second Amendment Effective Date"), by and between the POWAY HOUSING AUTHORITY, a public body, corporate and politic ("Authority"), and WAKELAND HOUSING AND DEVELOPMENT CORPORATION, a California nonprofit corporation ("Developer"), each a "Party" and collectively the "Parties", on the basis of the following facts:
RECITALS
A. The Authority and Developer have entered into that certain Exclusive Negotiating Rights Agreement dated August 17, 2022, as amended by that certain First Amendment to Exclusive Negotiating Rights Agreement dated August 2, 2023 (collectively, the "ENRA").
Unless otherwise defined in this Second Amendment, capitalized terms shall have the meanings ascribed to them in the ENRA.
B. Pursuant to Section l.2(A.) of ARTICLE 1. of the ENRA, the initial Term (or Negotiating Period) of the ENRA was a period of two-hundred seventy (270) calendar days commencing on the Effective Date of the Exclusive Negotiating Rights Agreement, August 17, 2022, and expiring May 14, 2023 ("Initial Term"). Section l.2(A.) of the ENRA states that the Negotiating Period may be extended, in each case, by mutual written agreement of the Parties, for up to six (6) additional forty-five (45) calendar day periods, and on the Authority's behalf by the Executive Director of the Authority if, in the Executive Director's sole discretion and determination, sufficient progress toward a mutually acceptable AHA, Ground Lease and related documents has been made during the initial two-hundred seventy (270) day negotiating period and during the then current Negotiating Period to merit such an extension.
C. Pursuant to Section l.2(A.) of the ENRA, the Parties extended six times the Term ( or the Negotiating Period) of the ENRA as follows: (1) by letter agreement dated March 20, 2023, extending the Term of the ENRA for the period commencing May 15, 2023 and expiring June 29, 2023 ("First Extension Term"); (2) by letter agreement dated June 2, 2023, extending the Term of the ENRA for the period commencing June 30, 2023 and expiring August 13, 2023 ("Second Extension Term"); (3) by letter agreement dated September 5, 2023, extending the Term of the ENRA for the period commencing August 13, 2023 and expiring September 26, 2023 ("Third Extension Term"); (4) by letter agreement dated September 5, 2023, extending the Term of the ENRA for the period commencing September 27, 2023 and expiring November 10, 2023 ("Fourth Extension Term"); (5) by letter agreement dated November 1, 2023, extending the Term of the ENRA for the period commencing November 11, 2023 and expiring December 25, 2023 ("Fifth 3 of7
Second Amendment to ENRA v I
ATTACHMENT A
February 6, 2024, Item #4
Extension Term"); and (6) by letter agreement dated December 20, 2023, extending the Term of the ENRA for the period commencing December 26, 2023 and expiring February 8, 2024 ("Sixth Extension Term").
D. In light of the impending expiration of the Sixth Extension Term of the ENRA and in light of the continued work on behalf of both Parties toward plans and entitlements, an acceptable affordable housing agreement for the potential Project, and an acceptable ground lease of the Site, the Parties now mutually desire to amend the ENRA by this Second Amendment to allow for up to two (2) additional potential extensions of the Term ( or Negotiating Period) of the ENRA for a period of sixty (60) calendar days for each extension, pursuant to the terms of Section l.2(A.) of ARTICLE 1. of the ENRA as amended by this Second Amendment.
E. Additionally, Section l.l(B.) of ARTICLE 1. and Section 2.3 of ARTICLE 2. of the ENRA and the Preliminary Schedule of Performance attached as Exhibit "C" to the ENRA requires that the City approvals and entitlements are required to be obtained by Developer on the same date or prior to the date of consideration and approval of an Affordable Housing Agreement.
To provide the Authority with flexibility on the sequence of such approvals, the Parties now mutually desire to amend the ENRA by this Second Amendment to provide discretion to the Executive Director of the Authority to allow for approval of the Affordable Housing Agreement prior to the City approvals and entitlements, on the terms and conditions agreed to by the Executive Director.
F. Except for the change to Section l.2(A.) of ARTICLE 1., to Section l.l(B.) of ARTICLE 1. and Section 2.3 of ARTICLE 2. of the ENRA, and to the Preliminary Schedule of Performance attached as Exhibit "C" to the ENRA agreed to by the Parties as described in this Second Amendment, all terms and conditions of the ENRA, including all Exhibits attached thereto, shall remain unmodified and in full force and effect.
AGREEMENT
NOW THEREFORE, in consideration of the foregoing Recitals, the mutual covenants and agreements contained in this Second Amendment, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Authority and Developer hereby agree to amend the ENRA as follows:
1. Recitals. The foregoing Recitals are made a substantive part of this Second Amendment.
2. Modifications to the ENRA.
(a) Modification to the Term "this Agreement" in the ENRA. All references to "this Agreement" in the ENRA shall mean and include the Exclusive Negotiating Rights Agreement entered into by and between the Poway Housing Authority, a public body, corporate and politic, and Wakeland Housing and Development Corporation, a California nonprofit corporation, and dated August 17, 2022, as amended by the First Amendment to Exclusive Negotiating Rights Agreement entered into by and between the Poway Housing Authority, a public 4of7 Page 2 of 5
Second Amendment to ENRA v I
February 6, 2024, Item #4
body, corporate and politic, and Wakeland Housing and Development Corporation, a California nonprofit corporation, and dated August 2, 2023, and as further amended by the Second Amendment to Exclusive Negotiating Rights Agreement entered into by and between the Poway Housing Authority, a public body, corporate and politic, and Wakeland Housing and Development Corporation, a California nonprofit corporation, and dated February 6, 2024, including all Exhibits attached thereto.
(b) Modification to Second Sentence of Section 1.2(A.) of AR TI CLE 1. of the ENRA. The second sentence of Section 1.2(A.) of ARTICLE 1. of the ENRA is hereby deleted in its entirety and replaced with the following:
"The Negotiating Period may be extended, in each case, by mutual written agreement of the Parties, for up to six (6) additional forty-five (45) calendar day periods and then for up to two (2) additional sixty (60) calendar day periods, and on the Authority's behalf by the Executive Director of the Authority ("Executive Director") if, in the Executive Director's sole discretion and determination, sufficient progress toward a mutually acceptable AHA, Ground Lease and related documents·has been made during the initial two-hundred seventy (270) day negotiating period and during the then current Negotiating Period to merit such an extension."
(c) Modification to (4) of Section 1.l(B.) of ARTICLE 1. of the ENRA, to Section 2.3 of ARTICLE 2. of the ENRA, and to the Preliminary Schedule of Performance attached as Exhibit "C" to the ENRA. In all cases where the provisions of the ENRA require that Developer shall obtain the City approvals and entitlements on the same date or prior to the date of consideration and approval of an Affordable Housing Agreement, such provisions are hereby amended to include and provide discretion to the Executive Director of the Authority, in his/her sole and absolute discretion, to allow for approval of the Affordable Housing Agreement prior to the City approvals and entitlements, on the terms and conditions agreed to by the Executive Director .
3. Miscellaneous.
(a) Effect of Second Amendment. Except to the extent the ENRA is amended by this Second Amendment, the remaining terms and conditions of the ENRA, including all Exhibits attached thereto, shall remain unmodified and in full force and effect. In the event of a conflict between any of the terms contained in this Second Amendment and the terms contained in the ENRA, the terms of this Second Amendment shall govern, prevail and control. (b) Entire Agreement. The ENRA, including all Exhibits attached thereto, as amended by this Second Amendment, embody the entire understanding between the Authority and Developer with respect to their subject matter and can be changed only by an instrument in writing signed by the Authority and Developer.
( c) Counterparts. This Second Amendment may be executed in one or more counterparts, each of which shall be deemed an original but all of which, taken together, shall constitute one in the same Second Amendment.
5 of7 Page 3 of 5
Second Amendment to ENRA v I
February 6, 2024, Item #4
( d) Applicable Law; Venue. The laws of the State of California shall govern the interpretation and enforcement of this Second Amendment, without giving effect to its principles of conflicts of laws. Should litigation occur, such legal actions must be instituted in the Superior Court of the County of San Diego, State of California, in any other appropriate court of that county, or in the United States District Court for the Southern District of California, and both Parties irrevocably consent to the personal jurisdiction of such courts. (e) Attorneys' Fees. If an action or court proceeding is brought by a Party against the other Party under this Second Amendment, whether for interpretation, enforcement or otherwise, the prevailing Party in any such action or proceeding shall be entitled to recover attorneys' fees and costs from the other Party.
(f) Authority. All individuals signing this Second Amendment for a Party which is a corporation, limited liability company, partnership or other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covenant to the Authority that they have the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf they are signing. [SIGNATURES BEGIN ON THE FOLLOWING PAGE]
6 of7 Page 4 of 5
Second Amendment to ENRA v I
February 6, 2024, Item #4
IN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment to be executed as of the dates set forth opposite their signatures below. "AUTHORITY"
POWAY HOUSING AUTHORITY, a public
body, corporate and politic
By:--------------
Chris Hazeltine Dated
Executive Director
ATTEST:
By: ____________ _
Carrie Gallagher, CMC
City Clerk
APPROVED AS TO FORM:
By: ----------------
Alan Fenstermacher
General Counsel
KANE, BALLMER & BERKMAN
By: ---------------Kendall D. Levan
Authority Special Counsel
"DEVELOPER"
WAKELAND HOUSING AND
DEVELOPMENT CORPORATION, a
California nonprofit corporation
*see notes below
By: ---------------Name: --------------Title: --------------Dated: -------- By:--------------
Name: --------------Title: --------------Dated: -------- *Notes: In accordance with California
Corporations Code Section 313, this document
must be executed by the Corporation's Chief
Executive Officer, President or Vice-President,
on the one hand, and the Corporations' Chief
Financial Officer, Treasurer, Assistant
Treasurer or Secretary on the other hand.
7 of 7 Page 5 of 5
Second Amendment to ENRA v I
February 6, 2024, Item #4
February 6, 2024, Item #5
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PQ RT City of Poway
February 6, 2024
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services t,t,t
•
Alex Ubaldo, P.E., Principal Civil Engineer t&J
(858) 668-4602 or [email protected] 'f.
CITY COUNCIL
Acceptance of the Starridge Park and Community Park Pathways Extension project with Tri-Group Construction and Development, Inc., as Complete On August 1, 2023, the City Council awarded the Starridge Park and Community Park Pathways Extension project contract to Tri-Group Construction and Development, Inc., Bid No. 23-011, in the amount of $295,000. This action will accept the project as complete.
Recommended Action:
It is recommended the City Council:
1) Accept the Starridge Park and Community Park Pathways Extension project as complete; 2) Authorize the City Clerk to file and record the Notice of Completion; 3) Authorize the release of the retention in the amount of $14,750, if unencumbered, 45 days after City Council acceptance;
4) Release the Nationwide Mutual Insurance Company Bond for Material and Labor in the amount of $295,000, after the release of retention; and
5) Retain the Nationwide Mutual Insurance Company Bond for Faithful Performance for a period of one (1) year.
Discussion:
The Starridge Park and Community Park Pathways Extension project constructed a multi-use pathway from the Starridge Park entrance ramp along the outer limits of the playing fields to the eastern end of the park that connects to an existing pathway on the northern side of the baseball field. This pathway extension resulted in a complete loop allowing joggers, bicyclists and parents walking with strollers, etc., to go around the park exterior without requiring to turn-around or walk through areas that are uneven and non-compliant with the Americans with Disabilities Act (ADA). The project also constructed a new concrete pathway and pedestrian ramps from the Community Park entrance to the north end of the tennis courts connecting two separate sections of sidewalk, thus making a continuous walking loop on the north side of the parking lot.
