Agenda packet — Poway City Council, February 20, 2024 (part 1 of 2)

AGENDA Poway City Council
Council Chamber I 13325 Civic Center Drive I Poway, CA I 92064 February 20, 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
Councilmember
Anita Edmondson
Councilmember
Brian Pepin
Councilmember
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. Award of Contract to Unified Field Services Corporation for the R-4 and R-7 Reservoir Rehabilitation Project, Bid No. 24-002, Appropriation of Additional Funds and Determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA)

3. Side Letter Amending the Memorandum of Understanding (MOU) between the City of Poway and Non-Safety Employees Represented by Teamsters, Local 9-1-1 to Change Certain Provisions of the Standby/Callback Program and Amendment to the Management/Confidential Employee Group Salary & Benefits Plan Document to Include the Standby/Callback Program for Eligible Supervisors ORDINANCES FOR INTRODUCTION: None
PUBLIC HEARINGS:

4. Variance (VAR) 23-0001 and Minor Development Review Application (MDRA) 23-0018 a request to construct a single-family residence and to allow the structure to observe a reduced front yard setback on a vacant lot located at 15157 Huntingtqn Court and determination the project is exempt from CEQA review pursuant to CEQA Guidelines section 15303 and 15305 City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing, and adopt the Resolution approving VAR 23-0001 and MDRA 23-0018. 2 of 4 Regular City Council Meeting February 20, 2024

5. Conditional Use Permit (CUP) 20-006/Minor Development Review Application (MDRA) 20-017, a request to construct and operate a wireless communication facility in the Creekside Plaza shopping center located at 13573 Poway Road, within the Commercial General district of the Poway Road Specific Plan and determination the project is exempt from CEQA review City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing, and adopt the Resolution approving CUP20-006 and MDRA20-017.

6. Conditional Use Permit (CUP) 23-0003, a request to install a new wireless communication facility on a replacement stadium light pole along with ground mounted ancillary equipment at Poway High School located at 15500 Espola Road within the Public Facility zone and a determination the project is exempt from CEQA review
City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing, and adopt the Resolution approving CUP23-0003.

STAFF REPORTS:

7. Resolution to Participate in the County of San Diego Agricultural and Livestock Pass Program City Manager's Recommendation: It is recommended the City Council approve the Resolution to participate in the County of San Diego Agricultural and Livestock Pass program.

8. Approval of Encroachment Agreement (EA) between the City of Poway and Pome BESS, LLC for Long Term Encroachment of the Public Right-of-Way for the installation of an underground Gen Tie (General Transmission) line
City Manager's Recommendation: It is recommended the City Council approve the Pome BESS Encroachment Agreement with Pome Bess, LLC and authorize the City Manager to execute the Agreement on behalf of the City, as well as make any minor modifications or take further action that may be necessary to effectuate the intent of the Encroachment Agreement.

WORKSHOPS: None
COUNCIL-INITIATED ITEMS: None
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: None
ADlOURNMENT:
3 of 4 Regular City Council Meeting February 20, 2024
State of California
County of San Diego
)
) ss.
)

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 February 13, 2024.

Said meeting to be held at 7:00 p.m., February 20, 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 20, 2024
February 20, 2024, Item #2
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
February 20, 2024
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services!,{),
< •'
Andrea Thomas, Associate Civil Engineer f4
(858) 668-4605 or [email protected] •

CITY COUNCIL
Award of Contract to Unified Field Services Corporation for the R-4 and R-7 Reservoir Rehabilitation Project, Bid No. 24-002, Appropriation of Additional Funds and Determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA)
This action will award a construction contract for the rehabilitation of two reservoirs, R-4 and R-7. The exterior of reservoir R-4 will be recoated and safety upgrades will be completed. The interior of reservoir R-7 will be recoated, structural repairs made, and safety upgrades completed.

Recommended Action:

It is recommended the City Council:
1) Award the contract for the R-4 and R-7 Reservoir Rehabilitation project to Unified Field Services Corporation, in the amount of $1,228,073.00 and authorize the City Manager to execute the contract (Attachment A);
2) Appropriate additional funds in the amount of $200,000.00 from the Water Fund (5100) for construction of the R-4 and R-7 Reservoir Rehab project (CIP #WT034); and 3) Make a determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA).

Discussion:

The R-4 and R-7 reservoirs have been identified as requiring rehabilitation of major components in the Water Distribution System Maintenance and Rehabilitation Assessment, published by Carollo Engineers in 2014. Reservoir R-4 will receive a new exterior coating, new vents, updated fall restraint systems, and a new liquid level indicator. Reservoir R-7 will receive a new interior coating, additional vent, roof rafter repairs and replacement, updated fall restraint systems, integrated overflow air gap, and a new cathodic protection system.

The contract time for this project is 90 working days with an engineer's estimate of $1,050,000.00.

Bids were opened on January 25, 2024. The following six bids were received:
1 of 11
February 20, 2024, Item #2
Company
Total
Bid
Amount
Unified
Field
Services
Corporation
$1,228,073.00
Utility
Service
Co.,
Inc.
$1,252,800.00
Advanced
Industrial
Services,
Inc
.
$1,285,150.00
AMP
United,
LLC
$1,506,420.00
Houalla
Enterprises
&
Metro
Builders
$1,965,813.00
Abhe
&
Svoboda,
Inc
.
$2,256,245.00
The
lowest
responsive
bidder,
Unified
Field
Services
Corporation,
is
recommended
for
the
award
of
this
contract.

Since
the
lowest
bid
is
higher
than
the
available
budget,
an
additional
appropriation
is
required. Environmental
Review:

The
proposed
project
is
Categorically
Exempt
from
CEQA
as
a Class
1 Categorical
Exemption,
pursuant
to
Section
15301
of
the
CEQA
Guidelines,
in
that
the
project
involves
the
rehabilitation
of
existing
potable
water
supply
reservoirs.

Fiscal
Impact:

Approval
of
this
item
will
result
in
an
additional
appropriation
of
$200,000.00
from
the
Water
Fund
(5100)
to
the
R-4
and
R-7
Reservoir
Rehabilitation
project
(WT034)
. There
is
$1,155,840.35
of
unencumbered
funds
currently
available
in
WT034
. The
revised
budget
of
$1,355,840.35
will
include
the
cost
for
the
construction
contract,
10%
construction
contingency
and
the
cost
for
required
special
inspections. Public
Notification:

None. Attachments: A.

Contract
Reviewed/Approved
By:
~~Ka~
Assistant
City
Manager
2 of
11 Reviewed
By:

Alan
Fenstermacher
City
Attorney
e
City
Manager
February 20, 2024, Item #2

SECTION
8 CONSTRUCTION

CONTRACT
CITY
OF
POWAY

RESERVOIR
R-4
AND
R-7

REHABILITATION
This
Contract
made
and
entered
into
this
__
day
of
_____
, 2024,
by
and
between
City
of
Poway
, a municipal
corporation
of
the
State
of
California
, hereinafter
referred
to
as
"City"
and
-----------------------
,
hereinafter
referred
to
as
"Contractor."
The
City
and
the
Contractor,
for
the
consideration
hereinafter
named
, mutually
agree
as
follows
:

1. The
complete
Contract
includes
all
of
the
Contract
Documents,
which
are
incorporated
herein
by
this
reference
, and
include:
a.

This
Contract
b.

Contract
Addenda
c.

Contract
Change
Orders
d.

Instructions
to
Bidders,
Proposal
Requirements
and
Conditions
e.

Contract
Specifications
f.

Contract
Plans
g.

General
Condition
h.

Special
Conditions
i.

Standard
Specification
for
Public
Works,
most
current
edition

2. The
Contract
Documents
are
complementary,
and
that
which
is
required
by
one
shall
be
as
binding
as
if required
by
all
.

3. Contractor
shall
provide
and
furnish
all
labor,
materials,
necessary
tools,
expendable
equipment,
and
all
utility
and
transportation
services
required
for
the
following
work
of
improvement:

The
project
scope
includes
recoating
the
exterior
of
R-4,
recoating
and
rehabilitating
the
structure
and
interior
of
R-7,
repairs
to
the
foundations,
and
multiple
safety
retrofits
on
both
tanks.

4. Contractor
agrees
to
perform
all
the
said
work
and
furnish
all
the
said
materials
at
their
own
cost
and
expense
that
are
necessary
to
construct
and
complete
in
strict
conformance
with
Contract
Documents
and
to
the
satisfaction
of
the
City
Engineer,
the
work
hereinafter
set
forth
in
accordance
with
the
Contract
adopted
by
the
City
Council.
3 of
11 ATTACHMENT
A
February 20, 2024, Item #2

5. City
agrees
to
pay
and
Contractor
agrees
to
accept
in
full
payment
for
performance
of
this
work
of
improvement
as
described,
the
stipulated
sum
of
$ ________
the
"Contract
Price."
City
agrees
to
make
progress
payments
and
final
payment
in
accordance
with
the
method
set
forth
in
the
Special
Provisions.

6. Contractor
agrees
to
commence
construction
of
the
work
provided
for herein
within
Fifteen
(15)
Calendar
Days
after
the
date
specified
in
the
Notice
to
Proceed,
and
to
continue
diligently
in
strict
conformance
with
Contract
Documents
and
without
interruption,
and
to
complete
the
construction
thereof
within
90 Working
Days
after
the
date
specified
in
the
Notice
to
Proceed.

7. Time
is
of
the
essence
of
this
Contract,
and
it
is
agreed
that
it
would
be
impracticable
or
extremely
difficult
to
ascertain
the
extent
of
actual
loss
or
damage
which
the
City
will
sustain
by
reason
of
any
delay
in
the
performance
of
this
Contract.

It
is,
therefore,
agreed
that
Contractor
will
pay
as
liquidated
damages
to
the
City
the
following
sum
of
$500.00
per
Calendar
Day,
for
each
and
every
Calendar
Days
delay
in
finishing
the
Work
in
excess
of
the
number
of
Working
Days
prescribed
above.

If
liquidated
damages
are
not
paid,
as
assessed
by
the
City,
the
City
may
deduct
the
amount
thereof
from
any
money
due
or
that
may
become
due
the
Contractor
under
this
Contract
in
addition
to
any
other
remedy
available
to
City
.

By
executing
this
Contract,
Contractor
agrees
that
the
amount
of
liquidated
damages
is
reasonable
and
shall
not
constitute
a
penalty.

8. In
accordance
with
State
of
California
Senate
Bill
No.
854,
Contractor
will
maintain
and
will
require
all
subcontractors
to
maintain
valid
and
current
Department
of
Industrial
Relations
(DIR)
Public
Works
Contractor
registration
during
the
term
of
this
project.

Contractor
shall
notify
the
City
in
writing
immediately,
and
in
no
case
more
than
twenty-four
(24)
hours,
after
receiving
any
information
that
Contractor's
or
any
of
its
Subcontractor's
DIR
registration
status
has
been
suspended,
revoked,
expired,
or
otherwise
changed.

9. Contractor
will
pay,
and
will
require
all
subcontractors
to
pay,
all
employees
on
said
Contract
a salary
or
wage
at
least
equal
to
the
prevailing
salary
or
wage
established
for
such
work
as
set
forth
in
the
wage
determinations
and
wage
standards
applicable
to
this
work,
a
copy
of
which
is
on
file
in
the
office
of
the
City
Clerk
of
the
City
of
Poway
.

Federal
prevailing
wage
rates
apply
for
federally
funded
projects.

Travel
and
subsistence
pay
shall
be
paid
in
accordance
with
Labor
Code§
1773.1.

10. Contractor
shall
be
subject
to
the
penalties
in
accordance
with
Labor
Code
of
§
1775
for
each
worker
paid
(either
by
Contractor
or by
any
subcontractors
under
Contractor)
less
than
the
prevailing
rate
described
above
on
the
work
provided
for
in
this
Contract.

11. Contractor
and
subcontractors
shall
comply
with
Labor
Code
§
1810
and
§
1811
which
stipulates
that
eight
hours
labor
constitutes
a
legal
day's
work,
and
§
1812
which
stipulates
that
the
Contractor
and
subcontractors
shall
keep
an
accurate
record
showing
the
name
of
and
actual
hours
worked
each
calendar
day
and
each
4 of
11 February 20, 2024, Item #2
calendar
week
by
each
worker
employed
by
them
in
connection
with
the
work
performed
under
the
terms
of
the
Contract.

Failure
to
comply
with
these
sections
of
the
Labor
Code
will
subject
the
Contractor
to
penalty
and
forfeiture
provisions
of
the
Labor
Code§
1813.

12. Contractor
will
comply
with
the
provisions
of
Labor
Code§
1777.5
pertaining
to
the
employment
of
apprentices
to
the
extent
applicable
to
this
Contract.
13 .

Contractor,
by
executing
this
Contract,
hereby
certifies:
"I
am
aware
of
and
will
comply
with
the
Labor
Code
§
3700
by
securing
payment
for
and
maintaining
in
full
force
and
effect
for
the
duration
of
the
contract,
complete
Workers'
Compensation
Insurance,
and
shall
furnish
a
Certificate
of
Insurance
to
the
City
before
execution
of
the
Contract.

The
City,
its
officers,
or
employees,
will
not
be
responsible
for
any
claims
in
law or
equity
occasioned
by
failure
of
the
Contractor
to
comply
with
this
paragraph."
Contractor
further
agrees
to
require
all
subcontractors
to
carry
Workers'
Compensation
Insurance
as
required
by
the
Labor
Code
of
the
State
of
California.
'

14. Contractor
shall,
concurrent
with
the
execution
of
this
Contract,
furnish two
bonds
approved
by
the
City,
one
in
the
amount
of
One
Hundred
Percent
(100%)
of
the
Contract
Price,
to
guarantee
the
faithful
performance
of
the
work
("Performance
Bond"),
and
one
in
the
amount
of
One
Hundred
Percent
(100%)
of
the
Contract
Price
to
guarantee
payment
of
all
claims
for
labor
and
materials
furnished
("Payment
Bond").

This
Contract
shall
not
become
effective
until
such
bonds
are
supplied
to
and
approved
by
the
City.
15 .
a.

Contractor
shall
procure
and
maintain
at
its
own
expense,
until
completion
of
5 of
11 performance,
commercial general
liability
insurance
of
not
less
than
One
Million
Dollars
($1,000,000)
combined
single
limit
per
occurrence,
and
Two
Million
Dollars
($2,000,000)
in
the
aggregate,
for
bodily
injury,
personal
injury,
death,
loss
or
damage
resulting
from
the
wrongful
or
negligent
acts
by
the
Contractor
or
its
officers,
employees,
servants,
volunteers
and
agents
and
independent
contractors
.

Contractor
shall
provide
insurance
on
an
occurrence,
not
claims-made
basis.

Contractor
acknowledges
and
agrees
that,
for
purposes
of
clarification
with
the
intention
of
avoiding
gaps
in
coverage
with
any
umbrella
or
excess
insurance,
personal
and
advertising
injury
coverage
shall
be
triggered
by
an
"offense"
while
bodily
injury
and
property
damage
coverage
shall
be
triggered
by
an
"occurrence"
during
the
policy
period.
b.

Contractor
shall
further
procure
and
maintain
at
its
own
expense,
until
completion
of
performance,
commercial
vehicle
liability
insurance
covering
personal
injury
and
property
damage,
of
not
less
than
One
Million
Dollars
($1,000,000)
combined
single
limit
per
occurrence,
and
Two
Million
Dollars
($2,000,000)
in
the
aggregate,
covering
any
vehicle
utilized
by
Contractor
or
its
officers,
employees,
February 20, 2024, Item #2
6 of
11 servants,
volunteers
and
agents
and
independent
contractors
in
performing
the
services
required
by
this
Agreement.
c.

Contractor
shall
further
procure
and
maintain
at
its
expense,
until
completion
of
performance,
workers'
compensation
insurance
providing
coverage
as
required
by
the
California
State
Workers'
Compensation
Law
. If
any
class
of
employees
employed
by
the
Contractor
pursuant
to
this
Agreement
is
not
protected
by
the
California
State
Workers'
Compensation
Law
, Contractor
shall
provide
adequate
insurance
for
the
protection
of
such
employees
to
the
satisfaction
of
the
City
. This
provision
shall
not
apply
if Contractor
has
no
employees
performing
work
under
this
Agreement.

Contractor
agrees
to
waive
its
statutory
immunity
under
any
worker's
compensation
or
similar
statute
, as
respecting
the
City,
and
to
require
any
and
all
subcontractors
and
any
other
person
or
entity
involved
with
the
Project
to
do
the
same. Worker's
Compensation
Insurance:
o
Contractor
has
no
employees
and
is
exempt
from
workers'
compensation
requirements
.
o
Contractor
carries
workers'
compensation
insurance
for
all
employees.
d.

All
policies
required
by
this
section
shall
be
secured
from
insurers
authorized
to
do
business
in
the
State
of
California
with
an
"A"
policyholder's
rating
or
better
and
a
financial
rating
of
at
least
Class
VII,
in
accordance
with
the
current
Best's
Ratings. e.

Contractor
agrees
to
require
that
all
parties,
including
but
not
limited
to
subcontractors,
architects,
engineers
or
others
with
whom
Contractor
enters
into
contracts
or
whom
Contractor
hires
or retains
pursuant
to
or
in
any
way
related
to
the performance
of
this
Agreement,
provide
the
insurance
coverage
required
herein,
at
minimum,
and,
except
for
worker's
compensation
coverage
, name
as
additional
insureds
the
parties
to
this
Agreement.

Contractor
agrees
to
monitor
and
review
all
such
coverage
and
assumes
all
responsibility
for
ensuring
that
such
coverage
is
provided
in
conformity
with
the
requirements
of
this
Section.
f.

In
the
event
this
Agreement
is
terminated
for
any
reason
prior
to
the
completion
of
all
obligations
and
requirements
of
this
Agreement
, Contractor
agrees
to
maintain
all
coverages
required
herein
until
the City
provides
written
authorization
to
terminate
the
coverages
following
the
City's
review
and
determination
that
all
liability
posed
under
this
Agreement
as
to
the
party
providing
insurance
has
been
eliminated. g.

Contractor
agrees
and
acknowledges
that
if
it
fails
to
obtain
all
of
the
insurance
required
in
this
Agreement
in
accordance
with
the
requirements
herein,
or
to
obtain
and
ensure
that
the
coverage
required
herein
is
maintained
by
any
subcontractors
or
others
involved
in
any
way
with
the
Project,
Contractor
shall
be
responsible
for
any
losses
, claims,
suits,
damages,
defense
obligations,
or
liability
of
any
kind
or
nature
attributable
to
the
City
, and/or
its
officers,
employees
, servants,
February 20, 2024, Item #2
volunteers,
agents
and
independent
contractors,
that
result
from
such
failure
by
Contractor.

16. a.

Contractor
shall
provide
certificates
of
insurance
with
original
endorsements
to
the
City
as
evidence
of
the
insurance
coverage
required
herein.

Certificates
of
such
insurance
shall
be
filed
with
the
City
on
or
before
commencement
of
performance
of
this
Agreement.

Current
certification
of
insurance
shall
be
kept
on
file
with
the
City
at
all
times
until
completion
of
performance
and
acceptance
by
the
City. b.

Notwithstanding
any
inconsistent
statement
in
any
required
insurance
policies
or
any
subsequent
endorsements
attached
thereto,
the
commercial
general
liability
and
commercial
vehicle
liability
policies
shall
bear
endorsements
whereby
it
is
provided that
the
City,
and
its
officers,
employees,
servants,
volunteers,
agents
and
independent
contractors
are
named
as
additional insureds.

Additional
insureds
shall
be
entitled
to
the
full
benefit
of
all
insurance
policies
in
the
same
manner
and
to
the
same
extent
as
any
other
insureds
and
there
shall
be
no
limitation
to
the
benefits
conferred
upon
them
other
than
policy
limits
to
coverages
.
c.

Contractor
shall
require
the
carriers
of
all
required
insurance
policies
to
waive
all
rights
of
subrogation
against
the
City,
and
its
officers,
employees,
servants,
volunteers,
agents
and
independent
contractors
.
d.

Each
policy
required
herein
must
be
endorsed
to
provide
that
the
policy
shall
not
be
cancelled
in
coverage
or
limits
(except
by
paid
claims)
unless
the
insurer
has
provided the
City
with
30 days
prior
written
notice
of
cancellation
. Contractor
agrees
to
provide
the
City
with
30 days
written
notice prior
to
any
non-renewal or
reduction
in
coverage
or limits.
e.

All
insurance
policies
required
to
be
provided
by
Contractor
or
any
other
party
must
be
endorsed
to
provide
that
the
policies
shall
apply
on
a
primary
and
noncontributing
basis
in
relation
to
any
insurance
or
self-insurance,
primary
or
excess,
maintained
or
available
to
the
City,
and
its
officers,
employees,
servants,
volunteers,
agents
and
independent
contractors.

17. a.

Contractor
shall
defend,
indemnify
and
hold
harmless
the
City,
its
officers,
7 of
11 officials,
agents,
employees
and
volunteers
from
and
against
any
and
all
claims,
demands,
actions,
losses,
damage,
injuries,
and
liability,
direct
or
indirect
(including
any
and
all
costs
and
expenses
in
connection
therewith)
to
the
extent
actually
caused
by
the
negligence
of
Contractor,
Contractor's
employees,
subcontractors
or
independent
contractors
except
for
any
such
claim
arising
out
of
the
negligence
or
willful
misconduct
of
the
City,
or its
officers,
agents,
employees
or
volunteers
.
b.