This project was the combination of two CIP projects that were programmed separately, Starridge Park Pathway Extension project (PK024) and Community Park Sidewalk Extension project (PK023).
During the design process, it was determined the two projects were similar in scope and to gain an economy of scale, the two projects were combined, bid, and constructed together. 1 of2
February 6, 2024, Item #5
This action accepts the project as complete. There were no change orders for this project. The final contract amount is $295,000.
Environmental Review:
This action of acceptance of public improvements that have been completed, which was the subject of a prior environmental determination, is not considered a Project pursuant to Section 15378(b)(S) of the California Environmental Quality Act (CEQA) Guidelines and therefore not subject to the CEQA.
Fiscal Impact:
Sufficient funds are available in the project account (PK024) for the release of retention. Funds remaining in the project at year end will be returned to the Capital Improvement Fund for use on other projects.
Public Notification:
None.
Attachments:
None.
Reviewed/Approved By:
Assistant City Manager
2 of 2
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
February 6, 2024
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk
(858) 668-4435 or [email protected]
CITY COUNCIL
Second Reading and Adoption of Ordinance No. 864 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Chapters 17.08 and 17.56 of the Poway Municipal Code to (1) Eliminate the Multifamily Swimming Pool Requirement , and (2) Limit Wireless Commun ication Facility Batch Applications to the Statutory Minimum"
The introduction and first reading of the above-entitled Ordinance was approved at a Regular City Council Meeting on January 16, 2024. There were no speakers.
The Ordinance is now presented for second reading and adoption by title only .
Vote at first reading :
Recommended Action:
AYES:
NOES:
DE HOFF, EDMONDSON, PEPIN, FRANK, VAUS
NONE
ABSTAINED: NONE
ABSENT: NONE
DISQUALIFIED: NONE
It is recommended the City Council adopt Ordinance No. 864.
Environmental Review:
None.
Fiscal Impact:
None.
1 of 19 February 6, 2024, Item #6
Public Notification:
An ordinance summary notice was published in the Poway News Chieftain on Thursday, January 25, 2024. A certified copy of this Ordinance will also be posted in the Office of the City Clerk in accordance with Government Code section 36933.
Attachments:
A. Ordinance No. 864
Reviewed/ Approved By:
Assistant City Manager
2 of19
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch~
City Manager
February 6, 2024, Item #6
ORDINANCE NO. 864
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AMENDING CHAPTERS 17.08 AND
17.56 OF THE POWAY MUNICIPAL CODE TO (1) ELIMINATE
THE MULTIFAMILY SWIMMING POOL REQUIREMENT , AND (2)
LIMIT WIRELESS COMMUNICATION FACILITY BATCH
APPLICATIONS TO THE STATUTORY MINIMUM
WHEREAS , City staff and the City Attorney's Office have been progressively analyzing the Poway Municipal Code ("PMC") and recommending updates where appropriate; WHEREAS, the City Council of the City of Poway wishes to protect and preserve the quality of the residential and commercial areas of the City, as well as the quality of life throughout the City, through effective land use and planning;
WHEREAS , the City Council of the City of Poway has determined it is unnecessary to require all multifamily apartment and condominium complexes in the City to include a swimming pool;
WHEREAS, the City Council of the City of Poway desires to allow broadband access throughout the City;
WHEREAS , the City Council of the City of Poway is particularly concerned with the potential of batch applications for wireless communication facilities ("WCFs") to be submitted in a number higher than what can be processed by staff under statutory time constraints; WHEREAS, AB 965 "Broadband Permit Efficiency and Local Government Staff Solution Best Practices Act of 2023" creates Government Code section 65964.3 subdivision (i)(2)(A) which requires a city with a population of fewer than 50,000 to batch at a minimum 25 project site applications; and
WHEREAS, the City desires to adhere to this statutory minimum, rather than allowing more than 25 project site applications at a time.
NOW, THEREFORE , THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS :
SECTION 1: The above recitations are true and correct.
SECTION 2: Section 17.08.220(G) of the PMC is hereby amended as follows, with additions in underline , and deletions in strikethrough:
G. The following recreation facilities shall be provided at a minimum unless waived by the City Council:
1. Landscaped park-like quiet area;
2. Children's play area; and
3. Family picnic area.:.; aoo
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4. Swimming pool 1Nith cabana or patio cover.
Ordinance No. 864
SECTION 3: The Chapter 17.56 is hereby amended to Title 17 of the Poway Municipal Code to read as set forth on Exhibit 1 (clean) and Exhibit 2 (redline) hereto.
SECTION 4: The City Council finds that this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Section 15060( c)(2) and 15061 (b)(3) in that the proposed changes are not anticipated to result in a direct or reasonably foreseeable indirect physical change in the environment nor will they have the potential of creating a significant effect on the environment.
SECTION 5: If any provisions of this Ordinance or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or application, and to this end the provisions of this act are severable.
SECTION 6: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933.
INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 16th day of January, 2024, and thereafter. 4 of19
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Ordinance No. 864
PASSED AND ADOPTED at a Regular Meeting of said City Council held the 6th day of February, 2024, by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DI SQUALi Fl ED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
5 of 19 February 6, 2024, Item #6
Poway Municipal Code
Chapter 17.56 WIRELESS COMMUNICATION
FACILITIES
Chapter 17.56
WIRELESS COMMUNICATION FACILITIES
Sections:
17.56.010 Purpose.
17.56.020 Definitions.
17.56.030 Permits required.
17.56.040 Approval authority.
17.56.050 Appeal from Director decision.
17.56.060 Application requirements.
17.56.070 Findings.
17.56.080 Objective standards and operating conditions.
17.56.090 Objective siting requirements.
17.56.100 Large wireless communication facilities.
17.56.110 Preemption and severability.
17.56.120 Reservation of rights to review permit.
17.56.130 Batch broadband permit processing
17.56.010 Purpose.
This chapter establishes a wireless communication facility permit, and sets forth definitions, permitting requirements and application processes for wireless communication facilities within the public right- of-way in the City, including reasonable, uniform and objective aesthetic standards. (Ord. 829 § 2, 2019)
17.56.020 Definitions.
A. “Applicant” means the entity applying for the wireless communication facility permit, and any of its future lessees or assigns. Should the applicant later sell a wireless communication facility constructed pursuant to a permit issued under this chapter, the term “applicant” shall apply to that subsequent owner.
B. “Batch broadband permit processing” means the simultaneous processing of multiple broadband permit applications for substantially similar broadband sites under a single permit submitted at once.
C. “Broadband permit application” means an application or other documents submitted for review by a local agency to permit the construction of a broadband project.
D. “Broadband project” means a proposed wireless communication facility, including the support structure and any supporting equipment necessary for operation of the proposed facility. A broadband project may be comprised of one or more components, including, but not limited to, a wireless facility, a fiber optic connection, and other supporting equipment, each of which may require separate permits or authorizations by the City.
E. “Director of Development Services” means the City’s Director of Development Services, or his/her appointed designee.
F. “Existing support structure” means a structure, such as a street light, that is existing prior to the City’s receipt of an application for a wireless communication facility permit, that will not have to be replaced or substantially modified to support the installation of a wireless communication facility. Notwithstanding the foregoing, in -kind replacement structures are considered existing support structures for the purposes of this chapter. Existing overhead utility poles or lines are not permitted existing support structures.
G. “In-kind replacement structure” means a new structure that replaces existing vertical infrastructure in the right-of-way that is constructed to support the other parts of the wireless communication facility, and is identical to the existing vertical infrastructure it replaces with respect to size, height, diameter, style, and exterior materials.
H. “Master communication site license agreement” means an agreement between the applicant and the City, approved by the City Council in accordance with Chapter 17.53 PMC, and all supporting and related documentation, including but not limited to insurance certificates and lease terms. Full cost recovery for staff time and direct costs 6 of 19
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Exhibit 1
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associated with the agreement shall be part of a developer deposit, as set forth in the City’s master fee schedule, as updated and amended from time to time.
I. “New support structure” means a structure that is constructed solely to support the other parts of the wireless communication facility.
J. “Presumptively reasonable time” for the purposes of this section shall mean the timeframe, if any specified by applicable law, and in the absence of such law, whatever time the Planning Division deems reasonable to process the broadband permit applications.
K. “Replacement support structure” means a new structure that replaces existing vertical infrastructure in the right-of-way that is constructed solely to support the other parts of the wireless communication facility, except for in-kind replacement structures.
L. “Single wireless communication facility application” means an application for a single wireless communication facility at a single location.
M. “Street light” means a light illuminating a road, mounted on a tall pole and within the public right -of-way. The term “street light” excludes overhead utility poles and lines.
N. “Simultaneous” for the purposes of this section means broadband permit applications which are submitted at the same time.
O. “Substantially similar broadband project sites” means broadband project sites that are nearly identical in terms of equipment and general design, but not location.
P. “Support structure” means either an existing support structure, new support structure, or replacement support structure, which are all considered part of a wireless communication facility.
Q. “Wireless communication facility” means a facility for the provision of wireless communications or other similar utility services, and all antennas and equipment associated with the overall facility that are necessary for the function of the facility, including the support structure. (Ord. 829 § 2, 2019)
17.56.030 Permits required.
A. Prior to the construction or installation of any wireless communication facility in the public right- of-way, the applicant shall obtain a wireless communication facility permit pursuant to the procedures, requirements and restrictions of this chapter, in addition to a review for structural calculations and public right -of-way permit application pursuant to the requirements set forth in PMC 12.04.030. An improvement plan and inspection is required for a new support structure or a replacement support structure. Approval of a master communication site license agreement is required prior to approval of any batch wireless communication facility application.
B. Pursuant to PMC 17.52.050(A), any wireless communication facility that includes a surface -mounted cabinet with any dimension greater than 36 inches, or where more than one cabinet of any size is located closer than 100 feet to another cabinet of any size, shall also obtain a minor development review permit from the Director of Development Services, unless the cabinet(s) are placed underground.
C. Nothing in this chapter affects the City’s authority to require a conditional use permit pursuant to Chapter 17.48 PMC for a proposed wireless communication facility outside of the public right -of-way. (Ord. 829 § 2, 2019)
17.56.040 Approval authority.
The Director of Development Services shall be the approval body for all wireless communication facility permits. (Ord. 829 § 2, 2019)
17.56.050 Appeal from Director decision.
A. Only an applicant may appeal a decision of the Director of Development Services regarding a wireless communication facility permit request. In such case, the appeal shall go before the hearing officer for review and action in accordance with the appeal procedures set forth in Chapter 2.20 PMC. 7 of 19
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B. A decision of the hearing officer under Chapter 2.20 PMC is final. (Ord. 829 § 2, 2019)
17.56.060 Application requirements.
A. Before receiving a wireless communication facility permit, the applicant must submit an application in accordance with the requirements of this chapter.
B. The applicant shall comply with the City’s “Guidelines for the Placement of Utility Facilities in the Public Rights-of-Way,” as may be amended from time to time by City Council resolution.
C. Before submitting an application, all applicants are advised and strongly urged to participate in a wholly voluntary pre-application meeting with appropriate staff, scheduled in advance.
D. All applications for wireless communication facility permits shall include the following information:
1. A completed Planning Division general application. This form may be updated by the Director of Development Services from time to time, in his/her reasonable discretion. At a minimum, the following application materials shall be required:
a. A draft master communication site license agreement, if applicable. b. Detailed plans, including a site plan and elevation plans, showing and describing the layout and design of the proposed project, including a depiction of the boundaries of the site on which the project will be developed.
c. Documentation that the facility will comply with all Federal and State regulations and guidelines, including, where applicable, FCC regulations and guidelines. d. Site justification letter(s) justifying the need or requirement for the proposed location and design of the wireless communication facility, and whether or not co-location of additional facilities owned by different carriers is feasible, in compliance with PMC 17.56.090. The letter shall include other sites that were analyzed but not selected, with an explanation as to why the analyzed sites did not meet the objectives (including engineering, coverage and location justification), and why the co- location of the proposed wireless communication facility with others in the area cannot be accomplished. e. A utility plan showing equipment layout and utility connections. f. A report specifying the facility’s compliance with the FCC’s maximum possible exposure (MPE) levels in inhabited areas within 500 feet of the facility prepared by a qualified electrical engineer licensed by the State of California. Proof of compliance shall be a certification provided by the engineer who prepared the original based upon measurements after the facility is in operation, but prior to City final engineering inspection.
g. Mechanical engineering specifications of the facilities specifying maximum noise exposure levels of the facility to be in compliance with the City’s noise ordinance, set forth in Chapter 8.08 PMC. h. Where the wireless communication facility also requires a minor development review permit pursuant to PMC 17.52.050, the application shall include documents required for minor development reviews and applicable fees and deposits.
2. Payment of all deposits or fees as required for processing of the associated permits as outlined in the City’s master fee schedule, as may be amended from time to time.
E. The applicant shall agree in writing to indemnify, defend and hold harmless the City, its designees, employees, and assigns, from any and all liability resulting from the City’s approval of the wireless communication facility, the operation of the wireless communication facility, and/or the City’s enforcement of this chapter as it relates to any wireless communication facility owned and/or operated by the applicant. 8 of 19
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F. The applicant shall submit a security in accordance with Chapter 16.20 PMC in an amount to be determined by the City Engineer to cover the removal of the facility in the event the site becomes abandoned or is otherwise vacated by the applicant.
G. When submitting a batch broadband permit application, the applicant shall submit materials as specified in subsections (D)(1)(b) through (h) of this section for each facility that is not substantially similar as defined in Section 17.56.020 subsection (O). A separate fee is required for each facility, as applicable. If some of the facilities require a minor development review permit and others do not, the City will process the facilities requiring minor development review each as a separate application.
H. In addition to all applicable requirements stated above, all batch broadband permit applications shall be required to adhere to all the requirements set forth in Section 17.56.130.
17.56.070 Findings.
A. Prior to issuance of a wireless communication facility permit pursuant to this chapter, the following findings shall be made to the satisfaction of the Director of Development Services:
1. A complete application has been submitted to the satisfaction of the Development Services Director as required by this chapter.
2. The proposed wireless communication facility and applicant satisfies the requirements set forth in this chapter, specifically including PMC 17.56.080 and 17.56.090.
3. The proposed wireless communication facility satisfies the requirements set forth in the City’s wireless communication policy, to the extent applicable, as may be amended by the City Council from time to time.
4. The proposed wireless communication facility is not detrimental to the public health, safety, or general welfare.
5. The proposed wireless communication facility is designed to match existing street infrastructure within the surrounding area, and conceals or minimizes visual impacts of the facilities.
6. Opportunities for co-location were maximized as a part of the project.
7. The proposed wireless communication facility is proposed to function in compliance with all applicable Federal, State and local regulations, including (where applicable) regulations of the Federal Communications Commission.
8. The applicant has paid all necessary City fees and deposits associated with the application, and the proposed wireless communication facility.
B. Where the Director of Development Services issues a wireless communication facility permit, the approval shall be conditioned on a requirement that the applicant comply with all of the standards, conditions and other requirements articulated in this chapter on an ongoing basis.
C. If the Director of Development Services, or on appeal, the hearing officer, cannot make the required findings, the approval authority shall deny the permit with a written explanation as to why any such finding could not be made. (Ord. 829 § 2, 2019)
17.56.080 Objective standards and operating conditions.
A. The support structure, including all added antennas, shall not be more than 50 feet in height or 10 percent taller than other adjacent vertical infrastructure. The wireless communication facility must not extend the height of an existing support structure by more than five feet.
B. The wireless communication facilities shall be architecturally integrated with support structures and screened from view to the largest extent feasible. The wireless communication facilities shall consist of the smallest, least visually intrusive antennas, components and other necessary equipment available. No portion of a wireless communication facility placed on a street light shall be more than five feet above the light pole portion of the street 9 of 19
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light. Each portion of the wireless communication facility shall be designed at a diameter proportionately similar to, and no more than three times diameter of, the existing support structure. Associated equipment shall not be ground mounted, but instead, placed underground, unless the Director of Development Services determines that no other feasible alternative exists based on clear and convincing evidence provided by the applicant.
C. Antennas and equipment shall be painted to match the color of the surface of the support structure to which they are attached unless determined otherwise by the Director of Development Services.
D. No portion of a wireless communication facility is permitted to obstruct the view of any traffic sign, way -finding sign, traffic signal, or similar facility, nor be located within the sight triangle as shown in PMC 17.22.100.
E. The fire hydrant port that runs perpendicular to the street center line must remain unobstructed.
F. The wireless communication facility must not be designed in such a way that it requires antenna structure registration under Part 17 of Title 47 of the Code of Federal Regulations.
G. Each facility shall include emergency contact information visible from the sidewalk with the wireless carrier, the frequency band, a single point of contact in the applicant’s engineering and maintenance departments (name, phone number, fax number, and email address), and a 24-hour phone number to which interference problems may be reported.
H. The antennas shall be activated and energized upon preliminary approval of the wireless communication facility by the Director of Development Services to allow for proof of compliance certification provided by the engineer who prepared the original MPE report based upon measurements after the facility is in operation, but prior to the City’s final engineering inspection.
I. All wireless communication facilities and related equipment and improvements shall be maintained in good repair.
Any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight.
J. The owner or operator of a wireless communication facility shall routinely and regularly inspect the site to ensure compliance with the standards set forth in the permit.
K. Any substantial modification, removal or relocation of a wireless communication facility shall require submittal, review, and approval of a wireless communication facility permit pursuant to this chapter to the satisfaction of the Director of Development Services.
L. The owner or operator of a wireless communication facility shall remove, at its sole responsibility and expense, all portions a wireless communication facility and restore the existing support structure to its original condition, subject to approval of the Director of Development Services, within 60 days of ceasing operation of the permitted wireless communication facility.
M. The owner or operator of a wireless communication facility shall be required to modify, remove, or relocate its facility, or portion thereof, without cost or expense to the City, within 60 days of the City’s notice, if and when made necessary, in the City’s discretion, by:
1. Any public improvement project, including, but not limited to, the construction, maintenance, or operation of any underground or aboveground facilities including but not limited to sewers, storm drains, conduits, gas, water, electric, or other utility systems or pipes owned by the City or any other public agency;
2. Any abandonment of any street, sidewalk, or other public facility;
3. Any change of grade, alignment or width of any street, sidewalk, or other public facility; or
4. A determination by the Director of Development Services that the wireless communication facility has become a risk to public health, safety, welfare, or the public’s use of the public right -of-way. 10 of 19
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N. In the case of an emergency or other similar exigent circumstances where the facility poses a threat of bodily harm, death, or harm to real property, or otherwise creates a safety hazard, the City may modify, remove, or relocate a wireless communication facility without prior notice to the applicant provided the applicant is notified within 30 days thereafter. The City shall make a reasonable attempt to contact the applicant prior to such emergency removal. (Ord. 829 § 2, 2019)
17.56.090 Objective siting requirements.
A. In furtherance of the City’s goals to underground existing utilities throughout the City, wireless communication facilities shall not be located on existing overhead utility poles or lines, as set forth in PMC 17.56.020(D).
B. The applicant must make all commercially reasonable efforts to co-locate wireless communication facilities on existing support structures that already support other wireless communication facilities. If such co- location is not feasible, the applicant must provide the documentation required by PMC 17.56.060(D). In the event co -location is not feasible, the applicant must design the wireless communication facility in such a way that co- location of at least one additional wireless communication facility is feasible on the same support structure in the future.
C. The preferred support structure for all wireless communication facilities is existing street lights, or other qualified existing support structures. The applicant must make all commercially reasonable efforts to utilize a street light or other qualified existing support structure. If a new or replacement support structure is required, the applicant must provide the documentation required by PMC 17.56.060(D) demonstrating the same to the satisfaction of the Director of Development Services. Further, the applicant must explore and document the infeasibility of a replacement support structure before a wireless communication facility requiring a new support structure will be approved.
D. Required Setbacks for New Support Structures, Replacement Support Structures and Equipment and Accessory Structures Associated with a Wireless Communication Facility.
1. All portions of a wireless communication facility must be set back a minimum of 48 inches from any traffic signal facilities.
2. The setback for all portions of a wireless communication facility from any tree shall be a minimum of 48 inches, unless a qualified arborist can demonstrate to the satisfaction of the Director of Development Services that a lesser setback would not harm the tree.
3. A minimum of four feet of pedestrian clearance from any portion of a wireless communication facility, free of all obstacles for an unobstructed walkway, must be maintained at all times.
4. All portions of a wireless communication facility must be set back a minimum of seven feet from any fire hydrant, driveway, curb ramp or blue zone parking space.
5. Replacement support structures shall be located a maximum of five feet from the structure they replace.
However, if the applicant can demonstrate that this limit would cause the facility to physically interfere with existing underground utilities, this distance can be expanded to no more than 10 feet.
6. All new support structures and replacement support structures shall provide the same setbacks as adjacent structures of a similar style. However, if the applicant can demonstrate that this limit would cause the facility to physically interfere with existing underground utilities, the setback can be modified, provided the facility otherwise complies with setback regulations set forth in this subsection D and all pertinent laws and regulations, including, but not limited to, the Americans with Disabilities Act.
7. Any new support structure must be located a minimum of 50 feet away from any residential structure, and shall not be located along the street frontage adjacent to any school, daycare center, recreational area or park.
New support structures may not be located within 75 feet of any pre-existing vertical infrastructure exceeding 10 feet in height or any preexisting wireless communication facility, as measured along a horizontal line between the closest points of the subject piece of infrastructure and closest portion of the proposed wireless communication facility. (Ord. 829 § 2, 2019)
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17.56.100 Large wireless communication facilities.
The Director of Development Services may, in his or her discretion, impose additional requirements and restrictions on wireless communication facilities where the antenna exceeds three cubic feet in volume, where all other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, exceeds 28 cubic feet in volume, or otherwise do not meet the definition of “small wireless facility” set forth in applicable Federal regulations. (Ord. 829 § 2, 2019)
17.56.110 Preemption and severability.
Notwithstanding any other provision of this chapter to the contrary, an applicant may request an exemption to excuse it from having to comply with any portion of this chapter on the grounds that the requirement or action taken by the City would violate State or Federal law. The City shall grant the exemption or excuse an applicant from compliance with all or a portion of this chapter, if it finds based on substantial evidence in the record that the challenged requirement or action is, in fact, preempted by State or Federal law. Such an exemption shall not affect the enforceability of the remainder of this chapter. If any provision of this chapter is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, it shall be deemed severable from, and shall in no way affect the validity or enforceability of, the remaining provisions of this chapter, which shall be enforced to the fullest extent possible. (Ord. 829 § 2, 2019)
17.56.120 Reservation of rights to review permit.
The City reserves the right to reconsider the permit at the end of a 10-year time period from the date of the original permit approval. Reconsideration items to be reviewed may include, but are not limited to, conformance with all objective standards, availability of new technologies, conformance with the objective concealment standards imposed on the facility, operation of applicable radio frequency standards and regulations (as they may be amended from time to time), and compliance with Federal, State and local regulations, including the City’s noise ordinance. (Ord. 829 § 2, 2019)
17.56.130 Batch Broadband Permit Processin g
A. City Staff shall not accept for processing any batch broadband permit t hat contain over 25 separate wireless facilities.