The
City
does
not,
and
shall
not,
waive
any
rights
that
it
may
have
against
Contractor
under
this
Section
because
of
the
acceptance
by
the
City,
or
the
deposit
with
the
City
,
of
any
insurance
policy
or
certificate
required
pursuant
to
this
Agreement.

The
hold
harmless,
indemnification
and
duty
to
defend
provisions
of
this
Section
shall
apply
regardless
of
whether
or
not
said
insurance
policies
are
February 20, 2024, Item #2
determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein.

18. Any amendments to any of the Contract Documents, including but not limited to Contract Change Orders, must be in writing executed by the Contractor and the City. Any time an approval, time extension, or consent of the City is required under the Contract Documents, such approval, extension, or consent must be in writing in order to be effective.

19. The Contract Documents contain all of the agreements and understandings of the parties and all previous understandings, negotiations, and contracts are integrated into and superseded by this Contract.

20. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Contract shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Contract which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder.

21. The persons executing this Contract on behalf of the parties hereto warrant that they are duly authorized to execute this Contract on behalf of said parties and that, by so executing this Contract, the parties hereto are formally bound to the provisions of this Contract.

22. This Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns.

23. In performing its obligations and duties under this Contract, each party shall comply with all applicable local, state, and federal laws, regulations, rules, standards and ordinances.

24. This Contract may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument.

25. After completion of the work contemplated by this Contract, Contractor shall file with the City Manager an affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the project have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice that has been filed under the provision of the laws of the State of California.

26. All work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including, without limitation, the plans of Contractor and any of its suppliers.

Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such 8 of 11
February 20, 2024, Item #2
manner
as
to
not
unduly
delay
the
work.

The
Work
shall
be
subject
to
final
inspection
and
acceptance
notwithstanding
any
payments
or
other
prior
inspections.

Such
final
inspection
shall
be
made
within
a reasonable
time
after
completion
of
the
work.

27. Whenever
Contractor
has
knowledge
that
any
actual
or
potential
labor
dispute
is
delaying
or
threatens
to
delay
the
timely
performance
of
the
Contract,
Contractor
shall
immediately
give
notice
thereof,
including
all
relevant
information
with
respect
thereto,
to
City.

28. Contractor
agrees
to
contact
the
appropriate
regional
notification
center
in
accordance
with
Government
Code
Section
4216.2.

29. Contractor
shall
submit
its
detailed
plan
for
worker
protection
during
the
excavation
of
trenches
required
by
the
scope
of
the
work
in
accordance
with
Labor
Code
Section
6705.

30. a.

Contractor
shall,
without
disturbing
the
condition,
notify
City,
in
writing,
as
9 of
11 soon
as
Contractor,
or
any
of
Contractor's
subcontractors,
agents,
or
employees
have
knowledge
and
reporting
is
possible,
of
the
discovery
of
any
of
the
following
conditions
: i.

The
presence
of
any
material
that
Contractor
believes
is
hazardous
waste,
as
defined
in
Section
25117
of
the
Health
and
Safety
Code;
ii.

Subsurface
or
latent
physical
conditions
at
the
site differing
from
those
indicated
in
the
specifications;
or
iii.

Unknown
physical
conditions
at
the
site
of
any
unusual
nature,
different
materially
for
those
ordinarily
encountered
and
generally
recognized
as
inherent
in
work
of
the
character
provided
for
in
this
Contract.
b.

Pending
a determination
by
City
of
appropriate
action
to
be
taken,
Contractor
shall
provide
security
measures
(e.g.,
fences)
adequate
to
prevent
the
hazardous
waste
or
physical
conditions
from
causing
bodily
injury
to
any
person.
c.

City shall
promptly
investigate
the
reported
conditions
. If City,
through
and
in
the
exercise
of
its
sole
discretion,
determines
that
the
conditions
do
materially
differ
or
do
involve
hazardous
waste,
and
will
cause
a
decrease
or
increase
in
Contractor's
cost
of,
or
time
required
for,
performance
of
any
part
of
the
work,
then
City
shall
issue
a
change
order.
d.

In
the
event
of
a
dispute
between
City
and
Contractor
as
to
whether
the
conditions
materially
differ,
or
involve
hazardous
waste,
or
cause
a
decrease
or
increase
in
Contractor's
cost
of,
or
time
required
for,
performance
of
any
part
of
the
work,
Contractor
shall
not
be
excused
from
any
scheduled
completion
date,
and
shall
proceed
with
all
work
to
be
performed
under
the
contract.

Contractor
shall
retain
any
and
all
rights
that
pertain
to
the
resolution
of
disputes
and
protests
between
the
parties.

February 20, 2024, Item #2

31. This Contract is to be governed by the laws of the State of California.

32. All work shall be guaranteed for a period of one (1) year from the date of acceptance by the City. Contractor shall promptly make all needed repairs arising out of defective materials, workmanship, and equipment.

City is hereby authorized to make such repairs if within ten (10) days after giving written notice to Contractor, or its agent, Contractor should fail to make or undertake with due diligence the aforesaid repairs; provided, however, that in case of an emergency, where, in the opinion of City, delay would cause serious loss or damage, repairs may be made without notice being sent to Contractor, and Contractor shall pay the costs thereof. (Remainder of page intentionally left blank)
10 of 11
February 20, 2024, Item #2
IN WITNESS WHEREOF, the said Contractor and the City Manager, City Clerk and City Attorney have caused the names of said parties to be affixed hereto, the day and year first above written.

Contractor's Name:

Print Name of Construction Company
By: -------------
Signature
Print Name
Contractor information:

Address for Notices and Payments
Telephone Number: ______ _
Email:

CITY OF POWAY
a Municipal Corporation
Chris Hazeltine, City Manager
ATTEST:

Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:

RUTAN & TUCKER, LLP
Alan Fenstermacher, City Attorney
11 of 11
February 20, 2024, Item #3
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway

CITY COUNCIL
February 20, 2024
Honorable Mayor and Members of the City Council
Jodene Dunphy, Human Resources & Risk M~~-gement Director <J,f} Eric Heidemann, Director of Public Works 4"'0'
Jodene Dunphy
(858) 668-4413 or [email protected]
Eric Heidemann
(858) 668-4716 or [email protected]
Side Letter Amending the Memorandum of Understanding (MOU) between the City of Poway and Non-Safety Employees Represented by Teamsters, Local 9-1-1 to Change Certain Provisions of the Standby/Callback Program and Amendment to the Management/Confidential Employee Group Salary & Benefits Plan Document to Include the Standby/Callback Program for Eligible Supervisors The City of Poway (City) and Non-Safety Employees Represented by Teamsters, Local 9-1-1 (Teamsters) are currently in the third year of a six-year Memorandum of Understanding (MOU) from July 1, 2021 through June 30, 2027. The MOU covers specified items within the scope of representation pursuant to Government Code section 3504. One of the items covered in the MOU is the process and additional pay for City employees who respond to urgent public works issues outside of regular City business hours. Participation in the Standby/Callback program has decreased in recent years, and the City requested to meet with Teamsters to address the level of participation. Teamsters agreed to meet and confer on this issue and both parties have reached a Tentative Agreement on changes to the Standby/Callback program. The changes will also affect the Management/Confidential Employee Group as qualified supervisors in that group will be added to the Standby roster.

Recommended Action:

It is recommended the City Council: 1) approve the Side Letter Agreement amending the MOU between the City and Teamsters changing provisions of the Standby/Callback program, and 2) authorize the City Manager to revise the Management/Confidential Salary & Benefits Plan Document to add language allowing qualified supervisors to participate in the Standby/Callback program and be paid the same daily/weekly Standby stipend and minimum call back hours as Teamsters. 1 of 13
February 20, 2024, Item #3
Discussion:

The current MOU between the City and Teamsters includes provisions for employees to respond outside of normal City business hours to urgent public works matters in the Poway community.

Qualified employees mayvolunteerto be on the Standby roster and be "on call"for a seven-day period (fourteen-day period for employees in the Utilities division of the Public Works Department) in the event there is an urgent matter requiring public works assistance outside of normal City business hours. Employees must carry a city cell phone at all times on Standby duty, remain available to respond within a reasonable amount of time and are prohibited from activities that would impair judgment or prevent them from responding. To compensate for being on call outside of normal working hours including weekends, employees assigned the seven or fourteen-day standby period are currently compensated $50 per day when they are on call. In addition, if employees are called to respond to an urgent matter in Poway, they receive a minimum of two hours of additional pay for the call. In recent years, the number of employees who participate in the Standby/Callback program has decreased. The City requested to meet with Teamsters to address participation.

Teamsters agreed to meet and confer on the issue and worked with the City to broaden the pool of qualified employees by agreeing to allow qualified public works supervisors in the Management/Confidential Employee Group to be added to the Standby roster. Additionally, an increase in the daily stipend for employees on call from $50 to $100 per day and an increase in the minimum number of hours paid if an employee is called back to work outside of regular city hours from a two-hour minimum to a three-hour minimum is expected to help increase the number of employees who are qualified and willing to volunteer for Standby duty.

The MOU will be amended through a side letter, or side agreement, which will amend Article 9 (Special Pay), Section 5 (On-Call Time) and Section 7 (Callback Time). The City and Teamsters have reached a Tentative Agreement on the amended MOU language as follows:

Article 9. Special Pay
Section 5 -On-Call Time
A. Field Forces

1. On-call time shall be governed by the Public Works on-call procedures.

2. The City shall maintain a list of eligible field personnel who have agreed to standby for callback (Standby) as required.

3. The call-out list shall consist of qualified employees as determined by the Director of Public Works and may include supervisors and/or other employees of the Management/Confidential Employee Group.

4. Each employee shall be paid $700 for each seven-day Standby period served.

5. The Standby employee will receive an additional $100 for each Designated Holiday (as defined in Article 6, Section 3 of this MOU) that falls within the Standby period for which they stand by for callback. This additional compensation shall be awarded for the Designated Holiday, not the day observed, for those holidays falling on a Saturday or Sunday. 2 of 13
February 20, 2024, Item #3

6. In
the
event
a
Designated
Holiday
falls
on
the
last
day
of
a
Standby
period
(e.g.,
Standby
period
ends
on
a
Wednesday
which
is
a
Designated
Holiday),
the
employee
will
remain
on
Standby
until
the
following
day
and
shall
be
compensated
an
additional
$100
(117th
of
pay
for
full
Standby
period)
for
the
additional
day
of
Standby.

7. Substitution
by
another
member
of
the
Standby
duty
list
is
allowed
if the
scheduled
Standby
employee
cannot
respond
because
of
special
circumstances.

In
the
event
of
a
substitution
for
Standby
duty,
the
substituting
employee
must
perform
Standby
for
a minimum
of
one
24-
hour
period.

The
substituting
employee
will
be
compensated
$100
for
each
24-hour
period
served.

The
total
amount
paid
to
the
substituting
employee(s)
will
be
offset
against
and
reduce
the
Standby
compensation
paid
to
the
regular
Standby
employee.

8. List
members
shall
meet
the
following
qualifications:
a.

Must
reside
within
a community
that
allows
a reasonable
response
time
to
an
emergency,
as
determined
by
the
Director
of
Public
Works.
b.

Must
be
approved
by
the
appropriate
division
manager
with
the
concurrence
of
the
department
Director.

9. The
Standby
person
will
be
on
call
from
the
end
of
the
scheduled
workday
to
the
scheduled
start
of
the
next
workday.

During
weekends,
from
the
end
of
the
work
week
to
the
beginning
of
the
next
workday,
and
the
24 hours
of
a
Designated
Holiday.

10. A
three-hour
minimum
will
be
paid
for
each
call-out:
3 of
13 a.

Time
starts
for
the
call-out
when
the
Standby
person
receives
the
call
from
the
Filtration
Plant.
b.

Time
stops
and
call-out
is
complete
when
the
Standby
person
notifies
the
Filtration
Plant
that
the
call
is
completed.
c.

An
employee
who
is
contacted
while
serving
a
call-out
(as
defined
above)
and
is
called
to
another
site
for
additional
duties
shall
not
be
compensated
for
a second
or
subsequent
call-out
for
this
assignment.

However,
if
the
employee
has
left
the
work
site,
or
sites,
is
actually
returning,
or
has
returned
to
their
original
point
of
contact,
and
is
then
called
out
again,
the
employee
shall
be
compensated
for
an
additional
call-out.
d.

Weekday
and
Saturday
call-out
time
will
be
paid
at
one
and
one-half
(1.5)
times
the
hourly
rate
of
pay.
e.

Sunday
and
holiday
call-out
time
will
be
paid
at
double
the
hourly
rate
of
pay.

Holidays
will
be
rotated
equally
among
those
persons
on
the
list
inasmuch
as
possible.
f.

When
in
a
Standby
status
and
required
to
respond
to
a
trouble
call
through
telephone
action,
Standby
personnel
will
be
compensated
for
telephone
time
in
15-minute
increments
on
an
overtime
basis.

February 20, 2024, Item #3

11. It is agreed that the On-Call procedure is subject to revision by the Director of Public Works, following consultation with representatives of the Bargaining Unit. It is understood that this Section does not allow for a reduction in Standby compensation.

B. Operational Conditions

1. The Standby person will carry a City cell phone when away from their listed contact phone number.

2. The Standby person cannot engage in any activity that would impair judgment or prohibit a response while on Standby.

3. Calls to the Standby person will be placed by an on-duty Water Treatment Plant Operator. a. The Water Treatment Plant Operator will screen calls to determine need to contact Standby person.
b. Upon being contacted by the Water Treatment Plant Operator, the Standby person is responsible to determine the course of action.
c. Should the Standby person fail to respond to a call, (s)he forfeits Standby pay for that day.
d. The Water Treatment Plant Operator stands by to assist, when possible, in contacting additional employees when needed.
e. Should the Standby person need assistance, the Water Treatment Plant Operator will first attempt to call list members in sequential order. When the assistance requires specialized personnel, who are better qualified to perform a specific task, the Water Treatment Plant Operator may call back the first person(s) from the list qualified to perform the specific task.
f. Upon call completion, the Standby person will advise the Water Treatment Plant Operator of the action taken so that it can be properly logged.

4. During a serious emergency, such as a water main break, the Standby person will stand by to assist the crew in making repairs but will remain flexible in case of other call-outs during this time.

However, the employee should use discretion and common sense in the use of the vehicle and at all times be aware that they are a public relations representative to the public and their actions will be scrutinized by the public. Further, the employee must ensure any personal use is consistent with City policy.
4 of 13
February 20, 2024, Item #3
C. Filtration Plant

1. The City shall maintain a list of eligible Public Works personnel who have agreed to stand by for callback as required.

2. The call-out list shall consist of qualified employees as determined by the Director of Public Works and may include supervisors and/or other employees of the Management/Confidential Employee Group.

3. Each employee shall be paid $700 for each seven-day Standby period.

4. The Standby employee will receive an additional $100 for each Designated Holiday (as defined in Article 6, Section 3 of this MOU) that falls within the Standby period for which they stand by for callback. This additional compensation shall be awarded for the Designated Holiday, not the day observed, for those holidays falling on a Saturday or Sunday.

5. In the event a Designated Holiday falls on the last day of a Standby period (e.g., Standby period ends on a Wednesday which is a Designated Holiday), the employee will remain on Standby until the following day and shall be compensated an additional $100 (117th of pay for full Standby period) for the additional day of Standby.

6. Substitution by another member of the Standby duty list is allowed if the scheduled Standby employee cannot respond because of special circumstances. In the event of a substitution for Standby duty, the substituting employee must perform Standby for a minimum of one 24-hour period. The substi_tuting employee will be compensated $100 for each day served.

The total amount paid to the substituting employee(s) will be offset against and reduce the Standby compensation paid to the regular Standby employee.

7. List members shall meet the following qualifications:
a. Must reside within a community that allows a reasonable response time to an emergency, as determined by the Director of Public Works.
b. Must be rated as a Utility Systems Mechanic, Utility Systems Technician, Senior Utility Systems Mechanic, Senior Utility Systems Technician, or one of the utility supervisor positions in the Management/Confidential Employee Group, and approved by the appropriate division manager or assistant director with the concurrence of the department Director. Once an employee leaves a position in these class series, all rights to on-call time are forfeited.

8. The Standby roster will be scheduled as follows with the participation of list members:
a. Scheduled quarterly with the Director of Public Works or designee. s of 13
b. Order of names to be maintained as consistent as practical. c. Names to be rotated progressively up the list weekly from the bottom position on up to the top Position 1.

February 20, 2024, Item #3
d. The member in Position 1 will be the Standby person on call. e. List members may substitute positions temporarily among themselves to allow for special circumstances as stated in this section.

9. The Standby person will be on call from the end of the scheduled workday to the scheduled start of the next workday. During weekends from the end of the work week to the beginning of the next workday, and the 24 hours of a Designated holiday.

11. A three-hour minimum will be paid for each call-out. a. Time starts for the call-out when the Standby person receives the call from the Filtration Plant.
b. Time stops and call-out is complete when the Standby person notifies the Filtration Plant that the call is completed.
c. An employee who is contacted while serving a call-out (as defined above) and is called to another site for additional duties shall not be compensated for a second or subsequent call-out for this assignment. However, if the employee has left the work site, or sites, is actually returning, or has returned to their original point of contact, and is then called out again, the employee shall be compensated for an additional call-out. d. Weekday and Saturday call-out time will be paid at one and one-half (1.5) times the hourly rate of pay.
e. Sunday and holiday call-out time will be paid at double the hourly rate of pay. Holidays will be rotated equally among those persons on the list inasmuch as possible. f. When in a Standby status and required to respond to a trouble call through telephone action, Standby personnel will be compensated for telephone time in 15-minute increments on an overtime basis.

12. It is agreed that the On-Call procedure is subject to revIsIon by the Director of Public Works, following consultation with representatives of the Union. It is understood that this Section does not allow for a reduction in Standby compensation.

Section 7 -Callback Time
Employees called back to work after expiration of their regularly scheduled workday or work week to perform emergency work shall be guaranteed minimum callback time of three hours at the appropriate overtime rate.
6 of 13
February 20, 2024, Item #3
Employees who respond to an after-hours trouble call through telephone action will be compensated for telephone time in 15-minute increments.

Except as expressly provided herein, all other terms and conditions of the July 1, 2021 through June 30, 2027 MOU shall otherwise remain in full force and effect.

The City of Poway and Teamsters Local 9-1-1 agree to this Side Letter as a Second Amendment to the MOU for the period of February 21, 2024 to June 30, 2027 for the City and Teamsters as contained herein.

The new Standby/Callback provIsIons of the attached side letter amending the MOU will be implemented following City Council approval effective February 21, 2024.

Environmental Review:

This action is not subject to review under the California Environmental Quality Act (CEQA).

Fiscal Impact:

Sufficient funds are budgeted in the Fiscal Year 2023-24 budget.

Public Notification:

None.·
Attachments:

A. Side Letter between the City of Poway and Non-Safety Employees represented by California Teamsters Local 9-1-1
Reviewed/Approved By:

Assistant City Manager
7 of 13
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Ch~
City Manager
February 20, 2024, Item #3

SIDE LETTER TO AMEND MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF POWAY AND THE
NON-SAFETY EMPLOYEES DATED JULY 1, 2021 THROUGH
JUNE 30, 2027
WHEREAS, the City and Non-Safety employees, represented by Teamsters (Teamsters), have entered into a Memorandum of Understanding (MOU) for the period of July 1, 2021 through June 30, 2027, covering specified items which are within the scope of representation, within the meaning of Government Code section 3504;
WHEREAS, pursuant to the terms of the MOU, Article 9 (Special Pay), Section 5 (On-Call Time) includes procedures and additional pay for employees who have agreed to participate in the Standby/Callback program;
WHEREAS, this program provides a mechanism for employees to respond to afterhours public works related emergencies and be compensated for working during hours that are not regularly scheduled;
WHEREAS, the City wants to increase participation in the program to continue providing the Poway community with exceptional customer service outside of regular City business hours; WHEREAS, the City also endeavors to stay competitive in the labor market so that it may recruit and retain qualified and talented employees;
WHEREAS, the City is increasing the amount of standby pay from $350 for each seven day Standby period (or $50 for each day/twenty-four hour period served) to $700 for each seven day Standby period (or $100 for each day/twenty-four hour period served); WHEREAS, the City is increasing the two-hour minimum paid for each call-out to a three hour minimum for each call-out;
WHEREAS, certain supervisor positions in the ManagemenUConfidential Employee Group, not previously considered as eligible to be placed on the Standby roster, will be eligible at the discretion and approval of the Public Works Director; and WHEREAS, the City and Teamsters have met and conferred in good faith, in compliance with Government Code section 3505, on the subject covered in this Amendment.

NOW, THEREFORE, the City and Teamsters agree to amend the MOU for the period of February 21, 2024 through June 30, 2027, to read as follows:

Article 9. Special Pay
Section 5 -On-Call Time
A. Field Forces

1. On-call time shall be governed by the Public Works on-call procedures.

2. The City shall maintain a list of eligible field personnel who have agreed to stand 8 of 13 ATTACHMENT A
February 20, 2024, Item #3
9 of 13
Side Letter to MOU between City of Poway and Non-Safety Employee February 2024

Page 2 ends

by for callback (Standby) as required.