B. City Staff will reject any permit in a batch application that is not substantially similar to the others in such application.
C. For each permit over one (1), the applicant shall file a separate amendment to the permit defining the location of the broadband project and what differences in design or construction exist between the additional broadband project and the original broadband project.
D. Applicant shall be notified of approval within a presumptively reasonable time or in a time mutually agreed upon by the City and the applicant, whichever is later.
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Ordinance No. 864
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Chapter 17.56 WIRELESS COMMUNICATION
FACILITIES
Chapter 17.56
WIRELESS COMMUNICATION FACILITIES
Sections:
17.56.010 Purpose.
17.56.020 Definitions.
17.56.030 Permits required.
17.56.040 Approval authority.
17.56.050 Appeal from Director decision.
17.56.060 Application requirements.
17.56.070 Findings.
17.56.080 Objective standards and operating conditions.
17.56.090 Objective siting requirements.
17.56.100 Large wireless communication facilities.
17.56.110 Preemption and severability.
17.56.120 Reservation of rights to review permit.
17.56.130 Batch broadband per mit processing
17.56.010 Purpose.
This chapter establishes a wireless communication facility permit, and sets forth definitions, permitting requirements and application processes for wireless communication facilities within the public right- of-way in the City, including reasonable, uniform and objective aesthetic standards. (Ord. 829 § 2, 2019)
17.56.020 Definitions.
A. “Applicant” means the entity applying for the wireless communication facility permit, and any of its future lessees or assigns. Should the applicant later sell a wireless communication facility constructed pursuant to a permit issued under this chapter, the term “applicant” shall apply to that subsequent owner.
B. “Batch broadband permit processing” means the simultaneous processing of multiple broadband permit applications for substantially similar broadband sites under a single permit submitted at once.
B. “Batch wireless communication facility application” means an application for multiple wireless communication facilities at multiple locations, or multiple applications for separate facilities at multiple locations submitted at once.
C. “Broadband permit application” means an application or other documents submitted for review by a local agency to permit the construction of a broadband project.
D. “Broadband project” means a proposed wireless communication facility, including the support structure and any supporting equipment necessary for operation of the proposed facility. A broadband project may be comprised of one or more components, including, but not limited to, a wireless facility, a fiber optic connection, and other supporting equipment, each of which may require separate permits or authorizations by the City.
EC. “Director of Development Services” means the City’s Director of Development Services, or his/her appointed designee.
FD. “Existing support structure” means a structure, such as a street light, that is existing prior to the City’s receipt of an application for a wireless communication facility permit, that will not have to be replaced or substantially modified to support the installation of a wireless communication facility. Notwithstanding the foregoing, in -kind replacement structures are considered existing support structures for the purposes of this chapter. Existing overhead utility poles or lines are not permitted existing support structures.
GE. “In-kind replacement structure” means a new structure that replaces existing vertical infrastructure in the right-of-way that is constructed to support the other parts of the wireless communication facility, and is identical to the existing vertical infrastructure it replaces with respect to size, height, diameter, style, and exterior materials. 13 of 19
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Exhibit 2
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HF. “Master communication site license agreement” means an agreement between the applicant and the City, approved by the City Council in accordance with Chapter 17.53 PMC, and all supporting and related documentation, including but not limited to insurance certificates and lease terms. Full cost recovery for staff time and direct costs associated with the agreement shall be part of a developer deposit, as set forth in the City’s master fee schedule, as updated and amended from time to time.
IG. “New support structure” means a structure that is constructed solely to support the other parts of the wireless communication facility.
J. “Presumptively reasonable time” for the purposes of this section shall mean the timeframe, if any specified by applicable law, and in the absence of such law, whatever time the Planning Division deems reasonable to process the broadband permit applications.
KH. “Replacement support structure” means a new structure that replaces existing vertical infrastructure in the right-of-way that is constructed solely to support the other parts of the wireless communication facility, except for in-kind replacement structures.
LI. “Single wireless communication facility application” means an application for a single wireless communication facility at a single location.
MJ. “Street light” means a light illuminating a road, mounted on a tall pole and within the public right- of-way. The term “street light” excludes overhead utility poles and lines.
N. “Simultaneous” for the purposes of this section means broadband permit applications which are submitted at the same time.
O. “Substantially similar broadband project sites” means broadband project sites that are nearly identical in terms of equipment and general design, but not location.
PK. “Support structure” means either an existing support structure, new support structure, or replacement support structure, which are all considered part of a wireless communication facility.
QL. “Wireless communication facility” means a facility for the provision of wireless communications or other similar utility services, and all antennas and equipment associated with the overall facility that are necessary for the function of the facility, including the support structure. (Ord. 829 § 2, 2019)
17.56.030 Permits req uired.
A. Prior to the construction or installation of any wireless communication facility in the public right- of-way, the applicant shall obtain a wireless communication facility permit pursuant to the procedures, requirements and restrictions of this chapter, in addition to a review for structural calculations and public right -of-way permit application pursuant to the requirements set forth in PMC 12.04.030. An improvement plan and inspection is required for a new support structure or a replacement support structure. Approval of a master communication site license agreement is required prior to approval of any batch wireless communication facility application.
B. Pursuant to PMC 17.52.050(A), any wireless communication facility that includes a surface -mounted cabinet with any dimension greater than 36 inches, or where more than one cabinet of any size is located closer than 100 feet to another cabinet of any size, shall also obtain a minor development review permit from the Director of Development Services, unless the cabinet(s) are placed underground.
C. Nothing in this chapter affects the City’s authority to require a conditional use permit pursuant to Chapter 17.48 PMC for a proposed wireless communication facility outside of the public right -of-way. (Ord. 829 § 2, 2019)
17.56.040 Approval authority.
The Director of Development Services shall be the approval body for all wireless communication facility permits. (Ord. 829 §
2, 2019)
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17.56.050 Appeal from Director decision.
A. Only an applicant may appeal a decision of the Director of Development Services regarding a wireless communication facility permit request. In such case, the appeal shall go before the hearing officer for review and action in accordance with the appeal procedures set forth in Chapter 2.20 PMC.
B. A decision of the hearing officer under Chapter 2.20 PMC is final. (Ord. 829 § 2, 2019)
17.56.060 Application requirements.
A. Before receiving a wireless communication facility permit, the applicant must submit an application in accordance with the requirements of this chapter.
B. The applicant shall comply with the City’s “Guidelines for the Placement of Utility Facilities in the Public Rights-of-Way,” as may be amended from time to time by City Council resolution.
C. Before submitting an application, all applicants are advised and strongly urged to participate in a wholly voluntary pre-application meeting with appropriate staff, scheduled in advance.
D. All applications for wireless communication facility permits shall include the following information:
1. A completed Planning Division general application. This form may be updated by the Director of Development Services from time to time, in his/her reasonable discretion. At a minimum, the following application materials shall be required:
a. A draft master communication site license agreement, if applicable. b. Detailed plans, including a site plan and elevation plans, showing and describing the layout and design of the proposed project, including a depiction of the boundaries of the site on which the project will be developed.
c. Documentation that the facility will comply with all Federal and State regulations and guidelines, including, where applicable, FCC regulations and guidelines. d. Site justification letter(s) justifying the need or requirement for the proposed location and design of the wireless communication facility, and whether or not co-location of additional facilities owned by different carriers is feasible, in compliance with PMC 17.56.090. The letter shall include other sites that were analyzed but not selected, with an explanation as to why the analyzed sites did not meet the objectives (including engineering, coverage and location justification), and why the co- location of the proposed wireless communication facility with others in the area cannot be accomplished. e. A utility plan showing equipment layout and utility connections. f. A report specifying the facility’s compliance with the FCC’s maximum possible exposure (MPE) levels in inhabited areas within 500 feet of the facility prepared by a qualified electrical engineer licensed by the State of California. Proof of compliance shall be a certification provided by the engineer who prepared the original based upon measurements after the facility is in operation, but prior to City final engineering inspection.
g. Mechanical engineering specifications of the facilities specifying maximum noise exposure levels of the facility to be in compliance with the City’s noise ordinance, set forth in Chapter 8.08 PMC. h. Where the wireless communication facility also requires a minor development review permit pursuant to PMC 17.52.050, the application shall include documents required for minor development reviews and applicable fees and deposits.
2. Payment of all deposits or fees as required for processing of the associated permits as outlined in the City’s master fee schedule, as may be amended from time to time. 15 of 19
February 6, 2024, Item #6
Ordinance No. 864
3 of 7
Poway Municipal Code
Chapter 17.56 WIRELESS COMMUNICATION
FACILITIES
E. The applicant shall agree in writing to indemnify, defend and hold harmless the City, its designees, employees, and assigns, from any and all liability resulting from the City’s approval of the wireless communication facility, the operation of the wireless communication facility, and/or the City’s enforcement of this chapter as it relates to any wireless communication facility owned and/or operated by the applicant.
F. The applicant shall submit a security in accordance with Chapter 16.20 PMC in an amount to be determined by the City Engineer to cover the removal of the facility in the event the site becomes abandoned or is otherwise vacated by the applicant.
G. When submitting a batch wireless communication facility applicationbroadband perm it application, the applicant
shall submit separate materials as specified in subsections (D)(1)(b) through (h) of this section for each facility that is not substantially similar as defined in Section 17.56.020 subsection (O). a part of the application. A separate fee is required for each facility, as applicable. If some of the facilities require a minor development review permit and others do not, the City will process the facilities requiring minor development review each as a separate application. (Ord. 829 § 2, 2019)
H. In addition to all applicable requirements stated above, all batch broadband permit applications shall be required to adhere to all the requirements set forth in Section 17.56.130.
17.56.070 Findings.
A. Prior to issuance of a wireless communication facility permit pursuant to this chapter, the following findings shall be made to the satisfaction of the Director of Development Services:
1. A complete application has been submitted to the satisfaction of the Development Services Director as required by this chapter.
2. The proposed wireless communication facility and applicant satisfies the requirements set forth in this chapter, specifically including PMC 17.56.080 and 17.56.090.
3. The proposed wireless communication facility satisfies the requirements set forth in the City’s wireless communication policy, to the extent applicable, as may be amended by the City Council from time to time.
4. The proposed wireless communication facility is not detrimental to the public health, safety, or general welfare.
5. The proposed wireless communication facility is designed to match existing street infrastructure within the surrounding area, and conceals or minimizes visual impacts of the facilities.
6. Opportunities for co-location were maximized as a part of the project.
7. The proposed wireless communication facility is proposed to function in compliance with all applicable Federal, State and local regulations, including (where applicable) regulations of the Federal Communications Commission.
8. The applicant has paid all necessary City fees and deposits associated with the application, and the proposed wireless communication facility.
B. Where the Director of Development Services issues a wireless communication facility permit, the approval shall be conditioned on a requirement that the applicant comply with all of the standards, conditions and other requirements articulated in this chapter on an ongoing basis.
C. If the Director of Development Services, or on appeal, the hearing officer, cannot make the required findings, the approval a
uthority shall deny the permit with a written explanation as to why any such finding could not be made. (Ord. 829 § 2, 2019)
16 of 19
February 6, 2024, Item #6
Ordinance No. 864
4 of 7
Poway Municipal Code
Chapter 17.56 WIRELESS COMMUNICATION
FACILITIES
17.56.080 Objective standards and operating conditions.
A. The support structure, including all added antennas, shall not be more than 50 feet in height or 10 percent taller than other adjacent vertical infrastructure. The wireless communication facility must not extend the height of an existing support structure by more than five feet.