3. The call-out list shall consist of qualified employees as determined by the Public Works Director and may include supervisors and/or other employees of the ManagemenUConfidential Employee Group.

4. Each employee shall be paid $700 for each seven-day Standby period served.

6. In the event a Designated Holiday falls on the last day of a Standby period (e.g., Standby period ends on a Wednesday which is a Designated Holiday), the employee will remain on Standby until the following day and shall be compensated an additional $100 (117th of pay for full Standby period) for the additional day of Standby.

7. Substitution by another member of the Standby duty list is allowed if the scheduled Standby employee cannot respond because of special circumstances. In the event of a substitution for Standby duty, the substituting employee must perform Standby for a minimum of one 24-hour period. The substituting employee will be compensated $100 for each 24-hour period served. The total amount paid to the substituting employee(s) will be offset against and reduce the Standby compensation paid to the regular Standby employee.

8. List members shall meet the following qualifications:
a. Must reside within a community that allows a reasonable response time to an emergency, as determined by the Public Works Director.
b. Must be approved by the appropriate division manager with the concurrence of the department Director.

9. The Standby person will be on call from the end of the scheduled workday to the scheduled start of the next workday. During weekends, from the end of the work week to the beginning of the next workday, and the 24 hours of a Designated Holiday.

10. A three-hour minimum will be paid for each call-out. a. Time starts for the call-out when the Standby person receives the call from the Filtration Plant.
b. Time stops and call-out is complete when the Standby person notifies the Filtration Plant that the call is completed.
c. An employee who is contacted while serving a call-out (as defined above) and is called to another site for additional duties shall not be compensated for a second or subsequent call-out for this assignment. However, if the employee has left the work site, or sites, is actually returning, or has returned to their original point of February 20, 2024, Item #3
Side Letter to MOU between City of Poway and Non-Safety Employee February 2024

Page 3 ends

contact, and is then called out again, the employee shall be compensated for an additional call-out.
d. Weekday and Saturday call-out time will be paid at one and one-half (1.5) times the hourly rate of pay.
e. Sunday and holiday call-out time will be paid at double the hourly rate of pay.

Holidays will be rotated equally among those persons on the list inasmuch as possible.
f. When in a Standby status and required to respond to a trouble call through telephone action, Standby personnel will be compensated for telephone time in 15-minute increments on an overtime basis.

11. It is agreed that the On-Call procedure is subject to revision by the Public Works Director, following consultation with representatives of the Bargaining Unit. It is understood that this Section does not allow for a reduction in Standby compensation.

B. Operational Conditions

1. The Standby person will carry a City cell phone when away from their listed contact phone number.

2. The Standby person cannot engage in any activity that would impair judgment or prohibit a response while on Standby.

3. Calls to the Standby person will be placed by an on-duty Water Treatment Plant Operator.
a. The Water Treatment Plant Operator will screen calls to determine need to contact Standby person.
b. Upon being contacted by the Water Treatment Plant Operator, the Standby person is responsible to determine the course of action. c. Should the Standby person fail to respond to a call, (s)he forfeits Standby pay for that day.
d. The Water Treatment Plant Operator stands by to assist, when possible, in contacting additional employees when needed.
e. Should the Standby person need assistance, the Water Treatment Plant Operator will first attempt to call list members in sequential order. When the assistance requires specialized personnel, who are better qualified to perform a specific task, the Water Treatment Plant Operator may call back the first person(s) from the list qualified to perform the specific task.
f. Upon call completion, the Standby person will advise the Water Treatment Plant Operator of the action taken so that it can be properly logged.

4. During a serious emergency, such as a water main break, the Standby person will 10 of 13
February 20, 2024, Item #3
11 of 13
Side Letter to MOU between City of Poway and Non-Safety Employee February 2024 Page4
stand by to assist the crew in making repairs but will remain flexible in case of other call-outs during this time.

5. Employees who are assigned Standby duty may request the use of a City truck, subject to department Director approval. The City truck shall be available to the employee during Standby for use as is necessary to ensure that the employee is readily available for call out. However, the employee should use discretion and common sense in the use of the vehicle and at all times be aware that they are a public relations representative to the public and their actions will be scrutinized by the public. Further, the employee must ensure any personal use is consistent with City policy.

C. Filtration Plant

1. The City shall maintain a list of eligible Public Works personnel who have agreed to stand by for callback as required.

2. The call-out list shall consist of qualified employees as determined by the Public Works Director and may include supervisors and/or other employees of the ManagemenUConfidential Employee Group.

3. Each employee shall be paid $700 for each seven-day Standby period.

5. In the event a Designated Holiday falls on the last day of a Standby period (e.g., Standby period ends on a Wednesday which is a Designated Holiday), the employee will remain on Standby until the following day and shall be compensated an additional $100 (1 /7th of pay for full Standby period) for the additional day of Standby.

6. Substitution by another member of the Standby duty list is allowed if the scheduled Standby employee cannot respond because of special circumstances. In the event of a substitution for Standby duty, the substituting employee must perform Standby for a minimum of one 24-hour period. The substituting employee will be compensated $100 for each day served. The total amount paid to the substituting employee(s) will be offset against and reduce the Standby compensation paid to the regular Standby employee.

7. List members shall meet the following qualifications:
a. Must reside within a community that allows a reasonable response time to an emergency, as determined by the Public Works Director.
b. Must be rated as a Utility Systems Mechanic, Utility Systems Technician, Senior Utility Systems Mechanic, Senior Utility Systems Technician, or one of the utility supervisor positions in the ManagemenUConfidential Employee Group and approved by the appropriate division manager or assistant director with the February 20, 2024, Item #3
12 of 13
Side Letter to MOU between City of Poway and Non-Safety Employee February 2024

Page 5 ends

concurrence of the department Director. Once an employee leaves a position in these class series, all rights to on-call time are forfeited.

8. The Standby roster will be scheduled as follows with the participation of list members:
a. Scheduled quarterly with the Public Works Director or designee. b. Order of names to be maintained as consistent as practical. c. Names to be rotated progressively up the list weekly from the bottom position on up to the top Position 1.
d. The member in Position 1 will be the Standby person on call. e. List members may substitute positions temporarily among themselves to allow for special circumstances as stated in this section.

10. Employees who are assigned Standby duty may request the use of a City truck, subject to department Director approval. The City truck shall be available to the employee during standby for use as is necessary to ensure that the employee is readily available for call out. However, the employee should use discretion and common sense in the use of the vehicle and at all times be aware that they are a public relations representative to the public and their actions will be scrutinized by the public. Further, the employee must ensure any personal use is consistent with City policy.

11. A three-hour minimum will be paid for each call-out. a. Time starts for the call-out when the Standby person receives the call from the Filtration Plant.
b. Time stops and call-out is complete when the Standby person notifies the Filtration Plant that the call is completed.
c. An employee who is contacted while serving a call-out (as defined above) and is called to another site for additional duties shall not be compensated for a second or subsequent call-out for this assignment. However, if the employee has left the work site, or sites, is actually returning, or has returned to their original point of contact, and is then called out again, the employee shall be compensated for an additional call-out.
d. Weekday and Saturday call-out time will be paid at one and one-half (1.5) times the hourly rate of pay.
e. Sunday and holiday call-out time will be paid at double the hourly rate of pay.

Holidays will be rotated equally among those persons on the list inasmuch as possible.

February 20, 2024, Item #3
Side Letter to MOU between City of Poway and Non-Safety Employee February 2024

Page 6 ends

f. When in a Standby status and required to respond to a trouble call through telephone action, Standby personnel will be compensated for telephone time in 15-minute increments on an overtime basis.

12. It is agreed that the On-Call procedure is subject to revision by the Public Works Director, following consultation with representatives of the Union. It is understood that this Section does not allow for a reduction in Standby compensation.

Employees who respond to an after-hours trouble call through telephone action will be compensated for telephone time in 15-minute increments.

Except as expressly provided herein, all other terms and conditions of the July 1, 2021 through June 30, 2027 MOU shall otherwise remain in full force and effect.

The City of Poway and Teamsters Local 9-1-1 agree to this Side Letter as a Second Amendment to the MOU for the period of February 20, 2024 to June 30, 2027 for the City and Teamsters as contained herein.

City of Poway:

Chris Hazeltine
• City Manager
Jodene Dunphy
HR/Risk Director
Eric Heidemann
Director of Public Works
13 of 13
City of Poway Non-Safety Employees
Bargaining Unit (California Teamsters
Local 911):

Neil Sholander,
Business Representative
California Teamsters, Local 911
Amjad Mohamad
Wastewater Utilities Crew Leader
Chief Steward
February 20, 2024, Item #4
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
February 20, 2024
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services f)}.

Hector Salgado, Senior Planner ~.)
858-668-4656 or [email protected]

CITY COUNCIL
Variance (VAR) 23-0001 and Minor Development Review Application (MDRA) 23- 0018 a request to construct a single-family residence and to allow the structure to observe a reduced front yard setback on a vacant lot located at 15157 Huntington Court and determination the project is exempt from CEQA review pursuant to CEQA Guidelines section 15303 and 15305.

The applicant is requesting a VAR and MDRA approval to construct a single-family residence and allow the structure to observe an 18-foot front yard setback when 30-feet is required. The required findings to support the Variance can be made based on unique circumstances applicable to the property.

Recommended Action:

It is recommended the City Council take public input, close the public hearing, and adopt the Resolution (Attachment A) approving VAR 23-0001 and MDRA 23-0018.

Discussion:

The applicant is Bill Yen and the property owner is PV5902, LLC. The project site is an approximately

0.90-acre vacant lot located at 15157 Huntington Court and is zoned Residential Single Family 2 (RS- 2). The project location and zoning map is included as Attachment B. The project site is surrounded by single family residences. The applicant is requesting a VAR to allow the proposed single-family residence to observe an 18-foot front yard setback when 30-feet is required.

Section 17.50.070 of the Poway Municipal Code (PMC) contains a provision whereby the City Council can allow a VAR from the terms of the Zoning Code because of special circumstances applicable to the property, which makes the strict application of the Code burdensome and restricts property rights that are enjoyed by others in the surrounding neighborhood. These special circumstances are due to the fact that only the westerly half of the 0.90-acre property is developable because the easterly, approximately 0.45 acres, is encumbered with an Open Space Easement and a sensitive riparian habitat (Attachment C). Therefore, the development of the site is considerably constrained, limiting the full use of the property. Due to the constraint, the residence must be shifted as far west on the 1 of 22
February 20, 2024, Item #4
site
as
possible
in
order
to
preserve
the
Open
Space
Easement
area
and
the
riparian
habitat.

The
proposed
4,531
square-foot,
two-story
single-family
residence
with
an
attached
garage
has
been
designed
to
be
architecturally
compatible
in
height
and
size
with
the
other
homes
located
along
Huntington
Court.

The
exterior
of
the
residence
will
be
constructed
of
stucco
and
a concrete
tile
roof
(Attachment
D).

The
home
will
comply
with
all
development
standards,
apart
from
the
front
yard
setback,
for
which
the
VAR
approval
is
sought.

The
majority
of
the
approximately
3,718
square-foot
ground
floor
of
the
proposed
residence
will
be
sited
to
observe
the
required
30-foot
front
yard
setback.

Only
two
pop
out
rooms
measuring
approximately
300
square-feet
located
in
the
northerly
and
southerly
wings
of
the
house
and
a
portion
of
the
front
porch
will
encroach
into
the
required
30-foot
front
yard
setback
(Attachment
E)
.

Staff
supports
the
request
to
allow
the
residence
to
observe
a
reduced
front
yard
setback
as
requested.

The
required
findings
to
grant
the
VAR
are
provided
in
the
attached
Resolution.

Environmental
Review:

The
project
is
Categorically
Exempt
from
the
California
Environmental
Quality
Act
(CEQA),
as
a Class
3 and
Class
5 Categorical
Exemption,
pursuant
to
section
15303(a)
and
15305(a)
of
the
CEQA
Guidelines,
in
that
the
project
involves
the
construction
of
a single-family
home
and
a minor
alteration
in
land
use
limitations.

The
proposed
habitat
impacts
and
associated
mitigation
measures
for
the
subject
VAR
and
MDRA
are
adequately
addressed
and
consistent
with
the
City
of
Poway's
Subarea
Habitat
Conservation
Plan
(PSHCP)
, companion
Implementing
Agreement,
and
associated
Mitigated
Negative
Declaration. Fiscal
Impact:

None. Public
Notification:

A
Notice
of
Public
Hearing
was
published
in
the
Poway
News
Chieftain
on
February
8,
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.

Site
Plan
D.

Elevations
E.

Front
Yard
Setback

REMAINDER
OF
PAGE

INTENTIONALLY
LEFT
BLANK
2 of
22 February 20, 2024, Item #4
Reviewed/Approved By:

Assistant City Manager
3 of 22
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chris a:z:

City Manager
February 20, 2024, Item #4

RESOLUTION
NO.
24-
A

RESOLUTION
OF
THE
CITY

COUNCIL
OF
THE
CITY
OF
POWAY,

CALIFORNIA,

APPROVING

VARIANCE
23-0001
AND
MINOR

DEVELOPMENT
REVIEW

APPLICATION
23-0018
TO
ALLOW
THE

RESIDENCE
TO

OBSERVE
A

REDUCED
FRONT
YARD

SETBACK
(ASSESSOR'S
PARCEL
NUMBER
321-011-25)

WHEREAS,
Variance
(VAR)
23-0001
and
Minor
Development
Review
Application
(MORA)
23-0018;
Bill
Yen
, Applicant
, and
PV5902,
LLC,
Owner,
is
a
request
to
construct
a 4,531
square-foot
two-story
residence with
an
attached
garage
on
a
vacant
.90-acre
parcel
located
at
15157
Huntington Court.

The
applicant
requests
a VAR
approval
to
allow
the
residence
to
observe
an
18-foot
front
yard
setback,
when
a
30-foot
setback
is
required
in
the
Residential
Single-Family
2 (RS-2)
zone; WHEREAS,
on
February
20,
2024,
the
City
Council
held
a
duly
advertised
public
hearing
to
solicit
comments
from
the
public,
both
for
and
against,
relative
to
this
application
;

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;
and WHEREAS,
Section

17.50.070
of
the
Poway
Municipal
Code
(PMC)
establishes
findings
required
for
granting
a
Variance.

NOW,

THEREFORE,
BE
IT

RESOLVED
by
the
City
Council
of
the
City
of
Poway
as
follows:

SECTION
1:

The
project
is
Categorically
Exempt
from
the
California
Environmental
Quality
Act
(CEQA),
as
a
Class
3 and
Class
5 Categorical
Exemption,
pursuant
to
Sections
15303(a)
and
15305(a)
of
the
CEQA
Guidelines,
in
that
the
project
involves
the
construction
of
a
single-family
home
and
minor
alteration
in
land
use
limitations.

The
proposed
habitat
impacts
and
associated
mitigation
measures
for
the
subject
VAR
and
MORA
are
adequately
addressed
and
consistent
with
the
City
of
Poway's
Subarea
Habitat
Conservation
Plan
(PSHCP),
companion
Implementing
Agreement,
and
associated
Mitigated
Negative
Declaration
.

SECTION
2:

Pursuant
to
the
City
of
Poway
Subarea
Habitat
Conservation
Plan
(PSHCP),
biological
survey
reports
prepared
by
Gretchen
Cummings,
Biological
Consultant,
dated
December
2023,
were
submitted
for
the
property
. Development
of
the
site
will
impact
approximately

0.01 acres
of
Coastal
Sage
Scrub
(CSS)
habitat
and

0.28 acres
of
Disturbed
Habitat
located
on
property
that
is
outside
of
the
Mitigation
Area
of
the
PSHCP.

In
accordance
with
the
PSHCP,
the
required
findings
for
approval
of
the
removal
of
the
referenced
habitat
for
MORA
23-0018
are
as
follows:

The
proposed
project
is
outside
of
the
Mitigation
Area
of
the
PSHCP.

The
mitigation
is
consistent
with
and
furthers
the
implementing
objectives
of
the
PSHCP
in
that
the
applicant
will
mitigate
impacts
to
CSS
and
Disturbed
habitat
at
a
1:
1 ratio.

Said
mitigation
will
be
through
the
off-site
dedication
of
a
Biological
Conservation
Easement
Deed
preserving
comparable,
undisturbed,
and
unencumbered
habitat
of
equal
or
greater
conservation
value
located
within
the
PSHCP
Mitigation
Area
. Mitigation
for
project
impacts
to
CSS
and
Disturbed
habitat
has
the
option
of
being
accomplished
by
payment
4 of
22 ATTACHMENT
A
February 20, 2024, Item #4
Resolution No. 24-

Page 2 ends

of a Mitigation In-Lieu Fee at the established rate; presently $17,000/acre.

B. Preservation of such habitat within the Mitigation Area will contribute toward the building of the ultimate total Mitigation Area preserve system of the PSHCP. Therefore, such habitat preservation will serve to enhance the long-term viability and function of the preserve system.

C. The habitat preserved through off-site dedication, or purchased by Habitat Mitigation In Lieu Fees paid, will be to the long-term benefit of the PSHCP covered species and their habitats in that the recordation of a Biological Conservation Easement (BCE) Deed over undisturbed and unencumbered habitat (See "A" above) and/or the payment of In-Lieu Fees, will promote a meaningful addition to the assembly of a viable regional system of uninterrupted natural habitat resources, habitat linkages, buffers, and a wildlife corridor.

D. The preserved habitat will foster the incremental implementation of the PSHCP in an effective and efficient manner in that the preservation of off-site conservation area(s) will be within an identified Mitigation Area within the City, and/or the payment of In-Lieu Fees will likewise contribute towards, assembling the total Mitigation Area preserve system.

E. The preserved habitat will not result in a negative fiscal impact with regard to the successful implementation of the PS HCP as.the subject mitigation lands will be dedicated to the City of Poway in fee title and/or placed within permanent public BCE Deeds or In Lieu Fees will be paid.

SECTION 3: The findings, in accordance with Section 17.50.070 of the PMC, to approve VAR 23-0001, are made as follows:

A. That there are special circumstances applicable to the property and because of this the strict application of the Zoning Ordinance deprives the property of privileges enjoyed by other properties in the vicinity with the identical zoning classification. The special circumstances include the fact that development on the subject lot is constrained by an Open Space Easement and sensitive riparian habitat on the easterly approximately 0.45- acres of the 0.9-acre property, thereby making it difficult to site a house that can comply with the front yard setback and maintain an adequate buffer from the open space area and riparian habitat.

B. Granting the Variance is necessary for the preservation and enjoyment of a substantial property right enjoyed by other property owners in the same vicinity and not afforded to the property for which the Variance is sought because the developable area of the lot is constrained by an Open Space Easement and the sensitive riparian habitat.

C. Granting the Variance would not be materially detrimental to the public health, safety, or welfare in the vicinity in that there are adequate public services available in the area to serve the proposed residence.

D. That the granting of this Variance does not constitute a special privilege that is inconsistent with the limitation upon other properties in the vicinity and zone in that the surrounding properties have been developed with single-family homes.

E. Granting the Variance would not allow a use or activity not otherwise expressly authorized in that single-family homes are permitted in the RS-2 zone. 5 of 22
February 20, 2024, Item #4
Resolution
No.
24-
Page
3 F.

That
the
proposed
Variance
will
be
compatible
with
the
City's
General
Plan
because
a
single-family
home
is
permitted
within
the
RS-2
zone
and
will
not
result
in
a
density
increase. SECTION
4:

The
findings,
in
accordance
with
the
Poway
Municipal
Code
(PMC)
17 .52.010,
to
approve
MORA
23-0018,
are
made
as
follows:

That
the
approved
project
is
consistent
with
the
General
Plan
as
it
proposes
the
construction
of
a single-family
residence
on
property
that
is
designated
for
residential
use
.

Therefore
, the
proposed
use
respects
the
interdependence
of
land
values
and
aesthetics
to
the
benefit
of
the
City.

That
the
approved
project
will
not
have
an
adverse
effect
on
the
aesthetics,
health,
safety,
or
architecturally
related
impact
upon
adjoining
properties,
as
the
residence
is
consistent
with
surrounding
residential
development.

Therefore,
the
proposed
design,
size,
and
scale
of
the
proposed
residence
is
compatible
with
and
will
not
adversely
affect,
or
be
materially
detrimental
to
adjacent
uses,
residents,
buildings,
structures,
or
natural
resources.

That
the
granting
of
the
MORA
would not
be
materially
detrimental
to
the
public
health,
safety,
or
welfare
since
the
proposed
use
will
complete
improvements
as
deemed
necessary.

That
the
approved
development
encourages
the
orderly
and
harmonious
appearance
of
structures
and
property
within
the
City
as
the
neighboring
properties
consist
of
low-density
residential
lots.

Therefore,
the
proposed
development
respects
the
public
concerns
for
the
aesthetics
of
development.

That
the
proposed
use
will
not
be
detrimental
to
the
public
health,
safety,
welfare,
or
materially
injurious
to
properties
or
improvements
in
the
vicinity
nor
be
contrary
to
the
adopted
General
Plan
.

That
the
proposed
development
will
comply
with
each
of
the
applicable
provisions
of
the
Zoning
Ordinance
and
the
General
Plan
.