B. The wireless communication facilities shall be architecturally integrated with support structures and screened from view to the largest extent feasible. The wireless communication facilities shall consist of the smallest, least visually intrusive antennas, components and other necessary equipment available. No portion of a wireless communication facility placed on a street light shall be more than five feet above the light pole portion of the street light. Each portion of the wireless communication facility shall be designed at a diameter proportionately similar to, and no more than three times diameter of, the existing support structure. Associated equipment shall not be ground mounted, but instead, placed underground, unless the Director of Development Services determines that no other feasible alternative exists based on clear and convincing evidence provided by the applicant.
C. Antennas and equipment shall be painted to match the color of the surface of the support structure to which they are attached unless determined otherwise by the Director of Development Services.
D. No portion of a wireless communication facility is permitted to obstruct the view of any traffic sign, way -finding sign, traffic signal, or similar facility, nor be located within the sight triangle as shown in PMC 17.22.100.
E. The fire hydrant port that runs perpendicular to the street center line must remain unobstructed.
F. The wireless communication facility must not be designed in such a way that it requires antenna structure registration under Part 17 of Title 47 of the Code of Federal Regulations.
G. Each facility shall include emergency contact information visible from the sidewalk with the wireless carrier, the frequency band, a single point of contact in the applicant’s engineering and maintenance departments (name, phone number, fax number, and email address), and a 24-hour phone number to which interference problems may be reported.
H. The antennas shall be activated and energized upon preliminary approval of the wireless communication facility by the Director of Development Services to allow for proof of compliance certification provided by the engineer who prepared the original MPE report based upon measurements after the facility is in operation, but prior to the City’s final engineering inspection.
I. All wireless communication facilities and related equipment and improvements shall be maintained in good repair.
Any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight.
J. The owner or operator of a wireless communication facility shall routinely and regularly inspect the site to ensure compliance with the standards set forth in the permit.
K. Any substantial modification, removal or relocation of a wireless communication facility shall require submittal, review, and approval of a wireless communication facility permit pursuant to this chapter to the satisfaction of the Director of Development Services.
L. The owner or operator of a wireless communication facility shall remove, at its sole responsibility and expense, all portions a wireless communication facility and restore the existing support structure to its original condition, subject to approval of the Director of Development Services, within 60 days of ceasing operation of the permitted wireless communication facility.
M. The owner or operator of a wireless communication facility shall be required to modify, remove, or relocate its facility, or portion thereof, without cost or expense to the City, within 60 days of the City’s notice, if and when made necessary, in the City’s discretion, by:
1. Any public improvement project, including, but not limited to, the construction, maintenance, or operation of any underground or aboveground facilities including but not limited to sewers, storm drains, conduits, gas, water, electric, or other utility systems or pipes owned by the City or any other public agency; 17 of 19
February 6, 2024, Item #6
Ordinance No. 864
5 of 7
Poway Municipal Code
Chapter 17.56 WIRELESS COMMUNICATION
FACILITIES
2. Any abandonment of any street, sidewalk, or other public facility;
3. Any change of grade, alignment or width of any street, sidewalk, or other public facility; or
4. A determination by the Director of Development Services that the wireless communication facility has become a risk to public health, safety, welfare, or the public’s use of the public right -of-way.
N. In the case of an emergency or other similar exigent circumstances where the facility poses a threat of bodily harm, death, or harm to real property, or otherwise creates a safety hazard, the City may modify, remove, or relocate a wireless communication facility without prior notice to the applicant provided the applicant is notified within 30 days thereafter. The City shall make a reasonable attempt to contact the applicant prior to such emergency removal. (Ord. 829 § 2, 2019)
17.56.090 Objective siting requirements.
A. In furtherance of the City’s goals to underground existing utilities throughout the City, wireless communication facilities shall not be located on existing overhead utility poles or lines, as set forth in PMC 17.56.020(D).
B. The applicant must make all commercially reasonable efforts to co-locate wireless communication facilities on existing support structures that already support other wireless communication facilities. If such co- location is not feasible, the applicant must provide the documentation required by PMC 17.56.060(D). In the event co -location is not feasible, the applicant must design the wireless communication facility in such a way that co- location of at least one additional wireless communication facility is feasible on the same support structure in the future.
C. The preferred support structure for all wireless communication facilities is existing street lights, or other qualified existing support structures. The applicant must make all commercially reasonable efforts to utilize a street light or other qualified existing support structure. If a new or replacement support structure is required, the applicant must provide the documentation required by PMC 17.56.060(D) demonstrating the same to the satisfaction of the Director of Development Services. Further, the applicant must explore and document the infeasibility of a replacement support structure before a wireless communication facility requiring a new support structure will be approved.
D. Required Setbacks for New Support Structures, Replacement Support Structures and Equipment and Accessory Structures Associated with a Wireless Communication Facility.
1. All portions of a wireless communication facility must be set back a minimum of 48 inches from any traffic signal facilities.
2. The setback for all portions of a wireless communication facility from any tree shall be a minimum of 48 inches, unless a qualified arborist can demonstrate to the satisfaction of the Director of Development Services that a lesser setback would not harm the tree.
3. A minimum of four feet of pedestrian clearance from any portion of a wireless communication facility, free of all obstacles for an unobstructed walkway, must be maintained at all times.
4. All portions of a wireless communication facility must be set back a minimum of seven feet from any fire hydrant, driveway, curb ramp or blue zone parking space.
5. Replacement support structures shall be located a maximum of five feet from the structure they replace.
However, if the applicant can demonstrate that this limit would cause the facility to physically interfere with existing underground utilities, this distance can be expanded to no more than 10 feet.
6. All new support structures and replacement support structures shall provide the same setbacks as adjacent structures of a similar style. However, if the applicant can demonstrate that this limit would cause the facility to physically interfere with existing underground utilities, the setback can be modified, provided the facility otherwise complies with setback regulations set forth in this subsection D and all pertinent laws and regulations, including, but not limited to, the Americans with Disabilities Act.
7. Any new support structure must be located a minimum of 50 feet away from any residential structure, and shall not be located along the street frontage adjacent to any school, daycare center, recreational area or park. 18 of 19
February 6, 2024, Item #6
Ordinance No. 864
6 of 7
Poway Municipal Code
Chapter 17.56 WIRELESS COMMUNICATION
FACILITIES
New support structures may not be located within 75 feet of any pre-existing vertical infrastructure exceeding 10 feet in height or any preexisting wireless communication facility, as measured along a horizontal line between the closest points of the subject piece of infrastructure and closest portion of the proposed wireless communication facility. (Ord. 829 § 2, 2019)
17.56.100 Large wireless communication facilities.
The Director of Development Services may, in his or her discretion, impose additional requirements and restrictions on wireless communication facilities where the antenna exceeds three cubic feet in volume, where all other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, exceeds 28 cubic feet in volume, or otherwise do not meet the definition of “small wireless facility” set forth in applicable Federal regulations. (Ord. 829 § 2, 2019)
17.56.110 Preemption and severability.
Notwithstanding any other provision of this chapter to the contrary, an applicant may request an exemption to excuse it from having to comply with any portion of this chapter on the grounds that the requirement or action taken by the City would violate State or Federal law. The City shall grant the exemption or excuse an applicant from compliance with all or a portion of this chapter, if it finds based on substantial evidence in the record that the challenged requirement or action is, in fact, preempted by State or Federal law. Such an exemption shall not affect the enforceability of the remainder of this chapter. If any provision of this chapter is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, it shall be deemed severable from, and shall in no way affect the validity or enforceability of, the remaining provisions of this chapter, which shall be enforced to the fullest extent possible. (Ord. 829 § 2, 2019)
17.56.120 Reservation of rights to review permit.
The City reserves the right to reconsider the permit at the end of a 10-year time period from the date of the original permit approval. Reconsideration items to be reviewed may include, but are not limited to, conformance with all objective standards, availability of new technologies, conformance with the objective concealment standards imposed on the facility, operation of applicable radio frequency standards and regulations (as they may be amended from time to time), and compliance with Federal, State and local regulations, including the City’s noise ordinance. (Ord. 829 § 2, 2019)
17.56.130 Batch Broadband Permit Processin g
A. City Staff shall not accept for processing any batch broadband permit t hat contain over 25 separate wireless communication facilities.
B. City Staff will reject any permit in a batch application that is not substantially similar to the others in such application.
C. For each permit over one (1), the applicant shall file a separate amendment to the permit defining the location of the broadband project and what differences in design or construction exist between the additional broadband project and the original broadband project.
D. Applicant shall be notified of approval within a presumptively reasonable time or in a time mutually agreed upon by the City and the applicant, whichever is later.
19 of 19
February 6, 2024, Item #6
Ordinance No. 864
7 of 7
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
February 6, 2024
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services /"'1A
Hector Salgado, Senior Planner ~,, S ·
858-668-4656 or [email protected]
CITY COUNCIL
Tentative Tract Map (TTM) 23-0001; a request for approval of the second one year time extension for a previously approved subdivision (TTM 18-005) The City Council's approval of Tentative Tract Map (TTM) 18-005, known as the Crest Road Estates project, was set to expire on December 15, 2023. Prior to the expiration, the applicant requested a second one-year time extension to allow for additional time to complete the processing requirements for a Final Map. This project will be deemed expired unless the time extension request is approved.
Recommended Action:
It is recommended the City Council take public input, close the public hearing, and adopt the Resolution (Attachment A) approving a second one-year time extension of the approval for TTM 18- 005.
Discussion:
The applicant is Bill Yen. The project site consists of two parcels totaling 1.7 acres located north of Poway Road, south of Crest Road and west of Oak Knoll Drive at 12102 and 12118 Poway Road. The properties are located in the RS-7 zone within the Very High Fire Hazard Area (VHFHA). The project location and zoning map is included as Attachment B. Each existing parcel is currently developed with a single-family home accessed via separate driveways off Poway Road to the south . The properties also border Crest Road to the north, with no driveway access. The project site is immediately surrounded by single-family residential properties, except to the east which is the site of Filippi's Pizza Grotto. On December 15, 2020, the City Council approved TTM 18-005, which subdivides the two parcels into six lots ranging in size from 9,400 square feet up to 11,400 square feet in net area as shown on Attachment C. No changes are proposed to the approved lot configuration.
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 the City Council. Section 16.10.080 of the PMC allows for a total of five one-year extensions. The first one-year time extension was approved on January 17, 2023. The application for the second time extension request was submitted prior to the expiration date of the application and therefore the 1 of 9
February 6, 2024, Item #7
time extension can be granted.
The applicant needs 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. 20-095 will remain in full force and in effect. The project will be required to comply with all current regulations for landscaping and stormwater requirements. No new Conditions of Approval are recommended. With approval of this extension request, the TIM approval will be extended to December 15, 2024.
Environmental Review:
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.
Fiscal Impact:
None.
Public Notification:
A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, January 25, 2024.
A public notice was mailed to property owners and occupants located within 500 feet of the project site.
Attachments:
A. Resolution
B. Zoning and Location Map
C. Approved TIM
Reviewed/Approved By:
Assistant City Manager
2 of9
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Chris Hazeltine
City Manager
February 6, 2024, Item #7
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING TENTATIVE TRACT MAP
23-0001; A SECOND ONE-YEAR TIME EXTENSION OF THE
APPROVAL FOR TENTATIVE TRACT MAP 18-005,
ASSESSOR 'S PARCEL NUMBERS 316-120-18 AND 316-120-25
WHEREAS, on December 15, 2020, the City Council approved Tentative Tract Map (TTM) 18-005; a request to subdivide two parcels totaling 1. 7 acres into six single-family residential lots located at 12102 and 12118 Poway Road, in the Residential Single Family-? (RS-7) zone (Project hereinafter);
WHEREAS , pursuant to Section 16.10.080 of the Poway Municipal Code (PMC), the City Council in January 2023 approved the first one-year time extension, which resulted in extending the expiration date of TTM 18-005 to December 15, 2023; WHEREAS, the applicant has submitted on September 11, 2023, a request pursuant to Section 16.10.080 of the PMC, for a second one-year time extension of the project approval which extends the expiration date by 60 days, to February 13, 2024 (Government Code 66452.6(e)); WHEREAS, on February 6, 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. 20-095 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 23-0001, as shown on the approved tentative map on file with the Development Services Department. This approval includes the approval of a second time extension of TTM 18-005 for one year from December 15, 2023, to December 15, 2024.
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 9 ATTACHMENT A
February 6, 2024, Item #7
Resolution No. 24-
PASSED , ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 6th day of February, 2024 by the following vote, to wit:
AYES:
NOES:
ABSTAINED :
ABSENT:
DISQUALIFIED :
Steve Vaus , Mayor
ATTEST:
Carrie Gallagher , CMC, City Clerk
4 of9
February 6, 2024, Item #7
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5 of 9
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W01719
February 6, 2024, Item #7
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PQ RT City of Poway
February 6, 2024
Honorable Mayor and Members of the City Council
Alan Fenstermacher, City Attorney
[email protected]
Alan Fenstermacher, City Attorney
[email protected]
CITY COUNCIL
Specific Plan Amendment (SPA) 24-0001, a request to amend the South Poway Specific Plan to add "Battery Storage Facilities" and "Battery Energy Storage Systems" as conditionally permitt~d uses in the Light Industrial (LI) land use designation
The South Poway Specific Plan (SPSP or Specific Plan) generally governs land use in the City's business park. The City has received numerous applications for privately owned battery storage uses in the Specific Plan area over the past several years. To date, City staff has considered these uses permitted in the Specific Plan's Light Industrial (LI) land use designation. After further analysis of these types of projects, City staff is recommending the Specific Plan be amended to add the specifically defined terms "Battery Storage Facility'' and "Battery Energy Storage System," and make these uses conditionally permitted in the LI land use designation.
Recommended Action:
It is recommended the City Council adopt the attached Resolution (Attachment A) to amend the Specific Plan to add "Battery Storage Facility'' as a specifically defined use that will be conditionally permitted in the Specific Plan's LI land use designation. If approved, new applications for battery storage uses in the Specific Plan area would require the discretionary approval of a conditional use permit (CUP) by the City Council.
Discussion:
Battery storage facilities are a relatively new use that is becoming more prevalent in the region, with the City specifically receiving three applications for such uses in the Specific Plan area in the past several years, two of which are currently pending. Generally, these uses consist of lithium-ion batteries installed in racks inside a building with other related equipment, which receive and store energy for public electric utilities (i.e., SDG&E), pursuant to a private contract between the battery storage facility owner or operator and the utility. These projects typically involve a very limited number of permanent on-site employees (if any), generate a limited amount of traffic, and require construction of generational tie (gen-tie) lines from the project site to the applicable utility substation. 1 of24 February 6, 2024, Item #8
Given that this use is relatively new and was not contemplated when the SPSP was originally drafted and adopted, battery storage facilities do not cleanly fit within any existing use category. To date, staff has been processing these projects as "public utility electric transmission and distribution substations," which is a permitted use in the LI land use designation with staff level approval of a development review (DR). However, these are privately owned and managed facilities.
In reviewing the history of the SPSP dating back to the 1980s, there was a focus on employment generating uses. The goal was to create a vibrant employment center providing high quality industrial parks, limited industrial uses and commercial office uses to support those businesses. It was envisioned these type of land uses would provide high quality jobs making it possible for business owners and employees to live and work in the City of Poway. It is through this lens that staff evaluated battery storage facilities in the SPSP and is recommending an amendment to the SPSP which would categorize battery storage facilities as a conditionally permitted use, rather than a permitted use. This would provide the City Council with the opportunity to review each proposed battery storage project and determine whether or not they fit within the vision of the SPSP.
Should the City Council approve the proposed Resolution, all new battery storage projects in the LI area of the SPSP would need the City Council's approval of a CUP, in addition to approval of a DR. The CUP addresses the use and the DR addresses the exterior improvements. Both would be considered together by the City Council. The CUP process would allow the City Council to impose conditions of approval that would mitigate potential unique impacts on battery storage uses (i.e., potential health and safety impacts), as well as to decline to approve such projects if the location is not appropriate, or for a number of other reasons in the City Council's discretion.
Finally, as currently drafted, the Resolution would not impact proposed battery storage projects that have already been submitted to the City and are either already approved, or are being processed by City staff.
Environmental Review:
The proposed Specific Plan Amendment is not a "project" subject to California Environmental Quality Act (CEQA). Any specific battery storage facility projects proposed in the Specific Plan area will be required to undergo CEQA review, unless exempt, in connection with obtaining a CUP. The approval of a CUP is discretionary entitlement that is considered a "project" under CEQA.
Fiscal Impact:
None.
Public Notification:
A Notice for Public Hearing was published in the Poway News Chieftain on Thursday,January 25, 2024.
A public notice was mailed to property owners and occupants located within the SPSP area and within 500 feet of the boundaries of the SPSP area.
Attachments:
A. Resolution
2 of24 February 6, 2024, Item #8
Reviewed/Approved By: Reviewed By: Approved By:
~, ~ ~ ~ !Sr'·-::J Jf,-_ -,
Alan Fenstermacher Chris Hazeltine
Assistant City Manager City Attorney City Manager
3 of24 February 6, 2024, Item #8
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING SPECIFIC PLAN
AMENDMENT 24-0001, A REQUEST TO AMEND THE SOUTH
POWAY SPECIFIC PLAN TO ALLOW BATTERY STORAGE
FACILITIES AND BATTERY ENERGY STORAGE SYSTEMS AS
CONDITIONALLY PERMITTED USES IN THE LIGHT
INDUSTRIAL LAND USE DESIGNATION
WHEREAS, the City of Poway wishes to protect and preserve the public safety, health, welfare, and quality of development within the South Poway Specific Plan (Specific Plan) area, as well as the quality of life throughout the City, through effective land use and planning; WHEREAS, Chapter 17.47 (Specific Plan Regulations) of Title 17 (Zoning Development Code) of the Poway Municipal Code (PMC) provides for the preparation, adoption and amendment of specific plans in accordance with section 65450, et seq., of the California Government Code (Article 8, Specific Plans);
WHEREAS, the City has received several applications for battery storage uses in the Specific Plan area over the past several years, which is a relatively new use that is not specifically defined in the Specific Plan;
WHEREAS, the City i5" aware of the potential dangers associated with certain battery storage uses, including risk of catastrophic fire, such as the reports of: (i) a fire aboard the Conception, a commercial scuba diving vessel, that killed 34 of the 39 people on board and was caused by a charging lithium-ion battery; (ii) an explosion at a 2-MW battery storage facility in Surprise, Arizona, which injured four firefighters; and (iii) a fire at a battery factory producing lithium-ion batteries in Richmond, Kentucky;
WHEREAS, currently, battery storage facilities are not a specifically designated use within the Specific Plan land use table, and to date, City staff has interpreted the existing "public utility electric transmission and distribution substations" to include private battery storage projects, which is a permitted use in the Specific Plan's Light Industrial land use designation; WHEREAS, after further study, the City wishes to make battery storage facilities a conditionally permitted use within the Light Industrial designation of the Specific Plan in order to impose conditions specific to, and to mitigate, potential unique impacts of battery storage projects, as well as provide the City Council with discretion to deny approval where such projects are proposed in inappropriate locations or for a variety of other reasons; and WHEREAS, California Environmental Quality Act (CEQA) does not apply to this Specific Plan amendment, because it is not a "project" and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. (Cal. Pub. Res Code §21065; 14 Cal. Code Regs. § 15378.) Further, this Resolution is exempt from CEQA because there is no possibility that this resolution or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. § 15061 (b)(3)). 4 of24 ATTACHMENT A February 6, 2024, Item #8
Resolution No. 24-
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 amends Table 1 - Industrial Park and Light Industrial Use Matrix, found on pages 32 to 38 of the Specific Plan, as shown in red line and clean version on Exhibits A and §. hereto.
SECTION 3: The following definitions are added to Chapter 2 - Definitions, on Specific Plan, page 2, as follows:
"Battery Energy Storage System" means one more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone 12 -volt car battery or an electric motor vehicle. "Battery Storage Facility" means a structure or facility in which one or more battery cells, used for storing electrical energy to supply outside of the facility at a later time, is housed, including the use of a Battery Energy Storage System. Battery Storage Facilities are typically privately owned and operated but have contracts to store and/or provide electrical energy to regulated public utilities.
SECTION 4: The City Council finds that this Specific Plan Amendment is consistent with the purposes of PMC Chapter 17.47 - Specific Plan Regulations, the City's General Plan, and all other development policies of the City.
SECTION 5: This Resolution shall take effect upon the date of its adoption but shall not apply to any battery storage projects in the Specific Plan area where a complete application has been filed with the City.
5 of24
II
II
II
II
II
II
II
II
II
II
II
II
February 6, 2024, Item #8
Resolution No. 24-
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 6th day of February, 2024, by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
6 of24 February 6, 2024, Item #8
7 of24
Exhibit A
Resolution No. 24-
Table 1 - Industrial Park and Light Industrial Use Matrix (Redline) February 6, 2024, Item #8
A.
1. 2.
3. 8 of24
Resolution No. 24-
TABLE 1 - INDUSTRIAL PARK AND LIGHT INDUSTRIAL USE MATRIX USE IP Llor
LI/S
MANUFACTURING
Agricultural packinghouses, metal forging, fireworks/ X X explosives, refining, rendering, hazardous
chemicals/materials manufacturing, tire retreading,
recapping, and manufacturing, mobile home
manufacturing, paint manufacturing, stockyards or
slaughter of animals.
Custom Manufacturing. Activities typically include, but are p p not limited to: manufacturing, processing, assembling,
packaging, treatment or fabrication of custom made
products. These types of business establishments do not utilize raw materials for their finished products, but rather, may utilize semi-finished type of manufactured materials for their custom made-to-order products. The finished
products from these business establishments are ready for use or consumption. Such uses may include, but are not
limited to: jewelry; household furniture; art objects; apparel products; small instruments (musical, electrical or
photographic); stationery, and related products; signs and advertising displays; stained glass products; leather
products; and assembly of bicycle parts. The uses do not produce odors, noise, vibration or particulates that would adversely affect uses in the same structure or on the same site.
Light Manufacturing. Activities typically include, but are not p p limited to: labor-intensive manufacturing, assembly,
fabrication or repair processes that do not involve large container truck traffic or the transport of large-scale bulky products. The new product may be finished in the sense
that it is ready for use or consumption or it may be semi- finished to become a component for further assembly and packaging. Such uses may include, but are not limited to:
electronic microchip assembly; printing, publishing, and allied industries; candy and other confectionery products; bottled or canned soft drinks and carbonated water;
apparel and other finished products; paper board
containers and boxes; drugs; small fabricated metal
products such as hand tools, general hardware,
architectural and ornamental metal work and tovs,
February 6, 2024, Item #8
4. B.
1. 2.
3. 9 of24
Resolution No. 24-
TABLE 1 - INDUSTRIAL PARK AND LIGHT INDUSTRIAL USE MATRIX USE IP Llor
LI/S
amusement, sports and athletics goods. The activities do not produce odors, noise, vibration, hazardous waste
materials, or particulates that would adversely affect other uses in the structure or on the same site.