SECTION
5:

The
City
Council
hereby
approves
VAR
23-0001
and
MORA
23-0018,
to
allow
the
construction
of
a
4,531
square-foot,
two-story
residence
with
an
attached
garage
on
a
vacant
located
at
15157
Huntington
Court
and
the
residence
to
observe
an
18-foot
front
yard
setback
as
shown
on
the
approved
plans
incorporated
herein
by
reference
and
on
file
in
the
Development
Services
Department,
except
as
noted
herein,
subject
to
the
following
conditions:

The
applicant
shall
defend,
indemnify,
and
hold
harmless
the
City
, its
agents,
officers,
and
employees
from
any
and
all
claims, actions,
proceedings,
damages
, judgments,
or
costs,
including
attorney's
fees,
against
the
City
or
its
agents,
officers,
or
employees,
relating
to
the
issuance
of
this
permit,
including
, but
not
limited
to,
any
action
to
attack
, set
aside,
void
, challenge,
or
annul
this
development
approval
and
any
environmental
document
or
decision
.

The
City
may
elect
to
conduct
its
own
defense
, participate
in
its
own
defense,
or
obtain
independent
legal
counsel
in
defense
of
any
claim
related
to
this
indemnification.

In
the
event
of
such
an
election,
the
applicant
shall
pay
all
the
costs
related
thereto,
including
without
limitation
reasonable
attorney's
fees
and
costs
.

In
the
event
of
a
disagreement
between
the
City
and
applicant
regarding
litigation
issues,
the
City
shall
6 of
22 February 20, 2024, Item #4
Resolution No. 24-

Page 4 ends

have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant.

8. Approval of this VAR shall apply only to the subject project and shall not waive compliance with all other sections of the Zoning Ordinance and all other applicable City ordinances in effect at the time of Building Permit issuance.

C. Within 30 days of the date of this approval the applicant shall submit in writing that all conditions of approval have been read and understood.

D. The conditions of VAR 23-0001 shall remain in effect for the life of the subject structure and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner.

E. Prior to issuance of a Grading Permit:
(Engineering)
7 of22

1. All retaining walls that are not San Diego Regional Standard Drawing walls will need to go through the internal review process with the Building Department. Please contact them for the required fees and submittal requirements (858) 668-4646. The grading permit will not be issued until the walls have been approved by the Building Department.

2. The proposed splash wall and riprap details must be provided on the grading plans.

3. The owner shall be responsible for the maintenance of the private sewer lateral and will be required to sign a private sewer lift station agreement.

4. Prior to Grading Permit issuance, the owner will be required to sign a covenant to relinquish any future access from the Southerly 20 feet designated as access opening as described by the easement document 1980-42107 4, of Official Records.

5. Submit a precise grading plan for the development of the lot prepared on a City of Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City project engineer. The plans shall use vertical datum NAVD88. Please be aware that all elevations in the Poway Benchmark list are datum NGVD 29 and will need to be converted. Submittal shall be made to the Department of Development Services Engineering Division for review and approval. The grading design shall be 100% complete at the time of submittal, ready for approval and issuance of permit.

Incomplete submittals will not be accepted. All technical studies as required by Chapter 16 of the PMC shall be submitted. The applicant shall pay the grading permit and plan check fee according to the latest adopted master fee schedule.

6. The applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the site plan and be appropriately sized for the proposed level of development.

7. A drainage study addressing the impacts of the 100-year storm event prepared by a licensed Civil Engineer is to be submitted and approved. The study shall evaluate February 20, 2024, Item #4
8 of 22
Resolution No. 24-

Page 5 ends

existing and proposed hydrologic and hydraulic conditions to the satisfaction of the City project engineer.

8. Water Quality Control -Design and Construction: The project shall comply with the City and Regional Water Quality Control Board (RWQCB) stormwater requirements.

The project is considered a Standard Development Project and will be subject to all City and State requirements. A standard project Storm Water Quality Management Plan (SWQMP) is to be submitted, consisting of the forms listed in the Poway BMP Design Manual, Section 8.1.1.

9. Grading securities shall be posted with the City prior to grading plan approval per section 16.46.080 of the PMC. A minimum cash security of $2,000 is required in all instances.

10. The applicant shall pay the storm water pollution inspection fee according to the latest adopted master fee schedule.

11. Following approval of the grading plans, posting of securities and fees, and receipt of four copies of the approved plans, the applicant shall attend a pre-construction meeting at the Department of Development Services. The scheduling request shall be submitted on a City standard form available from the City's project engineer along with four copies of the approved grading plans. The applicant's action plan that identifies measures to be implemented during construction to address erosion, sediment and pollution control will be discussed. Compliance for sediment control shall be provided as directed by the project inspector.

12. Prior to the start of any work within a City-held easement or Right-Of-Way (ROW), a ROW Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance.

13. Construction staking is to be inspected by the Engineering Inspector prior to any clearing, grubbing, or grading. At a minimum, all protected areas as shown on the approved grading plans are to be staked under the direction of a licensed land surveyor or licensed civil engineer and delineated with lathe and ribbon. As applicable, provide two copies of a written certification, signed, and sealed in accordance with the Business and Professions Code, by the engineer of record stating that all protected areas have been staked in accordance with the approved plans. (Planning)

14. According to the habitat assessment and area calculations prepared by Gretchen Cummings, Biological Consultant, dated December 2023, the project will impact 0.01 acres of Coastal Sage Scrub (CSS) and 0.28 acres of Disturbed Habitat. Impacted CSS and Disturbed Habitat shall be mitigated at a 1: 1 ratio with 0.29 acres of undisturbed, unencumbered similar quality and type native habitat. Mitigation for the impacts to the CSS and Disturbed Habitat may have the option of being accomplished by payment of a Mitigation In-Lieu Fee at the established rate; presently $17,000/acre.

Habitat mitigation shall be completed as follows:
a. The subject property is located outside of the Poway Subarea Habitat Conservation Plan (PSHCP) Mitigation Area; therefore, the off-site dedication of 0.29 acres of habitat is required. Said off-site dedication shall require the February 20, 2024, Item #4
9 of
22 Resolution
No.
24-
Page
6 applicant
to
dedicate

0.29 acres
of
in-kind
habitat
in
a
Biological
Conservation
Easement
(BCE).

Said
Conservation
Easement
shall
be
approved
by
the
Director
of
Development
Services
and
shall
be
notarized
and
recorded
with
the
County
of
San
Diego
at
the
applicant's
expense.

In
compliance
with
the
PSHCP,
the
City
shall
subsequently
re-zone
the
mitigation
land
to
Open
Space-Resource
Management
to
ensure
its
permanent
preservation.

The
applicant
may
opt
to
complete
the
mitigation
requirement
for
the
CSS
habitat
and
Disturbed
Habitat
impacts
only
through
the
payment
of
a
Habitat
Mitigation
In-Lieu
Fee.
b.

In
accordance
with
Condition
H
of
the
PSHCP
Incidental
Take
Permit,
a
take
of
active
California
Gnatcatchers
nests,
which
includes
harassment
of
the
bird
due
to
grading
noise
and
vibrations
from
February
15 through
July
1,
is
not
permitted.

Therefore,
grading
during
this
timeframe
will
only
be
permitted
subject
to
the
following
conditions
having
been
met
to
the
satisfaction
of
the
Director
of
Development
Services.

The
applicant
is
hereby
advised
that,
during
grading,
if
active
nests
are
found
within
500-feet
of
the
grading,
the
grading
activity
shall
be
stopped
until
such
time
as
mitigation
measures
to
the
satisfaction
of
the
City
and
the
United
States
Fish
and
Wildlife
Service
(USFWS)
are
implemented.

There
is
no
guarantee
that
grading
will
be
allowed
to
resume.
•
If
grading
or
clearing
is
to
occur
between
February
15 and
July
1,
the
applicant
shall
provide
to
the
Planning
Division
a
letter
from
a
qualified
biologist
(retained
by
the
applicant)
with
a
scope
of
work
for
CSS
habitat
and
Gnatcatcher
survey,
and
a
report
for
the
area
to
be
cleared
and/or
graded
and
CSS
habitat
areas
within
500-feet
of
such
area.

The
biologist
shall
contact
the
USFWS
to
determine
the
appropriate
survey
methodology.

The
purpose
of
the
survey
is
to
determine
if
any
active
Gnatcatcher
nests
are
located
in
the
area
to
be
cleared
or
graded,
or
in
CSS
habitat
within
500-feet
of
such
area.

To
be
considered
qualified
the
biologist
must
provide
the
City
with
a copy
of
a valid
Gnatcatcher
Recovery
Permit
from
the
USFWS.
•
The
scope
of
work
shall
explain
the
survey
methodology
for
the
biological
survey
and
the
proposed
Gnatcatcher
nest
monitoring
activities
during
the
clearing/grading
operation
.
•
Should
the
report
show,
to
the
satisfaction
of
the
Director
of
Development
Services,
that
Gnatcatcher
nests
are
not
present
within
the
area
to
be
graded/cleared
or
within
CSS
habitat
located
within
500-feet
of
said
area,
approval
may
be
granted
to
commence
clearing/grading
within
the
Gnatcatcher
nesting
season
from
February
15 through
July

1. •
If
Gnatcatchers
are
present
within
the
area
to
be
graded/cleared
or
within
CSS
habitat
located
within
500-feet
of
said
area
no
grading
will
be
allowed
during
this
time.
c.

The
biologist
must
attend
the
City's
pre-construction
meeting
for
the
project
February 20, 2024, Item #4
10 of
22 Resolution
No
. 24-
Page
7 and
must
be
present
on-site
during
all
clearing/grading
activities
to
monitor
that
the
clearing/grading
activities
stay
within
the
designated
limits
. During
this
period,
the
biologist
shall
also
monitor
and
survey
the
habitat
within
the
area
to
be
cleared/graded
and
any
habitat
within
500-feet
of
said
area
on
a
daily
basis
for
any
evidence
that
a
Gnatcatcher
nest(s)
exists
or
is
being
built.

Weekly
monitoring
summaries
shall
be
submitted
to
the
Planning
Division
of
the
Development
Services
Department.

Should
evidence
of
a
Gnatcatcher
nest(s)
be
discovered,
the
grading
operation
shall
cease
in
that
area
and
be
directed
away
from
the
Gnatcatcher
nest(s)
to
a
location
greater
than
500-feet
away
from
the
nest(s).

If
grading
is
required
to
stop
due
to
the
presence
of
active
nests,
the
applicant
shall
provide
erosion
control
to
the
satisfaction
of
the
City
Engineer.

This
paragraph
must
be
included
as
a note
on
the
cover
sheet
of
the
clearing/grading
plan.
d.

Upon
completion
of
the
clearing/grading
activities,
the
applicant's
biologist
shall
submit
to
the
Director
of
Development
Services
a
biological
monitoring
report
summarizing
the
daily
observations
of
the
biologist
, including
whether
any
Gnatcatchers
or
evidence
of
active
Gnatcatcher
nests
were
present
during
clearing
and
grading
activities
within
the
area
and
any
habita
t within
500-feet
of
said
area
.
e.

At
a
minimum,
all
protected
areas,
as
shown
on
the
grading
plan,
shall
be
staked
by
a
licensed
surveyor
, and
delineated
with
lathe
and
ribbon.

The
applicant
shall
have
said
staking
inspected
by
the
Engineering
inspector
prior
to
any
grading,
clearing,
or
grubbing
. A
written
certification
from
the
engineer
of
work
, or a
licensed
surveyor,
shall
be
provided
to
the
Engineering
Inspector
stating
that
all
protected
areas
are
staked
in
accordance
with
the
approved
project
plans
.
f.

The
biologist
shall
provide
the
City
with
written
confirmation
that
the
limits
of
clearing/grading
are
in
accordance
with
the
project's
Biological
Resource
Assessment.

15. A
BCE
shall
be
recorded
over
the
existing
Open
Space
Easement
area.

Please
be
advised
that
pursuant
to
the
PSHCP,
the
City
will
process
a General
Plan
Amendment
and
Zone
Change
to
change
the
land
use
and
zoning
designation
of
the
BCE
area
to
Open
Space-Resource
Management
(OS-RM)
to
ensure
permanent
preservation
.
16 . Landscape
and
irrigation
plans
shall
be
submitted.

The
project
site
shall
be
landscaped
and
irrigated
in
compliance
with
the
City
of
Poway
Landscape
and
Irrigation
Design
Manual,
Chapter

17.41 PMC,
and
all
other
applicable
standards
in
effect
at
the
time
of
landscape
and
irrigation
plan
check
submittal.

This
includes
but
is
not
limited
to
the
submittal
of
an
irrigation
audit
report,
pursuant
to
Section

17.41.110
of
the
PMC,
prior
to
final
inspections/issuance
of
a
Certificate
of
Occupancy
.
17 . The
landscape
and
irrigation
plan
submittal
is
a
separate
submittal
from
other
project
plan
check
submittals
and
is
made
directly
to
the
Planning
Division.

Landscape
and
irrigation
plan
review
fees
are
required
and
are
the
responsibility
of
the
applicant.
a.

The
plans
for
landscaping
shall,
at
minimum,
show
irrigation,
and
sizes,
and
species of
plants
for
the
Fire
Fuel
Management
Zones
and
all
manufactured
slopes
February 20, 2024, Item #4
steeper
than
5:1.

Resolution
No.
24-
Page
8 b.

The
plans
shall
call
out
the
location
of
permanent
posts
with
signs
to
be
installed
along
the
border
between
the
approved
development
area
of
the
lot
and
the
BCE
to
delineate
in
perpetuity
the
conservation
values
and
function
of
the
BCE
area
.

The
signs
shall
be
4-feet
to
6-feet
in
height,
at
a
maximum
spacing
of
approximately
40-feet
to
the
satisfaction
of
the
Director
of
Development
Services.
c.

A
note
shall
be
added
to
the
plans
that
if
construction
of
the
residence
does
not
commence
within
90 days
of
completion
of
grading,
all
manufactured
slopes
steeper
than
5:
1 shall
be
hydroseeded
and
irrigated
to
the
satisfaction
of
the
Director
of
Development
Services
.

Prior
to
construction
the
applicant
shall
obtain
a
building
permit.

Prior
to
issuance
of
a
building
permit,
the
applicant
shall
comply
with
the
following:
11 of
22 1.

The
development
shall
comply
with
the
current
addition
of
the
California
Building
Code,
California
Plumbing
Code,
California
Mechanical
Code
, California
Electrical
Code,
California
Residential
Code,
California
Fire
Code,
California
Energy
Code
and
California
Green
Code
at
time
of
submittal
to
the
Building
Division
. All
development
shall
comply
with
state
structural
calculations
and
seismic
safety
requirements.
(Engineering) 2.

All
spoiled
materials
from
footings
and
foundations
shall
be
legally
disposed
of
off-site
or
if the
material
is
to
remain
onsite,
the
material
shall
be
placed
per
the
requirements
of
the
City
grading
ordinance.

3. The
applicant
shall
incorporate
LID
design
features
into
the
site
development.

These
shall
be
clearly
shown
and
identified
on
the
site
plan
and
be
appropriately
sized
for
the
proposed
level
of
development.

4. The
developer
shall
install
and
maintain
all
erosion
control
devices
throughout
their
intended
life
.

5. A
minimum
cash
security
for
erosion
control
is
required
.

6. The
applicant
shall
pay
the
storm
water
pollution
inspection
fee
according
to
the
latest
adopted
master
fee
schedule
.

7. The
applicant
shall
pay
all
applicable
development
impact
fees
in
effect
at
the
time
of
permit
issuance
for
the
proposed
accessory
dwelling
unit.

8. The
applicant
shall
attend
a
pre-construction
meeting
at
the
Department
of
Development
Services.

The
scheduling
request
shall
be
submitted
on
a
City
standard
form
available
from
the
City's
project
engineer. The
applicant's
action
plan
that
identifies
measures
to
be
implemented
during
construction
to
address
erosion,
sediment
and
pollution
control
will
be
discussed.

Compliance
for
sediment
control
shall
be
provided
as
directed
by
the
project
inspector.
(Planning) 9.

The
site
shall
be
developed
in
accordance
with
the
approved
grading
plans
on
file
in
February 20, 2024, Item #4
Resolution
No
. 24-
Page
9 the
Development
Services
Department
and
the
conditions
contained
herein.

Grading
shall
be
in
accordance
with
the
Uniform
Building
Code
(USC),
the
City
Grading
Ordinance,
the
approved
grading
plan,
the
approved
soils
report,
and
grading
practices
acceptable
to
the
City.

10. Pursuant
to
the
requirements
of
the
site
Noise
Study
prepared
by
Dudek
and
Associates,
dated
July
3,
2006,
and
Memorandum,
dated
June
13,
2023,
the
house
is
required
to
have
air
conditioning
or
mechanical
ventilation
so
that
windows
may
be
closed
to
bring
interior
noise
levels
to
45 decibels
or
less
. Reference
to
compliance
with
this
requirement
shall
be
noted
on
the
building
plans.

Additionally,
the
application
of
solid
materials
to
supplement
the
acoustically
porous
railing
of
the
northeastern
upper
story
balcony
associated
with
Bedroom
4 and
thus
enable
potential
seated
occupants
of
that
private
outdoor
space
to
receive
predicted
traffic
noise
exposure
levels
compatible
with
the
City's
exterior
standard
of
60 dBA
CNEL.

If this
balcony
is
instead
just
a
decorative
feature
of
the
Project's
northern
fac;ade
and
not
intended
for
occupation
by
residents
or
their
guests
, then
such
acoustical
upgrading
would
not
be
needed.
11 . The
applicant
shall
comply
with
the
latest
adopted
USC,
National
Electric
Code,
Chapter
17 .07
PMC,
and
all
other
applicable
codes
and
ordinances
in
effect
at
the
time
of
permit
issuance.

12. School
impact
fees
shall
be
paid
at
the
rate
established
at
the
time
of
Building
Permit
issuance.

Please
contact
the
Poway
Unified
School
District
for
additional
information
at
(858)
679-2570.
13 . An
Affordable
Housing
In-Lieu
Fee
of
$500
for
the
residence
shall
be
collected
prior
to
the
Building
Permit
issuance
.

14. The
residence
shall
be
equipped
with
low
flow
plumbing
fixtures
.

15. Exterior
building
materials
and
finishes
shall
be
muted
earth
tones
and
shall
be
consistent
with
the
elevations
on
file
at
the
City.

Please note
the
colors
of
exterior
finishes
on
the
building
plans.

16. Landscape
and
Irrigation
plans
shall
be
approved
prior
to
issuance
of
the
building
permit.

G
.

The
applicant
shall
comply
with
the
following
requirements
to
the
satisfaction
of
the
Fire
Department:
12 of
22 1.

This
parcel
is
located
within
the
very
high
fire
hazard
severity
area
of
the
City
and
is
new
construction;
therefore,
the
California
Building
Code
Chapter
7 A
and
the
PMC

15.24 shall
apply.

2. Ignition
resistant
class
I construction
shall
be
required
per
the
California
Building
Code
Chapter
7A.

3. Approved
water
supplies,
capable
of
supplying
the
required
fire
flow
of
1500GPM
for
fire
protection,
shall
be
provided
to
all
premises
within
600-feet
of
all
structures
following
an
approved
route.

A
water
analysis
shall
be
performed
to
establish
the
February 20, 2024, Item #4
13 of
22 Resolution
No.
24-
Page
10 adequacy
of
the
existing
water
main
and
all
necessary
system
design
to
serve
the
project.

Costs
of
the
water
analysis
shall
be
the
responsibility
of
the
applicant.

4. The
approved
water
supply
for
fire
protection,
either
temporary
or
permanent,
shall
be
made
available
as
soon
as
combustible
materials
arrive
on
site.

5. A
residential
fire
sprinkler
system
with
a
one-inch
meter
and
lateral
are
required.

A
separate
plan
submittal
and
approval
to
the
Poway
Fire
Department,
Division
of
Fire
Prevention
, prepared
by
a
licensed
sprinkler
contractor
or
fire
protection
engineer
is
required
for
the
residential
sprinkler
system
prior
to
installation
. There
is
a
separate
fee
for
this
plan
check
and
inspection
services.

If
a
one-inch
lateral
off
the
street
main
is
currently
not
present,
one
will
have
to
be
installed.

If
a
pressure
pump
is
required
for
fire
sprinkler
operation,
auxiliary
power
is
required.

6. Fire
apparatus
access
roadways
and
driveways
shall
have
an
unobstructed,
improved
width
of
not
less
than
20-feet,
except
that
single-family
residential
driveways
serving
no
more
than
two
improved
parcels
containing
dwelling
units
are
permitted
to
have
a
minimum
of
16-feet
of
unobstructed
improved
width.

In
most
cases,
the
City
of
Poway
construction
standards
for
streets
will
be
more
restrictive,
Chapter
12 .20
PMC.

The
more
restrictive
standard
shall
apply
. Vertical
overhead
clearance
shall
be
a
minimum
of
13-feet
6-inches.

Fire
apparatus
access
roads
shall
be
designed
and
maintained
to
support
the
imposed
loads
of
a fire
apparatus
at
not
less
than
75,000
pounds
and
shall
be
provided
with
an
approved
paved
surface
to
provide
all-weather
driving
capabilities.

A
paved
driving
surface
shall
mean
asphalt,
concrete,
permeable
paving
system,
or
decomposed
granite when
utilized
only
on
the
immediate
driveway
serving
the
single
family
dwelling
or
accessory
structure
and
the
grade
is
5 percent
or
less
and
is
followed
with
an
engineered geotechnical
report
indicating
said
material
and
construction
meets
the
minimum
75,000-pound
fire
apparatus
weight capacity.

The
turning
radius
of
a
fire
apparatus
access
road
shall
be
a
minimum
of
28-feet
as
measured
to
the
inside
edge
of
the
improvement
width.

7. The
gradient
for
a
fire
apparatus
access
roadway/driveway
shall
not
exceed
20 percent.

Grades
16 to
20 percent
(incline
or
decline)
shall
be
constructed
of
Portland
Cement
Concrete
(PCC),
with
a
deep
broom
finish
perpendicular
to
the
direction
of
travel,
or
equivalent,
to
enhance
traction.

Grades
10 to
15 percent
shall
be
constructed
of
asphalt
or
PCC.

Permeable
paver
systems
shall
only
be
utilized
for
grades
0 to
9 percent.

Decomposed
Granite
(DG)
may
be
utilized
only
for
the
immediate
driveway
serving
the
single-family
dwelling
or
accessory
structure
and
not
the
main
fire
apparatus
roadway.

DG
shall
only
be
approved
when
the
driveway
grade
is
5 percent
or
less.

The
angle
of
departure
and
the
angle
of
approach
of
a
fire
access
roadway/driveway
shall
not
exceed
12 percent.

8. All
dead-end
fire
access
roadways/driveways
greater
than
150-feet
in
length
shall
be
provided
with
approved
provisions
that
allow
emergency
apparatus
to
turn
around.

Turnarounds
shall
comply
with
the
City
of
Poway
Fire
Department
Turnaround
Policy.

A
cul-de-sac
shall
be
provided
in
residential areas
where
the
access
roadway
serves
more
than
two improved
parcels
containing
dwelling
units.

The
minimum,
unobstructed
paved
radius
width
for
a
cul-de-sac
shall
be
38 -feet
in
residential
areas.

9. Driveways
shall
extend
to
within
150-feet
of
all
portions
of
the
exterior
walls
of
the
first
story
of
the
structure
as
measured
by
an
approved
route
around
the
exterior
of
the
February 20, 2024, Item #4
14 of
22 Resolution
No
. 24-
Page
11 building
, unless
formally
approved
by
the
fire
marshal
under
an
exception
to
extend.
10 . Fire
apparatus
roadways
and
driveways
for
fire
protection,
either
temporary
or
permanent,
shall
be
made
available
as
soon
as
combustible
materials
arrive
on
site
.
11 . Approved
address(es)
shall
be
placed
on
all
new
and
existing
buildings
and
at
appropriate
additional
locations
as
to
be
plainly
visible
and
legible
from
the
street
or
roadway
fronting
the
property
from
either
direction
of
approach
. Address(es)
shall
contrast
with
their
background
and
shall
meet
the
City
of
Poway
standards.

The
address
shall
also
be
required
at
the
private
driveway
entrance
.

12. All
automatic
gates
across
fire
access
roadways
and
driveways
shall
be
equipped
with
a
Knox
Gate
Key
Switch
overriding
all
command
functions
and
opening
gate(s)
for
emergency
apparatus
vehicles.
13 . Buildings
and
structures
located
in
a
Rural
Residential
(RR)
zone
within
the
Very
High
Fire
Hazard
Severity
Area
shall
be
setback
a
minimum
of
30-feet
from
property
lines
and
biological
open
space
easements
unless
the
PMC
requires
a
greater
minimum.

When
the
property
line
abuts
a
roadway
, the
setback
shall
be
permitted
to
measure
from
the
farthest
roadway
edge
.

14. Buildings
and
structures
located
within
the
Very
High
Fire
Hazard
Severity
Area
shall
be
set
back
from
the
top
of
slope(s)
. Single-story
structures
shall
be
set
back
a
minimum
15-feet
horizontally
from
the
top
of
slope
to
the
farthest
projection
from
a
roof.

A
single-story
structure
shall
be
less
than
12-feet
above
grade
. A
two-story
structure
shall
be
setback
a
minimum
of
30-feet
horizontally
from
top
of
slope
to
the
farthest
projection
from
a
roof
.

Structures
greater
than
two
stories
may
require
a
greater
setback
when
the
slope
is
greater
than
2 to

1. The
structure
setbacks
shall
be
reflected
in
the
site
plan
. Show
scaled
cross
section
profiles
denoting
the
top
of
the
slope,
building/roof
projections,
and
the
setback
distance
at
multiple
locations
on
the
plan
submittal.

15. The
project
shall
comply
with
Section
Four
of
the
City
of
Poway
Landscape
and
Irrigation
Design
Manual
and
PMC
15 .24
as
it
relates
to
fuel
management
and
defensible
space.
100-feet
of
fuel
management
consisting
of
5-feet
of
Zone
0, 30-feet
of
Zone
1,
and
70-feet
of
Zone
2,
is
required.

Mitigation
is
required
where
100-feet
of
fuel
management
cannot
be
achieved
within
the
parcel
boundaries
.
10-feet
of
vegetation
fuel
modification,
meeting
Zone
2 requirements,
shall
be
maintained
on
both
sides
of
the
driveway
and
fire
access
roadway
fronting
the
property
when
not
already
within
a
fuel
modification
zone;
Mitigation
is
required
where
100-feet
of
fuel
management
cannot
be
achieved
within
the
parcel
boundaries,
applicant
shall
contact
the
Fire
Marshal
at
(858)
668-4471
to
review
mitigation
options
. The
landscape
plan
requires
a
separate
landscape
and
irrigation
plans
submittal
prepared
pursuant
to
the
City
of
Poway
Landscape
and
Irrigation
Design
Manual
requirements.

Section
Four
and
Fuel
Modification
Zones
shall
be
reflected
in
the
site
plan
. There
is
a
separate
fee
for
this
plan
check
and
inspection
services.

The
applicant
shall
submit
and
receive
signed
approval
of
landscape
and
irrigation
plans
prior
to
the
issuance
of
the
building
permit.

All
fuel
modifications
shall
be
installed
prior
to
the
final
inspection
for
issuance
of
a
certificate
of
occupancy
.

16. All
flammable
vegetation
within
the
approved
fuel
modification
zone
shall
be
removed
February 20, 2024, Item #4
Resolution
No.
24-
Page
12 prior
to
the
arrival
of
combustible
material
on
the
site
and
shall
be
maintained
during
the
duration
of
the
project
until
all
elements
of approved
fuel
modification
zones
are
installed
and
approved
.

17. Smoke
alarms
shall
be
installed
in
all
bedrooms
and
ad
joining
hallways,
on
each
separate
floor,
and
shall
be
interconnected.
18 . Carbon
monoxide
alarms
shall
be
installed
in
hallways
adjoining
bedrooms,
on
each
separate
floor
, and
shall
be
interconnected
.

19. Chimneys
and
or
fireplaces
shall
be
equipped
with
an
approved
spark
arrester
meeting
the
requirements
of
the
California
Building
Code.

20. Liquid
propane
gas
tanks
shall
be
approved
by
the
City
of
Poway
building
department.

The
size
and
location
shall
be
reflected
in
the
site
plan.

Prior
to
the
issuance
of
a
Certificate
of
Occupancy,
the
applicant
shall
comply
with
the
following
:
(Engineering) 1.

All
existing
and
proposed
utilities
or
extension
of
utilities
shall
be
installed
underground
. No
extension
of
overhead
utilities
shall
be
permitted.

2. The
drainage
facilities,
driveway,
and
all
utility
services
shall
be
installed
and
completed
by
the
property
owner
and
inspected
and
approved
by
the
Engineering
Inspector.

All
new
utility
services
shall
be
placed
underground
.

3. An
adequate
drainage
system
shall
be
provided
around
the
new
building
pads
capable
of
handling
and
disposing
of all
surface
water
to
the
satisfaction
of
the
Engineering
Inspector
.

4. The
applicant
shall
repair,
to
the
satisfaction
of
the
City
Engineer
, any
and
all
damage
to
public
improvements
caused
by
construction
activity
from
this
project.
(Planning) 5.

All
exposed
slopes
greater
than
5: 1 slope
shall
be
planted
and
irrigated
in
accordance
with
the
approved
Brush
Management/Landscaping
Plan
.

6. A
minimum
6-foot
high
noise
barrier
wall
shall
be
constructed
along
the
back
yard
pad
limits
in
accordance
with
the
Noise
Study
prepared
by
Dudek
and
Associates,
dated
July
3,
2006
.

SECTION
6:

The
approval
of
VAR
23-0001
and
MORA
23-0018,
shall
expire
on
February
20,
2026,
at
5:00
p.m.
unless,
prior
to
that
time,
construction
on
the
property
in
reliance
on
the

VAR/MORA
approval
has
commenced
prior
to
its
expiration.

SECTION
7: The
parties
are
hereby
informed
that
the
time
within
which
judicial
review
of
this
decision
must
be
sought
is
governed
by
Section
1094
.6
of
the
California
Code
of
Civil
Procedure
.
15 of
22 February 20, 2024, Item #4
Resolution No. 24-

Page 13 ends

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 20th day of February 2024 by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
16 of 22
February 20, 2024, Item #4
17 of 22
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LEGEND
------ PROPERTY UIE
SHEET 1 OF 2 SHEETS

SITE PLAN
MORA 23-0018
VARIANCE 23-0001
D'.ISTINC EASEMrlfT LIN(
- - - - - - B\Jll.DINC SrT8ACK UN[
____ _..:-~--- EXISTI»c CONTOUR
---7\0-- PflOPOS(tJ COHTOUR
------OOSTIHC WATER WJN
15157 HUNTINGTON COURT
APN 321-011-25
---- --0::tSlll-lC SE:'WER IUJN
-------ffiOO PROPOSED 1 ·, W-'T£11 SEFMCE W BAO<FlOW PR[V[NlOR --------@ EXISTING .a•• SO'ER SCR'.1C[
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=r = ::r:=Y:= PROPOSED 2:1 CUT SlOP(
a--- --- PROPOSED YARD DRAIN
- - - PROPOSED SUflrACE OIUJN

SCOPE OF WORK
~
GRAD( TO Ol'WII AWAY FROM PAO. 2,C MIN.

PROPOSEO SPOT El.EVA~
CONSTRUCT NCW TWO-STORY CVSTOW RE'SIO[»CE WITH
ATTACH£t>.3-CAAGA,R,IGC
PROPOSED A..C. PAVII'(; c=i
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PRO/>OS(D RP IW' [MERCY O!SSIPATOR
_ PROPOSED COliCRETE ~y
-----~ PROPOSED RCTAININC WAU. 6' UAX HIGHT
===,=-- PROPOS(O 15' nRE PROTECT/SOUtlO ATT0;UAT10H WAll ---;.---CVT/Fl..LUNE

LEGAL DESCRIPTION

IMPERVIOUS ANO DISTURB AREA TABULATION
EXISTitlC IIIPERY!OUS AA[A: 1,!160 SQ.FT,
PROPOSrD IMPOMOUS ARO< 15,204 SQ.FT.

TOTAL DISTIJRB .I.REA (INCUIOING CONSTRUCTION LAl'OVT AAEA):
115,7110 SQ.FT.

PARC£\. I OF PARCQ. t.W' NO. 10915. IN TME CITT ~ PfMAY, COUNTY Of SAN OIECO. STAlt: Of CAU'ORN\,\ RECORDED ~ LOT AND BUILDING DATA THE OfFICE Of Pi[ COUNTY RECORD~ Of SAN DIEGO COUNTY, ON JAHUl,RT 22, 19111. LOT AREA: 2!1,.l42 SO.FT. CROSS, J0,28!1 SO.FT. NET ZONIHC: RS-2

EARTHWORK QUANTITY ESTIMATE
[XC,l,,VATION:280S.T .
~KMENT: 7JO C.Y.

IMPOAT: .. ~ c:r.

EXISTING EASEMENTS AND RELINQUISHMENT
PROPOS£0 flRST fl.OOR L.JVNC AREA: J.01J SQ.FT.

PROPOSrD SECOND Fl.OOR LMNC AREA: lllJ SQ.FT.

PROPOS£0 TOTAL LMNG AAEA:. J.1126 SQ.FT.

PROPOSED CAR.AGE AREA: 705 SQ.fr.

PROPO'S£0 COVERED DITR1' .AREA: 705 SO.FT.

PROPOS£0 fOOTPA.INT AAEA: J,822 SO.FT.

W.XII.IUII .-U.OWABL( LOT CO'vOIACE: J5 l: (10,601 SO.FT.) PROPOSED LOT COVERAGE: 12.6 l: (J.1122 SQ.FT,)
DOfl PUBLIC ROAD TO COONTY or ~ Ol[CO PER BK 656 REC'D 6/!l/l!ll7 D0f2 WATERUNE EASEMENT TO J,A,l,l£S R. SHl'DER. £TUX PER INSTf 1!17J-2111749 R[C'O ll/7/197J. CANNOT BE PLOITTD Pt'.R 0((0 DOf3 PUBLIC HICHWA1' fASCM[Nl TO COUNTY or SAN DIEGO P[R IHSTI 19110-357198 R[C"O 10/27/19&0 D0f4 ACCESS RICHT REUNOUISHWOIT PER rusrf 19110-421074 REC'D 12/15/19110 DOf5 OP£H SPACE EASEMENT TO COUNTY Of SAN DIECO PER 111ST f 1981-012367 REC'D 1/14/19111 D0f6 ROAD ANO UTlUTT EASEMENT TO JAMES R. SNTOER, £T AL PER HST f 19!11-023209 REC'D 1/2.J/1!181 D0f7 ROAD NIIO UTIUTT EASEMENT TO SH£RVIN 5-'RICQ?l PER ltlST f 1991-0047942 REC'D 2/1/1991 OOfll RIGHT-Of-WAY CIWfl!D TO CITY Of POWAY PER HST f 2017-(),423945 RECORD£() 9/15/2017 OOf!I ROAD AND IJTIUTT EASEMEHT PER INSTf 19111-023210 RECOROCO 1/23/1!181

EXISTING TOPOGRAPY INFORMATION
fl[l.D SURVEY P(RroAUEO W!Tl!IN TH( PROf"OS([) CIU,OING AREA. AOOUlOW,l TOPOCAAPKY ElCTRACTEO f'R()l,I TH( crrr or POWAY RECORD ~ rOR CAAOING PLAN Cl 299-00
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Mmad R. Razaghl
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FIRE PROTECTION NOTES
I. nus P.-RC[l IS LOCI.TEO WITH!N THE ';'(RY H!CH nRE HAZAAO ARCA Of TM( CITY ANO ts N(W f~~~~(FQR(. CAlffORNLA 8UllDING COO( CHAPTC.R 7/1,. ,\NO POWAY MUNICIPAL COO£

2. ICtllllON Rr:stsT.IXT CLASS I CONSTRVCTlCHI IS REOIJIRED "5 OCSC:AI8EO JN TM( C/1,.UfQRNLA 8UIU>ING COO£ CHN'T[Jil 7A.

3. AN APPAOV(l) WATER SUPPLY CN'ABt.E Of SUPPL'l'l»G TME AEOUIRCO nRE now Of I500CPM fOR f'JlE PROTECTlOt-1 ~ SE PROYIOCD TO ALL PRDIISES UPON WHICH fAC!LJTIES, 8UILDINCS, OR PORTJOHS Of Bl.lll.DINCS WU. 8[ CONSTRUCTED. A N('N WATUI IAAIN l,t!O nR£ K'l't>RNrr SHAlL 8( LOCATED WITHN 600 f££T Of TM[ STRUCTURE fOU.OWING AN .oPf'ROV(O ROUTE. A WATER AH.1.LYSIS SHAU 8( PERfORME:O TO tsT>llUSH THE AOE:OUAC'I' OF THE EXISTING WATtR MAIN N«l ALL NCCCSSAR'Y STSTDI 0CStCtt TO SOM: TME PROJECT. COSTS Of THE WATER »u.t.YSISSHAU..BETHER'£SPONSJ81UTYOfTHEAPPUCAHT.

4. Tl1E APPROIIED WAT(R SUPPLY fOR f'JlE PROTt:CTIOtl, Ern£R TDl:POftARY OR PERW,l,IENT, SHAU.

BE WADE AVAI..ABLE "5 SOON AS COM8UST1Bl.E MA.ITRIAI.. ARRIVES ON SITE.

5. A RESlortmAL nR[ SPRINKILR SYSTD,i Willi A ONE-INCH METER IS REOURED. A SEPAIU.TE PU,N SUBlilTTI\L N«l l<l>PRCNJJ.. TO THE POWAY nR[ OD>ARTMtNT, OMSION Of FlRE PR(VO(T}Ot,I, PREPARED BY A LICENSED SPRINKLER CONTAACTOR OR nR[ PROTECTlON DIGINEOI IS RtOOREtl fOR THE RESIDDm,l,,L SPflllKLDt SYST£M PRIOR TO INSTALLATION. THERE IS A 5£PARATE f[[ fOR TMIS Pl.AN CHECK ANO INSPECTlON SOMC(S. If A ONONCH LATERJJ.. OFF TM[ SlREIT W-14 ts CUARDffi.Y HOT PRC5£HT, ONE WIU K.'.V[ TO BC !NSTAI..UD. If A PRESSURE P\NP IS R(QUIRED fOR FlRE SPRINKLUI: oPOU.TIOH. AUXIIJ,l,R'( P0WtR IS REOUIREO.

II. nRE APPARATUS ACC(SS ROADS Stw...l. KAVE AN UNOBSTRUCTro. IMPROVCO WllTH Of IMJT LESS Ttwl 20 fEET. EXCEPT SINCl[-fAMU RESIXHl'lAL ORNtWAYS SON'lffi NO MOR£ Ttwl l'/rtO IMPROVED PARCElS CONTAltllNC DWEUJNG UIUTS SHAU. HA.vt: A Mltlt.lUM Of 111 f'E£T Of UU08STRUCTED IMPRa,,EQ WIDTH. IN l,IQST CASES, TM[ CITY Of PC!WAY COUS1RUCT10N STANOAROS fOR STREITS (CHAPTI'.Jl 12.20 Pt.IC) 'MU. BE MOR[ RESTlUCTh'E:. TM( MORE RESTRICTIVE ST.\NDARO SHAU.. APPLY. VE.ATICAL OI/ERHOD Cl.tAAANCE Stw...l. B[ A t.tlNTMUM OF 13 fEET 6 INCHES. nRE APPARAllJS ACCCSS ROADS SHALL BE OESIGl4ED AND MAllTAIMEO TO SUPPORT TH[ IMPOSED LOADS Of FlRE APPARATUS NOT l£SS THAN 75,000 POUNOS UNl£SS AI./THO!l:IZED BY Tl1E nRE AUTHORITY HAVING JURISOICTIOH (FAHJ) ANO SHALL BE PRCMOEO WITH AN APPROVED PA'v'ED SURFACE AS TO PROVl>E AU.-wtATHER ORMNG CN'.-SllJTIES. A PAvt:O ORMNC SURFACE SKAl.i. l,lEAN ASPW.I..T, COUCRETE. OR PERMDBL£ PAVING SYSTEM. TME llJRtGNG RADIUS Of A nRE APPARJ..llJS N:CESS ROAO SHALL BE A MIN/MUM Of 211 fEET AS MEASURED TO THE INSIO( El)C[ Of THE IMPROV£MENT WIOTH OR AS APPROV£0 BY Tl1[ nAE COOE OF'flCIAl...

7. TME CAAOIENT fOR A FlR[ APPAAAT\JS ACCESS ROl,/MAY Stw...l. NOT E)(CE(D 20 P(RCENT.

CR/Jl(S EXC[(DINC 15 PERCENT (INCLINE OR DECllllE) SHALL BE CONSTRUCTED Of POff'T\N,O CEMENT CONCRETE (PCC), WITH A OE£P BROOM nt-llSH PO!POiOiCULAR TO THE DIRECTlON Of TRAVEL OR [OUIV,tUNT, TO DAW-ICE TRJ..CT10N. CRAO£S EXCEEDINC 10 PERCENT SHALL BE CONSTRUCTED Of ASPHA.l.T OR PCC. PERM£.ABl£ PAVER SYSTD,IS SHAU NOT BE USED FOR GRADES EXCa'.DING 10 PtRCENT. THE nRE COO£ OfTICIAL I.IAY REOIJIRE AODITlOHAl. Mmc,,.Tl()N MEASURES WHE:RE HE OR SH[ DEEMS APPROPRIATE.

8. THE ANGLE Of D£f>ARTUR[ ANO lME ANGL.[ Of APPROACH Of A FIRE ACCESS ROADWAY SHAlL HOT [XCEED SEVEN DEClltrS {12 PERCENT) OR AS APPROVED BY lME nRE COOE OfflCIAI... ll. ALL OEAD-END f"WlE ACCESS AOADS/~M'WAYS Ill EXCESS Of 150 F'L£T IN l.ENCTH SHALL 8( PROYIO[D WITH APPIHN£0 PRCMSIONS THAT Al.LOW EMERGENCY APPARATVS TO TURN .AROUNO. A CUL-DE-SAC Sl'W..L BE PROVDCD Ill RESIOENTIAL AREAS WHtRE TME ACCESS ROADWAY IS SERVINC MORE THAN TWO IMPROVED PAACElS CONTAINING DW£WNC UNITS. THE MINIMUM, Ut.oesTRUClEO PAVED IW>IUS WIDTH FOR A CUL-OE-SAC SHAlL 8[ 3a FtET IN R[SIOEHTlAL AREAS. TM[ nRE COO( OfflCIAI. SHALL ESTABLISH A P0UCY IOENTlf'l'NC ACCEPT>lll£ llJR:WJlOUNDS FOR VAAIOUS PROJtCT TYP(S.