Medium Manufacturing. Activities typically include, but are X p not limited to: manufacturing, compounding of materials, processing, assembly, packaging, treatment or fabrication of materials and products that require frequent large
container truck traffic, or the transport of heavy, bulky items. The new products are semi-finished to be a
component for further manufacturing, fabrication, and
assembly. Such uses may include, but are not limited to:
canned food; textile products; furniture and fixtures; , converted paper and paper board products; plastic
products made from purchased rubber, plastic or resin;
fabricated metal products made from sheet metal;
electrical and electronic machinery, equipment and
supplies; and office, computing, and accounting machines.
These activities may produce noise, odors, vibrations,
illumination or particulates that affect the persons
conducting business in the vicinity.
OFFICE PROFESSIONAL, DESIGN AND RESEARCH
Administrative and Office. Activities typically include, but p X are not limited to: executive management, administrative or clerical uses of private, profit-oriented firms other than _public utility firms. Uses typically include, but are not limited to: corporate headquarters, branch offices, and data storage centers.
Contractor's offices with no storage of equipment or trucks. p p Professional and Design Services. Activities typically p X include, but are not limited to: the provision of advice, design, information or consultation of a professional
nature. Uses typically include, but are not limited to:
architects, engineers, lawyers, accountant and advertising offices, and a planning or educational research service.
Excluded are dental, medical, and chiropractic offices.
February 6, 2024, Item #8
4. C.
1. 2.
3. 4.
5. 10 of 24
,
Resolution No. 24-
TABLE 1 - INDUSTRIAL PARK AND LIGHT INDUSTRIAL USE MATRIX USE IP Llor
LI/S
Research Services. Activities typically include, but are not p p limited to: research, design, analysis, development and/or testing of a product. Uses typically include, but are not limited to: testing laboratories, acoustical chambers, wind tunnels, and mainframe computer services. Such uses do
not promote odors, noise, vibration or particulates that would adversely affect uses in the same structure or on the same site.
WHOLESALE STORAGE AND DISTRIBUTION
Auction houses. X C
Bulk oil/fuel storage tanks. C C
Light Wholesale, Storage and Distribution . Activities p p typically include, but are not limited to: wholesaling, storage and warehousing services and storage and
wholesale to retailers from the premises of finished goods and food products, excluding hazardous materials, fuels or chemicals. Activities under this classification shall be conducted in enclosed buildings and occupy fifty thousand (50,000) square feet or less of building space.
Medium Wholesale, Storage and Distribution . Activities X p typically include, but are not limited to: wholesale, storage , and warehousing services; moving and storage services;
storage and wholesaling of finished goods and food
products from the premises to retailers; and distribution facilities for large-scale retail firms, and excluding
hazardous materials, fuels or chemicals. Activities under this classification shall be conducted in enclosed buildings and occupy greater than fifty thousand (50,000) square
feet of building space. Included are multi-tenant and
speculative buildings with over fifty thousand (50,000) square feet of warehouse space.
Public Storage. Activities include mini-warehouse with or • X p without ancillary recreational vehicle storage, for the rental or lease of small-scale, enclosed storage units, and/ or parking spaces, primarily to individuals rather than firms or organizations. Activities to store household items, other February 6, 2024, Item #8
6. 7.
8. 9.
10. D.
1. 2.
3. E.
1. 11 of 24
Resolution No. 24-
TABLE 1 - INDUSTRIAL PARK AND LIGHT INDUSTRIAL USE MATRIX USE IP LI or
LI/S
than storage operations, are not allowed on the premises.
Where twenty-four hour on-site surveillance is necessary, a caretaker's residence may be permitted when approved
with a conditional use permit.
Outdoor storage, including, but not limited to, contractors' X p yards subject to the standards contained in Section IV.C.8 of this Chapter.
Storage of fuels and hazardous chemicals shall be p p
permitted subject to City of Poway regulations where such storage is necessary to support the primary use on-site. No warehousing or distribution of fuel or hazardous chemicals shall be permitted except as otherwise permitted in this section.
Truck or automobile fleet storage. M M
Warehousing or distribution of hazardous materials/ X C chemicals, fuels, warehoused and distributed as packaged when received.
Wholesale bakeries. X p
MATERIALS RECOVERY FACILITIES
Asphalt concrete batch plants (except as temporary uses X X as described in Volume One and as otherwise permitted
herein).
Cement products, ready-mix plants, asphalt batch plants p p as temporary uses as called out in the Gravel Resources section of the South Poway Planned Community
Development Plan (Volume 1 ).
Temporary sand and gravel aggregate processing facilities M M for processing materials during rough grading operations.
CIVIC USES
Bicycle trails, pedestrian/jogging trails and staging areas, p p public transit stops.
February 6, 2024, Item #8
2. 3.
4. 5.
6. F.
1. 2.
3. 4.
5. 12 of 24
Resolution No. 24-
TABLE 1 - INDUSTRIAL PARK AND LIGHT INDUSTRIAL USE MATRIX USE IP Llor
LI/S
City governmental services and facilities such as fire p p stations, firefighting training towers, police stations and other facilities.
Cogeneration plants producing 2 mega-watts or less. p p Day care center. C C
Other governmental services and facilities. C C
Public utility electric transmission and distribution X p substations.
COMMERCIAL USES
Automotive and truck repair -major, provided all activities X C and storage occur within an enclosed building unless the property has a land use designation of Light
Industrial/Storage (LI/S).
Building material/lumber yards, contractors' yards, X C provided the property has a land use designation of Light Industrial/Storage (LI/S).
Commercial uses except for Industrial Support Services for X X up to 10 percent of the gross floor area of each building, or Retail Outlets as an accessory use for up to 25 percent of the gross floor area of each building.
Commercial laundries. X p
Industrial Support Services. These support services shall p p not occupy a freestanding structure, shall be oriented away from the major public right-of-way, and shall support the primary tenant of the building or be local-serving uses. The permitted support services include; data processing
services; office furniture and office equipment display, sales and service; cleaning and dying works, laundry and dry cleaners; certified public accountants, tax accountants, engineers, surveyors, drafting, blueprinting and
photocopying, commercial printers, office supply
establishment, including stationer, addressing, secretarial and telephone answerinq services; pharmacies (sale of
February 6, 2024, Item #8
6. 7.
8. 9.
10. 11 .
G.
1. 2.
3. 13 of 24
Resolution No. 24-
TABLE 1 - INDUSTRIAL PARK AND LIGHT INDUSTRIAL USE MATRIX USE IP LI or
LI/S
drugs, medicine and medical supplies only); medical
appliance sales; restaurants; and travel bureaus .
Music recording/rehearsal studios X p
Recreation vehicle , motorcycle , off-road vehicle, and X C watercraft sales and ancillary service (not including
automotive vehicle sales).
Sales, rental, or repairs of prefabricated structures X C provided the property is designated Light Industrial/Storage (LI/S).
Trade schools (all activities shall occur within an enclosed p p building).
Wireless communications facility:
a. Monopole. C C
b. Roof mounted , greater than six feet in height or no C C screening provided.
C. Fa9ade-mounted to an existing building or water p p
reservoir or roof-mounted less than six feet in height
and screened from view. Subject to the approval of
a Minor Development Review Permit pursuant to
Chapter 17.52 of the Poway Municipal Code.
Battery Storage Facility X C -
RECREATIONAL USES
Athletic and health club. X C
Indoor recreational uses within a building of 5,000 square M M feet r less, (except athletic and health clubs) such as batting cages, archery ranges and marksman ranges.
Indoor recreational uses within a building of over 5,000 C C square feet (except athletic and health clubs).
February 6, 2024, Item #8
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TABLE 1 - INDUSTRIAL PARK AND LIGHT INDUSTRIAL USE MATRIX USE IP LI or
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Sports facilities and parks. C C
Golf practice facility/micro golf course. X C
Outdoor amphitheater. X X
RESIDENTIAL AND INSTITUTIONAL USES
Churches. X X
Clubs and lodges. X X
Convalescent care facilities. X X
Hospitals. X X
Hotels or motels and similar uses offering lodging to X X guests.
Mobile home parks. X X
Residential dwellings. X X
School, public or private (excluding trade school). X X
ACCESSORY USES
The following on-premise accessory uses shall be
permitted as shown below:
a. In-plant cafeteria, gymnasium/showers and day care p p facilities that are only intended to serve employees
and others affiliated with the primary uses of the
premises.
b. Retail Outlets for research, development , p p
manufacturing or warehouse uses where such retail
use is accessory to the primary industrial use and
does not exceed 25 percent of the gross floor area
of each building. These retail outlets shall not
occupy a freestanding structure and shall support
the primary tenant of the building.
February 6, 2024, Item #8
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TABLE 1 - INDUSTRIAL PARK AND LIGHT INDUSTRIAL USE MATRIX USE IP LI or
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C. Pushcarts for sale of such items as coffee, ice M M
cream, hot dogs and popcorn located on private
property.
d. Gas regulators and communications equipment p p
buildings developed in accordance with
development plans approved for the parcel.
February 6, 2024, Item #8
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Exhibit B
Resolution No. 24-
Table 1 - Industrial Park and Light Industrial Use Matrix (Clean) February 6, 2024, Item #8
A.
1. 2.
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Resolution No. 24-
TABLE 1 - INDUSTRIAL PARK AND LIGHT INDUSTRIAL USE MATRIX USE IP LI or
LI/S
MANUFACTURING
Agricultural packinghouses, metal forging, fireworks/ X X explosives, refining, rendering, hazardous
chemicals/materials manufacturing , tire retreading,
recapping, and manufacturing, mobile home
manufacturing, paint manufacturing, stockyards or
slaughter of animals .
Custom Manufacturing. Activities typically include, but are p p not limited to: manufacturing, processing, assembling,
packaging, treatment or fabrication of custom made
products . These types of business establishments do not utilize raw materials for their finished products, but rather, may utilize semi-finished type of manufactured materials for their custom made-to-order products. The finished
products from these business establishments are ready for use or consumption. Such uses may include, but are not
limited to: jewelry; household furniture; art objects; apparel products; small instruments (musical, electrical or
photographic); stationery, and related products; signs and advertising displays; stained glass products; leather
products; and assembly of bicycle parts. The uses do not produce odors, noise, vibration or particulates that would adversely affect uses in the same structure or on the same site.
Light Manufacturing. Activities typically include, but are not p p limited to: labor-intensive manufacturing, assembly,
fabrication or repair processes that do not involve large container truck traffic or the transport of large-scale bulky products. The new product may be finished in the sense
that it is ready for use or consumption or it may be semi- finished to become a component for further assembly and packaging. Such uses may include, but are not limited to:
electronic microchip assembly; printing, publishing, and allied industries; candy and other confectionery products; bottled or canned soft drinks and carbonated water;
apparel and other finished products; paper board
containers and boxes; drugs; small fabricated metal
products such as hand tools, general hardware,
architectural and ornamental metal work and tovs,
February 6, 2024, Item #8
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Resolution No. 24-
TABLE 1 - INDUSTRIAL PARK AND LIGHT INDUSTRIAL USE MATRIX USE IP Llor
LI/S
amusement, sports and athletics goods. The activities do not produce odors, noise, vibration, hazardous waste
materials, or particulates that would adversely affect other uses in the structure or on the same site.