10. FIRE APPARAllJS ACCESS ROAfl5 (ORIVtWAYS) SHALL o:TD,'D TO wm-1 150 F'EET Of AU.

POATlONS Of Tli[ [XT[RIOR WALLS Of TH( flRST STORY Of TM[ STRUCllJRE AS MU.SURED BY AN APPROVED ROUTE AROUND THE OO£RIOR Of TH£ BUI..CiNG.

11. THE APPROVED nRE APPARATUS ACCESS (ORIVE'W4.Y) FOR f1RE PROTECTION, OTHtR TEMPORARY OR PERMANENT, Stw...l. BE W.OC AVA11..A81...[ AS SOON "5 COM8\JST18L£ MATERW. AARM:S ON SITE.

12. APPROY[O UUMBERS Al'()/OR ADOAESS£S S>W..L BE Pt.ACED ON ALL N£W AND [)OSTING BIJIWNCS ANO AT APPROPRIAT£ AOOrTlONAL LOCATIONS AS TO BE PUJh'LY VISIBLr ANO L£Cl8l£ ~ow THE STREET OR RON)WAY ~ON'TlNG TME PROPERTY ~ow OTHER DIRECTION OF APPR<W:H.

NUWBDI SKAl.i. comRAST WITH THOR IIAO(CRQUND ANO SHAU. ~ crrr Of Pf:/YIAY STANDARDS.

TM[ ADOO(SS IS REOOIREO AT THE PRIVATE ORIVE'WAY CNTAANCE.

13. ALL AUTOMATIC C,1,T£S ACROSS nRE ACCESS R0,,1,0WAYS ANO OfUYEWAYS ~ BE EOU!PP(D \ll'1TH APPROVED, EMOICENC'I', KEY-OP£RATED SWITCHES O','CRRIOINC AU COMt.tANO FlJNCTIOHS N«l OPOllJ«<: CATES. OUJJ..-1(.EYEO OR DUAL SWITCHES SHALL BE PAOV10ED TO fACIUTATt: ACCESS BY LAW [NfORCEM(NT.
14, BIJIUMNGS ANO STRIJCTVAES LOCATED W1THN A 'MLDLAHO-URBAN !llT[RfAC[ nRE AREA SHALL BE SEra,\CK A MINWUt.t Of JO-F'EET FROM PROPERTY LINES ANO BIDI..OGICAL OP[N SPACE E,t.S[t.t(tfTS UNU:SS TME POWAY MUNICIPAL COOE REOUIR[S A GREATER MINIMl.lt.t. '1'1'H£11 TME PROPERTY U4E A8VT'S A ROAflWAY, THE SEra,\CK SHAU BE t.tfASUA(O FROM TM[ f,IJIDl[ST ROADWAYEDC£.

15. BLIIU>INGS ANO STRIJCTUAES LOCATED WITHIN A 'Mt.DI.AHO-URBAN tHTERfJ..CE nRE AREA SHAU. 8[ SE'.TBACK A MIMIMUM Of JO-FUT fROt.t PROPERTY LINES ANO BK>lOGIC,t,L OP(N SPACE [AS[t.t(tiTS UNLESS TM[ POWAY MUNICIPAL COOE REQUIRES A CllEATER MINIMl.lt.t. WHEH TM( PROPERTY Utl[ >BUTS A ROADWAY, THC SETBACK SHAL.L BE MEASURED fROt.t THE FARTHEST ROAOWAY EOG£.

16. TME PROJECT SHAU COMPI.Y 'Nmi S[CTlON FOUR Of THE C!TY OF PC!WAY LANDSCAPE ANO IRRIGATION OESICN MANUAL ANO POWAY MUNICIPAL COO( 15.24 ~ rr REI.ATES TO rua.. t.W-1.,1,CO,l[NT ANO D[f[NSIBLE SPACE. ONE HUNOR:[0 fEET OF FlJ[l MANAGOIENT CONSISTING Of' 40-fEET or 20NE A AND 60-fEIT or ZONE 9, 1S REQUIRED. LIT1GAT10N IS REOUIRED WHERE 100-fEET Of f'UEL MAWGEWENT CANNOT BE ACMl£VEO WITHIN THE PARCEL BOONOAA:IES. 10-F'UT Of' vt:CITATIOH fV[L. l,IQOlflCATION, MEETING ZONE B R[OU!AEMENTS, SHALL BE WJNTANED ON BOTH SIOCS Of THE DRl'l['WAY ANO f1RE ACCESS ROADWAY fRONTING THE PROPERTY WHEN NOT ALRE:J..O'Y WITHIN A fVO. t.tOOIFlCATlON ZONE. MrTICATlON IS REOUIRED W11ERE 100-fEET Of' F1JEL W,N,1,G[W[NT CANNOT BE ACHIE.VED WITMltl PARCEL BOUNOAA:IES APPLICANT SHAU. CONTACT THE DEPUTY FlRE .M.I.RSHAL AT (II~) 668-4471 TO RE\'IEW MITICATION OPTIONS.

Tl1E lNIOSCAP£ PUN R[Ql/lR[S A S£PAAAT£ lNIOSCV'E Al'() IRRIGATlON PUNS SUBMITTAL PREPARED PURSUANT TO Tl1[ ClTY Of POWAY LANDSCAPE ANO IRRIGATION OESJCN W,l,l\JAl REOUIREMENT5. TM[R[ ts A SEPARATE fEE fOR THJS P1.M CHECK AND INSP(CPON SERVIC£S THE APPL.ICNIT SHJJ..L SU8UIT ANO RECEIVE SICNEO APPROYAL Of L.ANOSCAP( Al'() IRRIGATION Pl.MS PRIOR TO THE ISSUANCE Of TME BUII.LMHG PERMIT. AU. F\/El MOOIFlCATIONS SIWJ.. 8[ INSTALl.EO PRIOR TO TM( nNAL. INSPECTION FOR ISSUANCE Of A CERTlflCATE Of OCCUPANCY,

17. ALL fl.At.tw.BL£ VEGETATION WITHIN THE APPROVED fV(l r.tOOlflCAT10N ZONE SH.ll..L 8[ RO,IOV(l) PRIOR TO THE ARRIVAL Of COMBUSTIBLE MAITRIAI.. ON TM[ SITE ANO SHAU BE WJNT,.,,NED DURING TitE DURATION Of TM[ PROJECT UNTIL All ElEMENTS Of APPROVE'D fVCI. MOOIFlCATION ZONES ARE INSTAl.1.CD AND APf>RO\IED.

18. SMOKE AI.AAWS SIWJ.. B[ !NSTAIJ.Ill N AU. BEOROOMS ANO AOJO!NINC IWJ..WAYS. TiiEY SHALL 8[ KARDW\REO, Willi BATT£RY BACKUP, ANO t<rrACONNECTED.

19. CARBON MONOn'.>£ ~MS SHALL BE INSTALL.ED IN HALLWAYS AOJOINING BEDAOOI.IS, AND ON EACH 5£PAAAT£ nOOR. TME CARBON MONOXIDE M.AAMS SIWJ.. BE HARO-WIRED, WITH BATTERY BACKUP, AND M[RCONNECTEO.

20. EACH CHIMNEY USED IN CONJUNCT10tl WITli »If nREJ>LACE SHALL BE EQUIPPED WITH AN APPROVED SPARK ARRESTER.

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February 20, 2024, Item #5
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PO RT City of Poway
February 20, 2024
Honorable Mayor and Members of the City Councj JA
Robert Manis, Director of D~vylopment Services J/Vl,
Stan Donn, City Planner C,(5t
858-668-4604 or [email protected]

CITY COUNCIL
Conditional Use Permit (CUP) 20-006/Minor Development Review Application (MDRA) 20-017, a request to construct and operate a wireless communication facility in the Creekside Plaza shopping center located at 13573 Poway Road, within the Commercial General district of the Poway Road Specific Plan and determination the project is exempt from CEQA review.

Verizon Wireless (Verizon) is requesting approval of a Conditional Use Permit (CUP) and Minor Development Review Application (MDRA) to construct and operate a Wireless Communication Facility (WCF) in the Creekside Plaza shopping center located at 13573 Poway Road, within the Commercial General (CG) district of the Poway Road Specific Plan (PRSP). The WCF consists of twelve (12) antennas and six (6) Remote Radio Units (RRUs) that would be concealed inside three (3) architectural faux chimney elements on the roof of a commercial building at the southeast corner of the shopping center. The proposal also includes a new equipment enclosure to be located at ground level within the parking lot. The project has been designed to comply with the City's development standards.

Recommended Action:

It is recommended the City Council take public input, close the public hearing, and adopt the Resolution (Attachment A) approving CUP20-006 and MDRA20-017.

Discussion:

The applicant, PlanCom is processing the CUP application on behalf of Verizon, and the property owner is ROIC Creekside Plaza LLC. The subject parcel is part of the Creekside Plaza shopping center located on the south side of Poway Road, east of Community Road and west of Midland Road, in the CG district of the PRSP (Attachment B). Surrounding land use includes single-family homes to the south, single-family homes and Toyota of Poway to the east, Fire Station 1 and the Poway Plaza shopping center to the west, and the Poway Town and Country and Midland shopping centers to the north.

The Creekside Plaza shopping center consists of eight parcels that are developed with a mix of single tenant and multi-tenant buildings. The proposed WCF is located at the multi-tenant building located 1 of20
February 20, 2024, Item #5
at the southeastern portion of the shopping center as shown on the site plan (Attachment C). The WCF consists of twelve (12) roof-mounted antennas, six (6) roof-mounted RR Us, at-grade equipment cabinets, and a diesel generator. The antennas and RRUs are proposed to be distributed evenly over three (3) sectors and placed inside three 35-foot-high, 8-foot-wide, rectangular faux chimney elements (Attachment D). There are currently five (5) faux chimney elements on the subject commercial building. Two (2) of the existing chimneys would be widened from 6 feet to 8 feet and increased in height from 30 feet to 35 feet to accommodate two (2) of the proposed antennas sectors. A new identical faux chimney would be constructed towards the rear (southerly portion) of the building to house the third sector of the WFC to improve the overall coverage of the antenna facility. The modified and new chimneys would meet the 35-foot height limit of the CG district of the PRSP. The equipment cabinets and diesel generator are proposed to be located at grade level within a new block wall enclosure that would be textured with stucco to match the existing buildings. The enclosure would be located in an existing landscape planter to the east of the commercial building.

The proposed WCF is in compliance with the City's wireless communications policy in that it is proposed on an existing commercial structure using a design that would be architecturally integrated with the existing structure and therefore would be minimally visually noticeable to the surrounding development as shown in the photo simulations (Attachment E). The antennas and other roof equipment would not be visible from streets and parking lots because of its stealth design. The antenna facility would also be consistent with the same faux chimney stealth design of two (2) other wireless facilities (T-Mobile and Sprint/Nextell) currently located within Creekside Plaza. The existing facilities are located on the westerly multi-tenant building along Community Road and addressed 13413-13425 Poway Road.

The City Wireless Communication Policy adopted in September 2004 provides guidelines for the application process of a WCF. Per Chapter 17.22.020 of the Poway Municipal Code (PMC) the approval of a CUP is required to operate a WCF in the PF zone. The findings for a CUP are specified in PMC Section 17.48.070 and provided in Section 2 of the attached resolution. The proposed project is in compliance with the City Wireless Communications Policy in that the proposed project has been designed to visually blend in with the surroundings and therefore would be minimally noticeable to the surrounding development.

Radio Frequency (RF) Report
A RF report was prepared and included with the application. It demonstrates that the proposed facility will operate in compliance with Federal Communications Commission (FCC) standards. The facility will be required to comply with FCC operational standards, and standard conditions of approval are recommended for the project pertaining to the following:

A Confirming Radio Frequency (RF) Report is to be completed and submitted to the City by the applicant after the antennas are installed to verify operations are in compliance with FCC standards.

An independent third-party review to verify the Confirming RF Report findings may be conducted at the applicant's expense as determined by the Director of Development Services.

Environmental Review:

The project is categorically exempt from the California Environmental Quality Act (CEQA), as Class 3 Categorical Exemption, pursuant to Section 15303(d) of the CEQA Guidelines, which exempts new construction and conversion of small structures.
2 of20
February 20, 2024, Item #5
Fiscal
Impact:

None. Public
Notification:

A
Notice
of
Public
Hearing was
published
in
the
Poway
News
Chieftain
on
February
8,
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.

Site
Plan
D.

Building
Elevations
E.

Photo
Simulations
Reviewed/Approved
By
:

Assistant
City
Manager
3 of
20 Reviewed
By:

Alan
Fenstermacher
City
Attorney
Approved
By
:

Ce.
~
City
Manager
February 20, 2024, Item #5
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT (CUP) 20-006 AND MINOR DEVELOPMENT REVIEW
APPLICATION (MORA) 20-017 FOR THE CONSTRUCTION OF A
WIRELESS COMMUNICATION FACILITY; ASSESSOR PARCEL
NUMBER 317-820-05
WHEREAS, Conditional Use Permit (CUP) 20-006 and Minor Development Review Application (MORA) 20-017, submitted by PlanCom (Applicant) and ROIG Creekside Plaza, LLC (Owner), request approval to construct and operate a Wireless Communication Facility (WCF) in the Creekside Plaza shopping center located at 13573 Poway Road within the Commercial General (CG) district of the Poway Road Specific Plan (PRSP). The WCF will be operated by Verizon and will consist of (1) 12 antennas and six Remote Radio Units (RRUs) concealed inside three faux chimney elements on the roof of a commercial building and (2) a new enclosure with equipment cabinets and a generator located within the adjacent parking lot; WHEREAS, on February 20, 2024, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application; WHEREAS, the City Council has read and considered the agenda report for the proposed project, including attachments, and has considered other evidence presented at the public hearing; and
WHEREAS, the Poway Municipal Code (PMC) establishes findings required for granting a CUP.

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

SECTION 1: The project is categorically exempt from the California Environmental Quality Act (CEQA), as Class 3 Categorical Exemption, pursuant to Section 15303(d) of the CEQA Guidelines, which exempts new construction and conversion of small structures. This project involves the installation of a small new telecommunications facility which will provide a utility extension to serve the surrounding area.

SECTION 2: The findings, pursuant to Section 17.48.070 of the PMC, to approve CUP20-006 to allow the construction of a wireless telecommunication facility, are made as follows:

A. The location, size, design, and operating characteristics of the proposed WCF are in accordance with the title and purpose of PMC Chapter 17.48 (CUP Regulations), the General Plan, and the development policies and standards of the City, including, but not limited to, the City Wireless Communications Policy in that the proposed WCF complies with the development standards for the CG district of the PRSP. The antennas and RRUs will be concealed within faux chimneys on an existing commercial building that already has faux chimneys. The equipment cabinets and diesel generator will be hidden from view by an equipment enclosure. No visual impacts to the community are anticipated. 4 of 20 ATTACHMENT A
February 20, 2024, Item #5
Resolution No. 24-

Page 2 ends

B. The location, size, design, and operating characteristics of the proposed WCF will be compatible with and will not adversely affect or be materially detrimental to, adjacent uses, people, buildings, structures, or natural resources. The proposed WCF complies with the development standards for the CG district of the PRSP and will comply with Federal Communications Commission (FCC) design and operational standards. The antennas and RRUs will be hidden from view within three faux chimney elements on the roof of an existing commercial building. The exposed mounting hardware and cable will be screened from view by the existing building parapet. The faux chimney will be 35-feet in height and will be of comparable height to other WCFs located on the same property.

C. The proposed WCF is in harmony with the scale, bulk, coverage, and density of, and is consistent with adjacent uses in that the antennas will be screened within architectural elements in a similar manner to other existing WCFs in the shopping center and meets the maximum height limit allowed in the CG district of the PRSP. The equipment cabinets and diesel generator will be hidden from view by an equipment enclosure with stucco walls that will match the walls of the adjacent commercial buildings.

D. There are adequate public facilities, services, and utilities available at the subject site to serve the proposed WCF.

E. There will not be a harmful effect upon the desirable neighborhood characteristics in that the proposed WCF will be screened from view using a faux chimney stealth design feature that already exists at several locations within the shopping center, and the WCF will comply with FCC design and operational standards.

F. The generation of traffic will not adversely impact the capacity and physical character of the surrounding streets and/or the Circulation Element of the General Plan in that the proposed WCF will be unmanned and will only require periodic maintenance, thereby generating minimal traffic.

G. The site is suitable for the type and intensity of use or development that is proposed in that the proposed WCF complies with all development standards for the CG district of the PRSP and will enhance telecommunications coverage in the City with no significant visual impacts.

H. There will not be significant harmful effects upon environmental quality and natural resources in that the proposed WCF will be located in an area of a property that is fully developed with a commercial shopping center and does not involve the removal of natural habitat resources.

I. There are no relevant negative impacts associated with the proposed modified WCF that cannot be mitigated in that the facility will comply with FCC design and operational standards.

J. That the impacts, as described in subsections A through I of this Section, and the proposed location, size, design, and operating characteristics of the proposed WCF will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan in that the proposed WCF will meet all development standards for the CG district of the PRSP, will visually blend in with existing shopping center, and will comply with FCC design and operational standards.
5 of 20
February 20, 2024, Item #5
Resolution No. 24-

Page 3 ends

K. The proposed conditional use will comply with all the applicable provisions of this Title, in that the facility is a conditionally permitted use and has been designed and sited such that it will not result in significant visual impacts and will comply with FCC design and operational standards.

SECTION 3: The findings for MDRA20-017, in accordance with the Poway Municipal Code (PMC) 17.52.010 Purpose of Development Review, are made as follows:

A. The project has been designed to be architecturally compatible with surrounding development by utilizing faux chimney elements that already exist within the shopping center. The at-grade equipment cabinets and diesel generator will be located in the parking lot within a proposed equipment enclosure with stucco walls that match the walls of the adjacent commercial buildings. Therefore, the project respects and recognizes the interdependence of land values and aesthetics to the benefit of the City.

B. The project has been designed to minimize impacts on surrounding development by concealing the antennas and RRUs within faux chimney elements and screening the view of equipment and generator within a solid wall equipment enclosure in a manner that incorporates existing architectural elements, materials, and colors within the shopping center. Therefore, the proposed development respects the public concerns for the aesthetics of development and encourages the orderly and harmonious appearance of structures and property within the City.

C. The granting of the MORA would not be materially detrimental to the public health, safety or welfare within the community since the WCF will comply with FCC design and operational standards and City standards.

D. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan. The stealth design is consistent with the City Wireless Communications Policy and the proposed WCF complies with the development standards for the CG district of the PRSP.

SECTION 4: The City Council hereby approves CUP20-006 and MDRA20-017, as shown on the approved.plans incorporated herein by reference and on file in the Development Services Department, except as noted herein, subject to the following conditions:

A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification.

In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. 6 of 20
February 20, 2024, Item #5
Resolution No. 24-

Page 4 ends

B. Approval of this CUP request shall apply only to the subject project and shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Building Permit issuance. This CUP approval shall be in substantial conformance with the approved plans.

C. Within 30 days of the date of this approval, and before the issuance of any permit: (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant Regarding Real Property. In order for the City to prepare the Covenant the applicant must first submit a legal description of the subject site.

D. The use conditionally granted by this approval shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding uses.

E. The conditions of CUP20-006 and MDRA20-017 shall remain in effect for the life of the subject use and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner.

F. CUP20-006 and MDRA20-017 may be subject to annual review, as determined by the Director of Development Services, for compliance with the conditions of approval and to address unresolved operational concerns that may have been raised during the prior year.

G. The applicant shall obtain a Building Permit prior to work commencing. Prior to issuance of a Building Permit, the applicant shall comply with the following:
7 of 20

1. The site shall be developed in substantial accordance with the approved plans on file in the Development Services Department and the conditions contained herein. A final inspection from the appropriate City departments will be required.

2. A $3,000 deposit shall be submitted to the Development Services Department to ensure completion and submittal of the required Confirming Radio Frequency (RF) Report, as specified in condition of approval 1.1 below. The deposit shall also be used to cover the cost of an independent consultant to review the report, as determined by the Director of Development Services.

3. The antennas shall not be activated for use until the Building Division conducts a final inspection of the proposed structures and finals the permit.

4. The equipment enclosure shall screen from view the equipment cabinets, generator and other appurtenances. The building plans shall show the enclosure to be constructed using decorative block, such as split face, or stucco. The gate to the enclosure shall be solid and shall consist of metal or wood to the satisfaction of the Director of Development Services. The color of the enclosure shall complement the shopping center to the satisfaction of the Director of Development Services.

5. Landscape and irrigation plans shall be submitted and approved for modification of the planter that will contain the equipment enclosure. Landscape and irrigation plans shall demonstrate compliance with the City of Poway Landscape and Irrigation Design Manual, Chapter 17.41 of the PMC, and all other applicable standards in effect at the time of landscape and irrigation plan check submittal. This includes but is not limited to the submittal of an irrigation audit report, pursuant to Section 17.41.11 O of the PMC, prior to final inspections.

February 20, 2024, Item #5
Resolution No. 24-

Page 5 ends

The landscape and irrigation plan submittal is separate from other project plan check submittals and is made directly to the Planning Division. Contact the Planning Division for copies of applicable City standards, the landscape and irrigation plan submittal checklist and the plan review fee worksheet. Landscape and irrigation plan review fees are required and are the responsibility of the applicant.

The plans shall incorporate the following requirements:
a. Installation of tall shrubs, small trees, and/or vines in the landscape planter along the enclosure to soften the appearance of the enclosure walls. b. The existing landscaping planter located in the southeast corner of the center between the commercial building and Midland Road and south of the driveway, and within which the enclosure is located, shall be augmented and/or replanted with shrubs to ensure that the landscaping along the entrance to the shopping center has a thriving appearance.
c. The plan shall demonstrate that the placement of the enclosure will not negatively impact the existing irrigation serving the planter in southeast corner of the center between the commercial building and Midland Road.

6. Since the floodway line clips the corner of the structure, a floodplain development permit will be required prior to issuance of building permit.

7. The applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the site plan and be appropriately sized for the proposed level of development.

8. Erosion control deposit and stormwater inspection fee will be required prior to building permit issuance.

9. The applicant shall attend a pre-construction meeting at the Department of Development Services. The scheduling request shall be submitted on a City standard form found at https://poway.org/DocumentCenterNiew/10254/Preconstruction Meeting-Request-Fillable?bidld= along with three copies of the approved site and erosion control plan. The applicant's action plan that identifies measures to be implemented during construction to address erosion, sediment and pollution control will be discussed. Compliance for sediment control shall be provided as directed by the project inspector.

10. The Standard Storm Water Quality Management Plan must be completed and submitted prior to building permit issuance.

H. Prior to activation of the antennas, the applicant shall comply with the following:
8 of 20

1. The site shall be developed in substantial accordance with the approved plans on file in the Development Services Department stamped as "Exhibit A" and the conditions contained herein. A final inspection from appropriate City departments will be required.

February 20, 2024, Item #5
Resolution No. 24-

Page 6 ends

2. Landscape and irrigation shall be installed and maintained in accordance with the approved landscape and irrigation plans on file with the City of Poway Planning Division. All landscaping shall be maintained in a thriving condition.

3. The site shall be cleared of all construction materials, supplies, and equipment.

4. All existing and proposed utilities or extension of utilities required to serve the project shall be installed underground. No extension of overhead utilities shall be permitted.

5. All utility services shall be installed and completed by the property owner and inspected and approved by the Engineering Inspector.

6. The drainage facilities, driveway, slope planting measures, and all utility services shall be installed, and completed by the property owner, and inspected by the Engineering Inspector for approval.

7. An adequate drainage system around the new building pad capable of handling and disposing of all surface water shall be provided to the satisfaction of the Engineering Inspector.

8. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to public improvements caused by construction activity from this project.

I. Upon establishment of the WCF, pursuant to CUP20-006, the following shall apply:
9 of 20

1. Within 30 days of the commencement of operation of the antennas, the operator shall submit a report, prepared by a qualified professional, which specifies the actual RF levels within 500 feet of the facility and includes a statement as to compliance with the FCC Maximum Possible Exposure (MPE) limit. The format of this report shall conform to City requirements. The intent of the report is to measure exposure levels at the location after the facility is in operation and shall include the cumulative RF levels of all the telecommunications facilities at the subject site. A report of these measurements, and the engineer's findings with respect to compliance with MPE limits, shall be submitted to the Director of Development Services.

If that analysis determines the MPE levels are exceeded, the operator shall cease operation immediately. Modifications shall be made to the facility and the operator shall conduct a second confirming RF report of the MPE levels. Full operation of the WCF shall not be allowed until the Director of Development Services has determined that the facility is in compliance with Federal guidelines. The City may conduct an independent verification of the results of the analysis provided by the operator, at the operator's cost.

Upon demonstration, to the satisfaction of the Development Services Department, that the telecommunications installation is in compliance with all Federal Guidelines, any balance remaining from the security deposit shall be refunded to the applicant, upon written request by the applicant.

2. All facilities and related equipment shall be maintained in good repair. Any damage from any cause including wear and tear shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight.

February 20, 2024, Item #5
Resolution No. 24-

Page 7 ends

3. The facility shall be operated in such a manner as to minimize any possible disruption caused by noise. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 10:00 p.m. and 7:00 a.m. on any night. At no time shall equipment noise from any source exceed the noise standards contained in the PMC.

4. The owner or operator of the WCF shall routinely and regularly inspect the site, including, but not limited to, the landscaping in the vicinity of the enclosure, to ensure compliance with the standards set forth in this permit.

5. The operator of the WCF shall be strictly liable for interference caused by the WCF with City telecommunications systems or other public agency emergency communication systems. The operator shall stop operations and determine the cause prior to restarting the facility. The operator shall be responsible for all labor and equipment costs for determining the source of the interference, all costs associated with eliminating the interference (including, but not limited to, filtering, installing cavities, installing directional antennas, powering down systems, and engineering analysis), and all costs arising from third-party claims against the City attributable to the interference.

6. The WCF shall not be operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. To that end, no facility or combination of facilities shall produce, at any time, power densities within 500 feet of the WCF that exceed the FCC's MPE limits for electric and magnetic field strength and power densities for transmitters, or any more restrictive standard subsequently adopted or promulgated by the City, County, State of California, or the Federal government.

7. If there is any change in the operating characteristics of the WCF, a report pursuant to Condition 1.1 of this Resolution shall be submitted to the Director of Development Services for review and approval. The Director may also require the operator to prepare an updated RF report, and pay for a third-party review of that report, as part of any review of this CUP.

8. Any service light(s) shall only be operated when maintenance is being performed on the equipment. The service light(s) shall be adequately shielded and directed away from adjacent roadways.

9. The owner of the WCF shall remove all of the communication equipment, and associated structures, approved pursuant to this permit within 60 days of ceasing operation of the telecommunications facility.

J. The following requirements shall be completed to the satisfaction of the Fire Department:

1. Installation and operation shall comply with the 2022 CA Fire Code.

2. Fire department access shall be maintained.

SECTION 5: The approval of CUP20-006/MDRA20-017 shall expire on February 20, 2026, at 5:00 p.m., unless prior to that time, construction on the property in reliance on the CUP/MORA approval has commenced.
10 of 20
February 20, 2024, Item #5
Resolution No. 24-

Page 8 ends

SECTION 6: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure.

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 20th day of February 2024 by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
11 of 20
February 20, 2024, Item #5
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A_ (N)VEIUZON .ICMNT TRENCH FOR POWER, F16ER I HYBRID
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PROPERTY L-...E (TYPICAL)
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FIRE DEPARTMENT NOTE:

THE FIRE DEPARTMENT ACCESS ROol.DWAY (AROUND THE
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=~~~~~o~=~c~
TRASH TREATMENT CONTROL DEVICE NOTE:
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IMPERVIOUS SURFACE TABLE:

EXISTINOIMPERVIOOSAAEA:

NEW/CREATED IMPERVIOUS A.REA:

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TOTALIMPERVK)OSAAEA:
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GROUND DISTURBANCE
GRADING DESCRIPTION & SUMMARY:

COAX CtJll.E TRENCH CUT:

COAX CABl.E TRENCH BACXFll.l.:
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2l~l121l20 l1ACl.>RIFICATIONZO.IJ8
5 l1112Y2<120I 100",1,21J_R•~.1
: 1:=1:::=:=~ : 10::,::]1::~:=-~ 1:7
PLANciiiil
1ene BERNARDOCEHnRDR/\IE,LINIT~
SAN DIEGO, CA 92128

PROPRIETARY INFORMATION
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SHEETTITl.E :

SITE PLAN
A-0
February 20, 2024, Item #5
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SHEET TITlE :

PARTIAL ROOF
PLAN
A-2
February 20, 2024, Item #5
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2 ◄) OPENING IN CONCRETE BLOCK WAU. Bf.LOW (SHOWN SHADED) 25) ~~~~~~~PI.ATESFOACNAINLINKUDCJ4'-0"0C .
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ISSUE STATUS
2 IOIIIClf.N)20l1Act.AAJFICATK>NZDIIJ8
5 11123'2020 100%ZO_R..,, 1 ,,
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PLANCOHI
11776 BE~DO CEtm:R ORNE, UNIT 203
SAN DIEGO, CA 92129

PROPRIETARY INFORMATION
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SHEET TITI.E:

EQUIPMENT PLAN
A-1
February 20, 2024, Item #5
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iena 8ERNAA00 CENTER Df'Wt . UNT 203
5"NO.EGO, CA tll21

PROPRIETARY INFORMATION
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SHEETTITI..E:

LEASE EXHIBIT
A-4
February 20, 2024, Item #5
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ISSUE STATUS
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,eneeEAHAROOCEHTI:.RDRIVE.UNIT203
$AN OIEGO. CA 12128
PROPR!ETARY INFORMATION
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SHEET TITLE:

LEASE EXHIBIT
A-5
February 20, 2024, Item #5
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These simulations are intended for graphical purposes only and not intended to be part of or to replace the information provided on the construction drawings Proposed antennas and RRUs mounted
within proposed new and replacement
faux chimney elements finished to
match existing building
M1a1ana
13573 Poway Rd.

Poway, CA 92064
verizon'
February 20, 2024, Item #5
Proposed antennas and RRUs mounted
within proposed replacement faux
chimney element finished to match
existing building
-=:-•
These simulations are intended for graphical purposes only and not intended to be part of or to replace the information provided on the construction drawings M1a1ana
13573 Poway Rd.

Poway, CA 92064
verizon'
February 20, 2024, Item #5
Proposed antennas and RRUs mounted
within proposed new faux chimney
element finished to match existing
building
These simulations are intended for graphical purposes only and not intended to be part of or to replace the information provided on the construction drawings M1a1ana
13573 Poway Rd.

Poway, CA 92064
verizon'
February 20, 2024, Item #6
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
February 20, 2024
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services -/!)Iv
Hector Salgado, Senior Planner \~ .... ~
(858) 668-4656, [email protected]

CITY COUNCIL
Conditional Use Permit (CUP) 23-0003, a request to install a new wireless communication facility on a replacement stadium light pole along with ground mounted ancillary equipment at Poway High School located at 15500 Espola Road within the Public Facility zone and a determination the project is exempt from CEQA review.

Dish Wireless is requesting approval of a Conditional Use Permit (CUP) to establish a Wireless Communication Facility (WCF) at Poway High School. The new WFC is to provide customers with enhanced wireless services in the area. The project consists of installing three antennas and ancillary equipment onto an 80-foot, 2-inch-tall replacement stadium light pole located at the northwesterly end of the football/track field and the installation of two ground mounted ancillary equipment enclosures. As part of the project, an existing 80-foot, 2-inch-tall stadium light pole located within five feet of the proposed replacement stadium light pole will be completely removed. The project has been designed to comply with the City's development standards.

Recommended Action:

It is recommended the City Council take public input, close the public hearing, and adopt the attached Resolution (Attachment A) approving CUP23-0003. ,
Discussion:

The applicant, PlanCom is processing the CUP application on behalf of Dish Wireless, and the property owner is Poway Unified School District. The project site is Poway High School located at 15500 Espola Road, within the Public Facility (PF) zone (Attachment B). The facility will be replacing the stadium light pole located at the northwesterly side of the football/track field (Attachment C). Presently, an existing 80-foot, 2-inch-tall stadium light pole is situated approximately five feet from where the proposed replacement light pole with the antenna facility installation will be placed (Attachment D). After installation, the adjacent existing pole will be removed. The project will also involve the installation of two ground mounted ancillary equipment enclosures. One enclosure will be sited on the northwest side of the field near the replacement light pole, and the other equipment enclosure will be northeast of the field.
1 of 15
February 20, 2024, Item #6
Poway High School's football/soccer field is located on the west side of Espola Road north of Titan Way. The surrounding development includes the school baseball field to the west, various school buildings are located to the south, a student parking lot located north of the field, and single-family residences border the perimeter of the High School campus (Attachment E).

Antenna Facilities for Verizon and T-Mobile currently exist on two separate stadium light poles located along the easterly side of the football/track field. These light pole facilities are visible along Espola Road and from some area residences. The stadium lights on the existing poles are industrial in character, and screening was provided for the existing WCFs to allow a more stealth wireless facility appearance. The proposed Dish Wireless antennas will have a rounded perforated metal cover to screen the antennas and pole mounted ancillary equipment. The facility installation has been designed so that it will be compatible with the existing and proposed conditions as seen from Espola Road (Attachment F). The photo simulation demonstrates that the antennas blend with the metallic materials of the existing light poles. The antennas would draw minimal attention because of the slim profile design and similar materials as the light fixtures.

The City Wireless Communications Policy adopted in September 2004 provides guidelines for the application process of a WCF. Per Chapter 17.22.020 of the Poway Municipal Code (PMC). The approval of a CUP is required to operate a WCF in the PF zone. The findings for a CUP are specified in PMC Section 17.48.070 and provided in Section 2 of the attached resolution. The proposed project is in compliance with the City Wireless Communications Policy in that the proposed project has been designed to visually blend in with the surroundings and therefore would be minimally noticeable to the surrounding development.

A Confirming Radio Frequency (RF) Report is to be completed and submitted to the City by the applicant after the antennas are installed to verify operations are in compliance with FCC standards.

An independent third-party review to verify the Confirming RF Report findings may be conducted at the applicant's expense as determined by the Director of Development Services.

Neighborhood Meeting
A neighborhood meeting was held on January 24, 2024, with staff in attendance, to allow the applicant an opportunity to present the project to surrounding residential property owners and to respond to any questions or concerns. A notice was sent to property owners and occupants within a 500-foot radius of the site. Four neighbors attended the meeting. A couple of the neighbors voiced opposition to the project and shared concerns about the cumulative radio frequency levels. They were assured that a preliminary RF Report was prepared for the proposed wireless installation which calculated the cumulative radio frequency level of the existing and proposed wireless carriers. Staff shared that a condition of approval of the project will require that a Confirming RF Report be completed and submitted to the City after the antennas are installed to verify operations are in compliance with FCC standards.
2 of 15
February 20, 2024, Item #6
Environmental
Review:

The
proposed
project
is
Categorically
Exempt
from
the
California
Environmental
Quality
Act
(CEQA),
as
a
Class
3 Categorical
Exemption,
pursuant
to
Section
15303(d)
of
the
CEQA
Guidelines,
which
exempts
new
construction
or
conversion
of
small
facilities
or
structures.

The
project
involves
the
installation
of
a
small
new
telecommunication
facility
which
will
provide
a
utility
extension
to
serve
the
surrounding
areas.

Fiscal
Impact:

None. Public
Notification:

A
Notice
of
Public
Hearing
was
published
in
the
Poway
News
Chieftain
on
February
8,
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.

Site
Plan
D.

Elevations
E.

Aerial
Photo
of
Poway
High
School
and
Vicinity
F.

Photo
Simulation
of
Proposed
WCF
Reviewed/Approved
By:

Wend
aserman
Assistant
City
Manager
3 of
15 Reviewed
By:

Alan
Fenstermacher
City
Attorney
Approved
By:

February 20, 2024, Item #6

RESOLUTION
NO.
24-
A

RESOLUTION
OF
THE
CITY

COUNCIL
OF
THE
CITY
OF
POWAY,

CALIFORNIA,

APPROVING

CONDITIONAL
USE
PERMIT
(CUP)
23-003
;
TO

ESTABLISH
A
NEW

WIRELESS

COMMUNICATION

FACILITY
AT
POWAY
HIGH
SCHOOL

LOCATED
AT
15500
ESPOLA
ROAD;

ASSESSOR'S
PARCEL
NUMBER
278-450-27

WHEREAS,
Conditional
Use
Permit
(CUP)
23-003
submitted
by
PlanCom
(Applicant)
, on
behalf
of
Dish
Wireless,
and
Poway
Unified
School
District
(Owner),
requests
approval
to
establish
a
wireless
communication
facility
(WCF)
at
Poway
High
School
's
football/track
field
(field)
located
at
15500
Espola
Road
in
the
Public
Facilities
(PF)
zone
. The
project
consists
of
the
installation
of
three
antennas
and
ancillary
equipment
onto
a
proposed
80-foot,
2-inch-tall
replacement
stadium
light
pole
at
the
field
along
with
various
ground
mounted
ancillary
equipment
facililties
; WHEREAS
, on
February
20,
2024,
the
City
Council
held
a
duly
advertised
public
hearing
to
solicit
comments
from
the
public,
both
for
and
against,
relative
to
this
application
;

WHEREAS,
the
City
Council
has
read
and
considered
the
agenda
report
for
the
proposed
project
,
including
attachments,
and
has
considered
other
evidence
presented
at
the
public
hearing;
and WHEREAS,
the
Poway
Municipal
Code
(PMC)
establishes
findings
required
for
granting
a
CUP;
NOW,

THEREFORE,
BE
IT

RESOLVED
by
the
City
Council
of
the
City
of
Poway
as
follows
: SECTION
1:

The
project
is
Categorically
Exempt
from
the
California
Environmental
Quality
Act
(CEQA),
as
Class
3 Categorical
Exemption
, pursuant
to
Section
15303(d)
of
the
CEQA
Guidelines,
which
exempts
new
construction
or
conversion
of
small
facilities
or
structures
.

The
project
involves
the
installation
of
a
small
new
wireless
communication
facility
(WCF)
on
a
replacement
athletic
field
stadium
light
pole,
which
will
provide
a
utility
extension
to
serve
the
surrounding
areas
.

SECTION
2:

The
findings
for
CUP23-003,
in
accordance
with
Section

17.48 .070
of
the
PMC
(Findings
required
before
granting
or
altering
permit),
are
made
as
follows:

The
proposed
location,
size
,
design,
and
operating
characteristics
of
the
proposed
establishment
of
a
WCF
are
in
accordance
with
the
title
and
purpose
of
PMC
Chapter

17.48 (CUP
Regulations),
the
General
Plan,
and
the
development
policies
and
standards
of
the
City,
including,
but
not
limited
to,
the
City
Wireless
Communications
Policy
in
that
the
WCF
will
be
located
on
a
replacement
athletic
field
light
pole
of
the
same
height
and
in
the
general
location
of
an
existing
light
pole
that
is
being
replaced
and
the
antennas
will
be
mounted underneath
the
light
source
and
will
be
similar
in
materials
and
appearance
to
other
stadium
light
poles
and
the
nearby
stadium
light
pole
mounted
WCF
operated
by
T-Mobile
. No
visual
impacts
to
the
community
are
anticipated
.

The
location
, size
, design
, and
operating
characteristics
of
the
proposed
WCF
will
be
4 of
15 ATTACHMENT
A
February 20, 2024, Item #6
Resolution
No.
24-
Page
2 compatible
with,
and
will
not
adversely
affect
or
be
materially
detrimental
to,
adjacent
uses,
residents,
buildings,
structures,
or
natural
resources
in
that
the
WCF
will
be
installed
on
a
replacement
athletic
field
light
pole
of
the
same
height
and
in
the
general
location
of
an
existing
light
pole
that
is
being
replaced
and
the
antennas
will
be
mounted
underneath
the
light
source
and
will
be
similar
in
materials
and
appearance
to
other
stadium
light
poles
and
the
nearby
stadium
light
pole
mounted
WCF
operated
by
T-Mobile.

The
use
will
comply
with
Federal
Communications
Commission
(FCC)
design
and
operational
standards.

The
WCF
is
in
harmony
with
the
scale
, bulk,
coverage,
and
density
of,
and
is
consistent
with,
adjacent
uses
in
that
the
WCF
will
be
installed
on
a
replacement
athletic
field
light
pole
of
the
same
height
and
in
the
general
location
of
an
existing
light
pole
that
is
being
replaced
and
the
antennas
will
be
mounted
underneath
the
light
source
and
will
be
similar
in
materials
and
appearance
to
other
stadium
light
poles
and
the nearby
stadium
light
pole
mounted
WCF
operated
by
T-Mobile.

There
are
adequate
public
facilities,
services,
and
utilities
available
at
the
subject
site
to
serve
the
proposed WCF
.

There
will
not
be
a
harmful
effect
upon
the
desirable
neighborhood
characteristics
in
that
the
WCF
will
be
located
on
a
replacement
athletic
field
light
pole
of
the
same
height
and
in
the
general
location
of
an
existing
light
pole
that
is
being
replaced
and
the
antennas
will
be
mounted
underneath
the
light
source
and
will
be
similar
in
materials
and
appearance
to
other stadium
light
poles
and
the
nearby
stadium
light
pole
mounted
WCF
operated
by
T-Mobile.

Additionally,
Dish
WCF
will
comply
with
FCC
design
and
operational
standards
.

The
generation
of
traffic
will
not
adversely
impact
the
capacity
and
physical
character
of
the
surrounding
streets
and/or
the
Circulation
Element
of
the
General
Plan
in
that
the
WCF
is
unmanned
and
will
only
require
periodic
maintenance,
thereby
generating
minimal
traffic.

G
.

The
site
is
suitable
for
the
type
and
intensity
of
use
or
development
that
is
proposed
in
that
the
WCF
will
be
located
on
a
replacement
athletic
field
light
pole
of
the
same
height
and
in
the
general
location
of
an
existing
light
pole
that
is
being
replaced
and
the
facility
will
enhance
telecommunications
coverage
in
the
City
with
no
significant
visual
impacts.