Medium Manufacturing . Activities typically include, but are X p not limited to: manufacturing, compounding of materials, processing, assembly, packaging, treatment or fabrication of materials and products that require frequent large
container truck traffic, or the transport of heavy, bulky items. The new products are semi-finished to be a
component for further manufacturing, fabrication, and
assembly . Such uses may include, but are not limited to:
canned food; textile products; furniture and fixtures;
converted paper and paper board products; plastic
products made from purchased rubber, plastic or resin;
fabricated metal products made from sheet metal;
electrical and electronic machinery, equipment and
supplies; and office, computing, and accounting machines.
These activities may produce noise, odors, vibrations,
illumination or particulates that affect the persons
conducting business in the vicinity.
OFFICE PROFESSIONAL, DESIGN AND RESEARCH
Administrative and Office. Activities typically include, but p X are not limited to: executive management, administrative or clerical uses of private, profit-oriented firms other than public utility firms . Uses typically include, but are not limited to: corporate headquarters, branch offices, and data storage centers.
Contractor's offices with no storage of equipment or trucks. p p Professional and Design Services. Activities typically p X include, but are not limited to: the provision of advice, design, information or consultation of a professional
nature. Uses typically include, but are not limited to:
architects, engineers, lawyers, accountant and advertising offices, and a planning or educational research service .
Excluded are dental, medical, and chiropractic offices .
February 6, 2024, Item #8
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Resolution No. 24-
TABLE 1 - INDUSTRIAL PARK AND LIGHT INDUSTRIAL USE MATRIX USE IP LI or
LI/S
Research Services. Activities typically include, but are not p p limited to: research, design, analysis, development and/or testing of a product. Uses typically include, but are not limited to: testing laboratories, acoustical chambers, wind tunnels, and mainframe computer services. Such uses do
not promote odors, noise, vibration or particulates that would adversely affect uses in the same structure or on the same site.
WHOLESALE STORAGE AND DISTRIBUTION
Auction houses. X C
Bulk oil/fuel storage tanks. C C
Light Wholesale, Storage and Distribution. Activities p p typically include, but are not limited to: wholesaling, storage and warehousing services and storage and
wholesale to retailers from the premises of finished goods and food products, excluding hazardous materials, fuels or chemicals. Activities under this classification shall be conducted in enclosed buildings and occupy fifty thousand (50,000) square feet or less of building space.
Medium Wholesale, Storage and Distribution. Activities X p typically include, but are not limited to: wholesale, storage, and warehousing services; moving and storage services;
storage and wholesaling of finished goods and food
products from the premises to retailers; and distribution facilities for large-scale retail firms, and excluding
hazardous materials, fuels or chemicals. Activities under this classification shall be conducted in enclosed buildings and occupy greater than fifty thousand (50,000) square
feet of building space . Included are multi-tenant and
speculative buildings with over fifty thousand (50,000) square feet of warehouse space.
Public Storage . Activities include mini-warehouse with or X p without ancillary recreational vehicle storage, for the rental or lease of small-scale, enclosed storage units, and/ or parking spaces, primarily to individuals rather than firms or organizations . Activities to store household items, other February 6, 2024, Item #8
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Resolution No. 24-
TABLE 1 - INDUSTRIAL PARK AND LIGHT INDUSTRIAL USE MATRIX USE IP LI or
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than storage operations, are not allowed on the premises.
Where twenty-four hour on-site surveillance is necessary, a caretaker's residence may be permitted when approved
with a conditional use permit.
Outdoor storage, including, but not limited to, contractors' X p yards subject to the standards contained in Section IV.C.8 of this Chapter.
Storage of fuels and hazardous chemicals shall be p p
permitted subject to City of Poway regulations where such storage is necessary to support the primary use on-site. No warehousing or distribution of fuel or hazardous chemicals shall be permitted except as otherwise permitted in this section.
Truck or automobile fleet storage. M M
Warehousing or distribution of hazardous materials/ X C chemicals, fuels, warehoused and distributed as packaged when received.
Wholesale bakeries. X p
MATERIALS RECOVERY FACILITIES
Asphalt concrete batch plants (except as temporary uses X X as described in Volume One and as otherwise permitted
herein).
Cement products, ready-mix plants, asphalt batch plants p p as temporary uses as called out in the Gravel Resources section of the South Poway Planned Community
Development Plan (Volume 1 ).
Temporary sand and gravel aggregate processing facilities M M for processing materials during rough grading operations .
CIVIC USES
Bicycle trails, pedestrian/jogging trails and staging areas, p p public transit stops.
February 6, 2024, Item #8
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Resolution No. 24-
TABLE 1 - INDUSTRIAL PARK AND LIGHT INDUSTRIAL USE MATRIX USE IP LI or
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City governmental services and facilities such as fire p p stations, firefighting training towers, police stations and other facilities.
Cogeneration plants producing 2 mega-watts or less. p p Day care center. C C
Other governmental services and facilities. C C
Public utility electric transmission and distribution X p substations.
COMMERCIAL USES
Automotive and truck repair -major, provided all activities X C and storage occur within an enclosed building unless the property has a land use designation of Light
Industrial/Storage (LI/S).
Building material/lumber yards, contractors' yards, X C provided the property has a land use designation of Light Industrial/Storage (LI/S).
Commercial uses except for Industrial Support Services for X X up to 10 percent of the gross floor area of each building, or Retail Outlets as an accessory use for up to 25 percent of the gross floor area of each building.
Commercial laundries. X p
Industrial Support Services. These support services shall p p not occupy a freestanding structure, shall be oriented away from the major public right-of-way, and shall support the primary tenant of the building or be local-serving uses. The permitted support services include; data processing
services; office furniture and office equipment display, sales and service; cleaning and dying works, laundry and dry cleaners; certified public accountants, tax accountants, engineers, surveyors, drafting, blueprinting and
photocopying, commercial printers, office supply
establishment, including stationer, addressing, secretarial and telephone answering services; pharmacies (sale of
February 6, 2024, Item #8
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drugs, medicine and medical supplies only); medical
appliance sales; restaurants; and travel bureaus.
Music recording/rehearsal studios X p
Recreation vehicle, motorcycle, off-road vehicle, and X C watercraft sales and ancillary service (not including
automotive vehicle sales).
Sales, rental, or repairs of prefabricated structures X C provided the property is designated Light Industrial/Storage (LI/S).
Trade schools (all activities shall occur within an enclosed p p building).
Wireless communications facility:
a. Monopole. C C
b. Roof mounted, greater than six feet in height or no C C screening provided.
C. Fa9ade-mounted to an existing building or water p p
reservoir or roof-mounted less than six feet in height
and screened from view. Subject to the approval of
a Minor Development Review Permit pursuant to
Chapter 17.52 of the Poway Municipal Code.
Battery Storage Facility X C
RECREATIONAL USES
Athletic and health club. X C
Indoor recreational uses within a building of 5,000 square M M feet r less, (except athletic and health clubs) such as batting cages, archery ranges and marksman ranges.
Indoor recreational uses within a building of over 5,000 C C square feet (except athletic and health clubs).
February 6, 2024, Item #8
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Resolution No. 24-
TABLE 1 - INDUSTRIAL PARK AND LIGHT INDUSTRIAL USE MATRIX USE IP LI or
LI/S
Sports facilities and parks. C C
Golf practice facility/micro golf course. X C
Outdoor amphitheater. X X
RESIDENTIAL AND INSTITUTIONAL USES
Churches. X X
Clubs and lodges. X X
Convalescent care facilities. X X
Hospitals. X X
Hotels or motels and similar uses offering lodging to X X guests.
Mobile home parks. X X
Residential dwellings. X X
School, public or private (excluding trade school). X X
ACCESSORY USES
The following on-premise accessory uses shall be
permitted as shown below:
a. In-plant cafeteria, gymnasium/showers and day care p p facilities that are only intended to serve employees
and others affiliated with the primary uses of the
premises.
b. Retail Outlets for research, development, p p
manufacturing or warehouse uses where such retail
use is accessory to the primary industrial use and
does not exceed 25 percent of the gross floor area
of each building. These retail outlets shall not
occupy a freestanding structure and shall support
the primary tenant of the building .
February 6, 2024, Item #8
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Resolution No. 24-
TABLE 1 - INDUSTRIAL PARK AND LIGHT INDUSTRIAL USE MATRIX USE IP LI or
LI/S
C. Pushcarts for sale of such items as coffee, ice M M
cream, hot dogs and popcorn located on private
property.
d. Gas regulators and communications equipment p p
buildings developed in accordance with
development plans approved for the parcel.
February 6, 2024, Item #8
February 6, 2024, Item #9
DATE:
TO:
FROM:
SUBJECT:
Summary:
M EMQRAN DLJ M City of Poway
February 6, 2024
Members of the City Council
Mayor Steve Vaus
Minor Development Review Application for Residential Projects The development review and permitting process is guided by numerous requirements set forth in state, county and local laws. While the City does not have control over state and county laws, we do have the opportunity, and I would argue the responsibility, to regularly review processes set forth in the Poway Municipal Code (PMC) to see where there are opportunities to cut red tape, improve efficiencies and reduce unnecessary costs and time associated with the development process, particularly for individual property owners trying to build a single home, complete an addition, remodel, a detached accessory structure, or build an unlighted recreational court.
Currently, per the PMC, the following types of projects require the processing and approval of a Minor Development Review Application (MDRA) before a Building Permit application can be accepted by the City:
• A new single-family home. (Multiple new homes that are part of a tract housing project require a Development Review Application).
• A single-family home addition/remodel which results in 750 square feet, or more, of habitable space.
• A detached, non-habitable, accessory structure that exceeds 1,500 square feet on a residential lot less than 2 acres.
• Unlighted recreational courts.
• Additions to commercial buildings which are less than 10,000 square feet or 25 percent (25%) of the existing square footage, whichever is more restrictive. • Significant exterior renovations to commercial buildings. • Above ground public utility boxes that have a dimension of greater than 36 inches in any direction or any utility box within 100 feet of an existing utility box. • Other ground mounted equipment on commercial and industrial lots that are not enclosed within a wall or fence.
• Telecommunication facilities located within the South Poway Business Park.
While the MORA process is intended to help applicants by providing staff an opportunity to thoroughly review projects and identify potential issues prior to the building permit process, it results in additional costs to the applicant, requires additional staff time, provides little new 1 of 2
February 6, 2024, Item #9
information, and causes substantial delays in permit approval and construction. It is also fairly unique to Poway. My proposal is that we direct staff to bring forward proposed changes to the PMC to eliminate the MORA process for residential projects including the construction of a single home, additions, remodels, detached accessory structures, and unlighted recreational courts. The exception would be residential properties where habitat is identified by the City's Habitat Conservation · Plan (HCP). Those projects, along with commercial projects and telecommunication facilities would all remain subject to current MORA requirements in the PMC. Projects where cultural resources are identified may be subject to additional submittal and/or monitoring requirements and fees.
For projects eligible to skip the MORA process, applicants would still be required to submit all of the technical documents and plans required by the MORA process, however instead of doing that prior to application for a building permit, they would submit at the time of building permit application.
As part of the MORA process, courtesy notices are provided to neighbors 10 days prior to approval.
Should the MORA process be eliminated for residential projects this courtesy notification would no longer be provided, as the City does not provide advanced notice of approval of building permits. To do so would be overly burdensome.
Recommended Action:
Mayor Vaus requests concurrence to direct staff to bring forward recommendations for eliminating the MORA process for residential projects including a single home, additions, remodels and detached accessory structures, and unlighted recreational courts with the exception of projects with habitat as identified in the City's Habitat Conservation Plan (HCP).
Should these changes to the PMC be approved at a future City Council meeting, it is recommended . there be a one year look back following implementation to assess its impact on streamlining the development process.
Attachments:
None.
Reviewed/Approved By
w~ .~-
Assistant City Manager
2 of 2
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Chris Hazeltine
City Manager