There
will
not
be
significant
harmful
effects
upon
environmental
quality
and
natural
resources
in
that
the
WCF
will
be
located
on
a
replacement
athletic
field
light
pole
of
the
same
height
and
in
the
general
location
of
an
existing
light
pole
that
is
being
replaced
and
does
not
involve
the
removal
of
natural
habitat
resources.

There
are
no
relevant
negative
impacts
associated
with
the
proposed WCF
that
cannot
be
mitigated
in
that
the
facility
will
comply
with
FCC
design
and
operational
standards.

That
the
potential
impacts,
and
the
proposed
location,
size,
design,
and
operating
characteristics
of
the
WCF
will
not
be
detrimental
to
the
public
health,
safety
or
welfare,
or
materially
injurious
to
properties
or
improvements
in
the
vicinity
, nor
be
contrary
to
the
adopted
General
Plan
in
that
the
WCF
will
be
located
on
a
replacement
athletic
field
light
pole
of
the
same
height
and
in
the
general
location
of
an
existing
athletic
field
light
pole
that
is
being
replaced
and
the
antennas
will
be
mounted
underneath
the
light
source,
and
will
comply
with
FCC
design
and
operational
standards.
5 of
15 February 20, 2024, Item #6
Resolution
No.
24-
Page
3 K.

The
proposed WCF
will
comply
with
all
the
applicable
provisions
of
PMC
Title
17 (Zoning
Ordinance),
in
that
the
facility
is
a
conditionally
permitted
use
and
has
been
designed
and
sited
such
that
it will
not
result
in
significant
visual
impacts
and
will
comply
with
FCC
design
and
operational
standards.

SECTION
3:

The
City
Council
hereby approves
CUP23-003
establishing
three
antennas
and
onto
an
80-foot,
2-inch
tall
replacement
stadium
light
pole
and
ancillary
equipment
at
15500
Espola
Road
in
the
Public
Facilities
(PF)
zone,
as
shown
on
the
approved
plans
incorporated
herein
by
reference
and
on
file
in
the
Development
Services
Department,
except
as
noted
herein,
subject
to
the
following
conditions:

The
applicant
shall
defend,
indemnify,
and
hold
harmless
the
City,
its
agents,
officers,
and
employees
from
any
and
all
claims,
actions,
proceedings,
damages,
judgments,
or
costs,
including
attorney's
fees,
against
the
City
or
its
agents,
officers,
or employees,
relating
to
the
issuance
of
this
permit,
including,
but
not
limited
to,
any
action
to
attack,
set
aside,
void,
challenge,
or
annul
this
development
approval
and
any
environmental
document
or
decision
. The
City
may
elect
to
conduct
its
own
defense,
participate
in
its
own
defense,
or
obtain
independent
legal
counsel
in
defense
of
any
claim
related
to
this
indemnification.

In
the
event
of
such
election,
applicant
shall
pay
all
of
the
costs
related
thereto,
including
without
limitation
reasonable
attorney's
fees
and
costs.

In
the
event
of
a
disagreement
between
the
City
and
applicant
regarding
litigation
issues,
the
City
shall
have the
authority
to
control
the
litigation
and
make
litigation
related
decisions,
including,
but
not
limited
to,
settlement
or
other
disposition
of
the
matter.

However,
the
applicant
shall
not
be
required
to
pay
or
perform
any
settlement
unless
such
settlement
is
approved
by
applicant.

Approval
of
this
CUP
request
shall
apply
only
to
the
subject
project
and
shall
not
waive
compliance
with
all
sections
of
the
Zoning
Ordinance
and
all
other
applicable
City
ordinances
in
effect
at
the
time
of
Building
Permit
issuance.

This
CUP
approval
shall
be
in
substantial
conformance
with
the
approved
plans
.

Within
30 days
of
the
date
of
this
approval,
and
before
the
issuance
of
any
permit:
(1)
the
applicant
shall
submit
in
writing
that
all
conditions
of
approval
have
been
read
and
understood;
and
(2)
the
property
owner
shall
execute
a
Covenant
Regarding
Real
Property.

In
order
for
the
City
to
prepare
the
Covenant
the
applicant
must
first
submit
a
legal
description
of
the
subject
site.

The
use
conditionally
granted
by
this
approval
shall
not
be
conducted
in
such
a
manner
as
to
interfere
with
the
reasonable
use
and
enjoyment
of
surrounding
uses.

The
conditions
of
CUP23-003
shall
remain
in
effect
for
the
life
of
the
subject
use
and
shall
run
with
the
land
and
be
binding
upon
future
owners,
successors,
heirs,
and
transferees
of
the
current
property
owner.

The
CUP
may
be
subject
to
annual
review,
as
determined
by
the
Director
of
Development
Services,
for
compliance
with
the
conditions
of
approval
and
to
address
unresolved
operational
concerns
that
may
have
been
raised
during
the
prior
year.

Prior
to
start
of
any
work
within
the
public
right-of-way
or
City
easement, a
Right-of-Way
Permit
shall
be
obtained
from
the
Engineering
Division
of
the
Development
Services
Department.

All
appropriate
fees
shall
be
paid
prior
to
permit
issuance.
6 of
15 February 20, 2024, Item #6
Resolution
No.
24-
Page
4 H.

The
applicant
shall
obtain
a
Building
Permit
prior
to
work
commencing.

Prior to
issuance
of
a
Building
Permit,
the
applicant
shall
comply
with
the
following:

1. The
applicant
shall
comply
with
the
latest
adopted
building
and
electric
codes,
and
all
other
applicable
codes
and
ordinances
in
effect
at
the
time
of
Building
Permit
issuance.

2. The
site
shall
be
developed
in
substantial
accordance
with
the
approved
plans
and
the
conditions
contained
herein.

A
final
inspection
from
the
appropriate
City
departments
will
be
required
.

3. A
$3,000
deposit
shall
be
submitted
to
the
Development
Services
Department
to
ensure
completion
and
submittal
of
the
required
Confirming
Radio
Frequency
(RF)
Report,
as
specified
in
condition
of
approval
J.1 below.

The
deposit
shall
also
be
used
to
cover
the
cost
of
an
independent
consultant
to
review
the
report,
as
determined
by
the
Director
of
Development
Services
.

4. Prior
to
start
of
any
work
within
the
public
right-of-way
or
City
easement/property,
a
Right-of-Way
Permit
shall
be
obtained
from
the
Engineering
Division
of
the
Development
Services
Department.

All
appropriate
fees
shall
be
paid
prior
to
permit
issuance.

The
current
plans
show
proposed trenching
within
existing
easements
along
to
the
northern
and
eastern
property
boundaries
.

5. The
applicant
must
fill
out
the
corresponding
Storm
Water
Quality
Management
Plan
(SWQMP)
form
template,
which
can
be
found
on
the
City
of
Poway
website:
https://poway
.org/963/Stormwater-Forms.

The
Storm
Water
Intake
form
must
reference
the
current
project
number
CUP23-0003.

6. The
antennas
shall
not
be
activated
for
use
until
the
Building
Division
conducts
a final
inspection
of
the
proposed
structures
and
finals
the
permit.

7. The
Building
Permit
plans
shall
include
a
utility
plan
that
shows
the
equipment
layout.

Prior
to
activation
of
the
antennas,
the
applicant
shall
comply
with
the
following:

1. The
site
shall
be
developed
in
substantial
accordance
with
the
approved
plans
and
the
conditions
contained
herein
. A
final
inspection
from
appropriate
City
departments
will
be
required
.

2. The
applicant
shall
repair,
to
the
satisfaction
of
the
City
Engineer
, any
and
all
damages
to
public
improvements
caused
by
construction
activity
from
this
project.

Upon
establishment
of
the
WCF,
pursuant
to
CUP23-003,
the
following
shall
apply:
7 of
15 1.

Within
30 days
of
the
commencement
of
operation
of
the
antennas,
the
operator
shall
submit
a
report,
prepared
by
a
qualified
professional,
which
specifies
the
actual
RF
levels
within
500
feet
of
the
facility
and
includes
a
statement
as
to
compliance
with
the
FCC
Maximum
Possible
Exposure
(MPE)
limit.

The
format
of
this
report
shall
conform
to
City
requirements.

The
intent
of
the
report
is
to
measure exposure
levels
at
the
location
after
the
facility
is
in
operation
and
shall
include
the
cumulative
RF
levels
of
all
the
telecommunications
facilities
at
the
subject
site
.

A
report
of
these
February 20, 2024, Item #6
8 of
15 Resolution
No.
24-
Page
5 measurements,
and
the
engineer's
findings
with
respect
to
compliance
with
MPE
limits,
shall
be
submitted
to
the
Director
of
Development
Services
.

If
that
analysis
determines
the
MPE
levels
are
exceeded
, the
operator
shall
cease
operation
immediately.

Modifications
shall
be
made
to
the
facility
and
the
operator
shall
conduct
a
second
confirming
RF
report
of
the
MPE
levels
. Full
operation
of
the
WCF
shall
not
be
allowed
until
the
Director
of
Development
Services
has
determined
that
the
facility
is
in
compliance
with
Federal
guidelines
. The
City
may
conduct
an
independent
verification
of
the
results
of
the
analysis
provided
by
the
operator,
at
the
operator's
cost.

Upon
demonstration
, to
the
satisfaction
of
the
Development
Services
Department,
that
the
telecommunications
installation
is
in
compliance
with
all
Federal
Guidelines,
any
balance
remaining
from
the
security
deposit
shall
be
refunded
to
the
applicant,
upon
written
request
by
the
applicant.

2. All
facilities
and
related
equipment
shall
be
maintained
in
good
repair.

Any
damage
from
any
cause
including
wear
and
tear
shall
be
repaired
as
soon
as
reasonably
possible
so
as
to
minimize
occurrences
of
dangerous
conditions
or
visual
blight.

3. The
facility
shall
be
operated
in
such
a
manner
as
to
minimize
any
possible
disruption
caused
by
noise.

Backup
generators
shall
only
be
operated
during
periods
of
power
outages,
and
shall
not
be
tested
on
weekends
or
holidays,
or
between
the
hours
of
10:00
p.m
. and
7:00
a.m
. on
weekday
nights
. At
no
time
shall
equipment
noise
from
any
source
exceed
the
noise
standards
contained
in
the
PMC
.

4. The
owner
or
operator
of
the
WCF
shall
routinely
and
regularly
inspect
the
site
to
ensure
compliance
with
the
standards
set
forth
in
this
permit.

The
operator
shall
be
responsible
for
all
labor
and
equipment
costs
for
determining
the
source
of
the
interference
, all
costs
associated
with
el
iminating
the
interference
(including,
but
not
limited
to,
filtering,
installing
cavities,
installing
directional
antennas,
powering
down
systems
, and
engineering
analysis),
and
all
costs
arising
from
third-party
claims
against
the
City
attributable
to
the
interference
.

6. The
WCF
shall
not
be
operated
in
such
a
manner
that
it
poses
, either
by
itself
or
in
combination
with
other
such
facilities,
a
potential
threat
to
public
health.

To
that
end,
no
facility
or
combination
of
facilities
shall
produce,
at
any
time,
power
densities
within
500
feet
of
the
WCF
that
exceed
the
FCC's
MPE
limits
for
electric
and
magnetic
field
strength
and
power
densities
for
transmitters
,
or
any
more
restrictive
standard
subsequently
adopted
or
promulgated
by
the
City,
County,
State
of
California,
or
the
Federal
government.

7. If there
is
any
change
in
the
operating
characteristics
of
the
WCF
, a
report
pursuant
to
Condition
J.1
of
this
Resolution
shall
be
submitted
to
the
Director
of
Development
Services
for
review
and
approval.

The
Director
may
also
require
the
operator
to
prepare
an
updated
RF
report,
and
pay
for
a
third-party
review
of
that
report
, as
part
February 20, 2024, Item #6
of any review of this CUP.

Resolution No. 24-

Page 6 ends

8. Any service light(s) shall only be operated when maintenance is being performed on the equipment. The service light(s) shall be adequately shielded and directed away from adjacent roadways.

SECTION 4: The approval of CUP23-003 shall expire on February 20, 2026, at 5:00 p.m., unless prior to that time construction on the property in reliance on the CUP approval has commenced.

SECTION 5: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure.

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 20th day of February, 2024 by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
9 of 15
February 20, 2024, Item #6
10 of
15 >, (ll---
1------umbria
~
0 City
of
Poway
Zoning
/ Location
Map
Item:

CUP23-0003
250
500
1,000
• NORTH
,__
________
____.

Feet

ATTACHMENT
B
February 20, 2024, Item #6
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SHEET TITLE

SOUTH AND WEST

ELEVATIONS

SHEET NUMBER
A-4
February 20, 2024, Item #6
14 of
15 ATTACHMENT
E
February 20, 2024, Item #6
SDSANOOS27C 15500
"D"
Espola
Rd.

Poway,
CA
92064
Proposed
antennas,
RRH
units
and
OVP
unit
mounted
within
proposed
radome
rover
on
a
new
80'-2"
high
replacement
stadium
light
standard
Photosimulation
of
proposed
telecommunications
site:

Looking
west
towards
site
February 20, 2024, Item #7
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
February 20, 2024
Honorable Mayor and Members of the City Council
Jeff Chumbley, Fire Chief ?J1'vU
Jenna Stein, Disaster Preparedness Coordinato~
(858) 668-4474 or [email protected] [JJ

CITY COUNCIL
Resolution to Participate in the County of San Diego Agricultural and Livestock Pass Program
During fires and other disasters, the ability for owners of commercial equine, livestock and agriculture operations to access their property can be critical to saving their crops and animals. Effective in 2021, Assembly Bill 1103 authorizes county boards of supervisors to create a standardized framework to implement "livestock pass" programs in California counties. The legislation provides a means for law enforcement officers and other emergency personnel to identify vetted commercial equine, livestock and agriculture operators and managerial employees to permit limited access to evacuated areas, when it is deemed safe, to care for their agriculture and/or livestock. Access by passholders will be guided by safety considerations, as determined by fire and law enforcement officials.

On August 30, 2022 the County Board of Supervisors established an Agricultural and Livestock Pass (Ag Pass) program. The local jurisdiction having authority must resolve to participate in the County of San Diego Ag Pass program before eligible operators within the jurisdiction can apply for and be approved for an Ag Pass.

Recommended Action:

It is recommended the City Council approve the Resolution to participate in the County of San Diego Agricultural and Livestock Pass program.

Discussion:

During fires and other disasters, the ability for owners of commercial equine, livestock and agriculture operations to access their property can be critical to saving their crops and animals. The Agricultural and Livestock Pass program was established by the County of San Diego to issue identification documents to qualified commercial equine, livestock and agricultural operators and managerial 1 of 5
February 20, 2024, Item #7
employees that will allow them timely access to their property. By resolving to participate in the program, approximately twenty-four commercial equine, livestock and agricultural operations within the City of Poway may become eligible for the Ag Pass Program.

The program established by the County of San Diego was developed through the coordination of San Diego County Fire, the County Department of Agriculture, Weights, and Measures (AWM), the California Department of Forestry and Fire Protection (CAL FIRE), the Sheriffs Department, the Office of Emergency Services (OES), and the Department of Animal Services. Stakeholder group meetings were held with members of the San Diego County Farm Bureau, the California Cattlemen's Association, and the San Diego County Fire Chiefs Association.

Interested parties will submit an application and a minimum of two verification documents to the Poway Fire Department and then AWM will review and confirm the operation's commercial status. All applicants must have a current City of Poway business certificate. Examples of documentation for verification of a commercial operation include:
• Redacted tax forms or other business documentation (LLC/partnership/incorporation) • AWM issued Operator ID
• Restricted Materials Pesticide Permit
• Certified Producer Certificate
• California State Organic Program Registration
• California Department of Agriculture Livestock Identification Number • Industry Association Letter
• USDA Documentation for Commercial Livestock Producer
• USDA Farm Services Agency Farm Number
• Permitted equestrian facility
• Brand# and/or Brand Certification Documentation
• USDA Documentation for Commercial Livestock Producer
• Zoning or use permit, such as permitted agricultural zoning commercial horse stable Each eligible commercial operation may secure an Ag Pass for multiple managerial employees who meet all of the following criteria: (1) have management authority with responsibility to oversee the care and well-being of the qualifying livestock producer's livestock; (2) primarily engage in managerial job duties and customarily and regularly exercise discretion and independent judgment in these duties, provided the duties are specified in a written job description issued no later than 90 days before the date of the flood, storm, fire, earthquake, or other disaster; and (3) earn a monthly salary equivalent to no less than two times the state minimum wage for full-time employment at the time of the flood, storm, fire, earthquake, or other disaster.

Verified applicants will be contacted by the Poway Fire Department to schedule the annual mandatory training. The training covers fire behavior, weather, safety, fireline hazards, entrapment avoidance, incident command structure organization, evacuation orders, road closures, and communications during a disaster. To ensure the safety of personnel, employers will be required to submit an emergency plan for their operation and proof of employer insurance coverage. In addition, employers are required to provide masks and protective equipment and, upon request by the employee, a post exposure health screening.

An evacuation order requires the immediate movement of people out of an affected area due to an 2 of 5
February 20, 2024, Item #7
imminent threat to health and safety. Even if an individual possesses an Ag Pass, they will be required to evacuate the area. After an evacuation, access back into the hazardous areas may be restricted by a soft or hard road closure. Only emergency personnel and law enforcement are allowed access to an area during a hard closure. During a soft closure, the Incident Commander and coordinating emergency agencies will monitor the affected area to determine when conditions are safe enough to allow Ag Pass holders into the affected area. If deemed safe, Ag Pass holders will receive a phone, text, and email notification from AlertSanDiego, the region's mass notification system, that they may proceed to a law enforcement roadblock and present their pass. Individuals will only be granted access during daylight and are not permitted to stay overnight while an evacuation order remains in place. Access by Ag Pass holders and others will be guided by safety considerations, determined by fire and law enforcement officials.

For equine and livestock operations, the Ag Pass will be limited to the purposes of sheltering, moving, transporting, evacuating, feeding, watering, or administering veterinary care to livestock. For agricultural operations, the Ag Pass will allow work on irrigation systems, farm equipment, and other essential infrastructure. Ag Pass holders will not be permitted to perform other activities, including structural fire protection. Additionally, Ag Pass holders will be required to acknowledge the inherent risks and hazards associated with accessing restricted areas subject to official road closure as the result of a local emergency and agree to indemnify and hold the City of Poway and the County of San Diego harmless from any potential liability.

Environmental Review:

This item is not subject to review under the California Environmental Quality Act (CEQA).

Fiscal Impact:

None as a result of this action.

Public Notification:

None.

Attachments:

A. Resolution
Reviewed/Approved By:

Assistant City Manager
3 ofS
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:
c~
City Manager
February 20, 2024, Item #7
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, TO PARTICIPATE IN THE COUNTY OF

SAN DIEGO AGRICULTURAL AND LIVESTOCK PASS

PROGRAM
WHEREAS, the City of Poway is home to commercial equine, livestock and agricultural operators which desire access to their property to care for livestock and crops during or following a flood, storm, fire, earthquake, or other disaster, upon access being granted by emergency personnel;
WHEREAS, a majority of the City is designated by the California State Fire Marshal as a Very High Fire Hazard Severity Zone;
WHEREAS, the City has previously experienced the devastating effects of wildfire which required the evacuation of residents, businesses and animals; WHEREAS, the County of San Diego has established a program with the purpose of issuing identification documents to qualified commercial equine, livestock and agricultural operators and managerial employees during a disaster that will allow them timely access to their property;
WHEREAS, the purpose of participating in the county-based Agricultural and Livestock Pass (Ag Pass) program is to provide a uniform way to identify vetted commercial equine, livestock and agricultural operators and managerial employees to fire and law enforcement officials;
WHEREAS, possession of an Ag Pass during a wildfire or a similar disaster potentially allows qualified operators limited emergency access to their properties in areas that may otherwise be restricted to the public, only when deemed safe by fire and law enforcement officials, in order to protect or care for agriculture and/or livestock (such as irrigating crops or feeding, watering and transporting livestock);
WHEREAS, qualified commercial equine, livestock and agricultural operators shall obtain and/or maintain an appropriate business certificate, permit, or license prior to approval of an Ag Pass application; and
WHEREAS, an annual training program approved and administered by the Poway Fire Department shall be completed prior to issuing an Ag Pass identification card to qualified operators or managerial employees.

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

SECTION 1: The City of Poway will hereby participate in the County of San Diego Agricultural and Livestock Pass (Ag Pass).
4 of 5
II
II

ATTACHMENT A
February 20, 2024, Item #7
Resolution No. 24-

Page 2 ends

SECTION 2: The holder of an Ag Pass shall not have a right to access property during or following a flood, storm, fire, earthquake or other disaster. Such access may be denied in the discretion of the incident commander, a law enforcement official having jurisdiction, or their designee, where it would be unsafe for the holder of the pass to enter or the presence of the holder of the pass would interfere with disaster response.

SECTION 3: The holder of an Ag Pass shall agree, as a condition of the pass, to indemnify and hold the County of San Diego and the City of Poway harmless from any liability as a result of being granted a pass and/or access to a restricted area pursuant to a pass.

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 20th day of February, 2024 by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
5 of 5
1 of 22
February 20, 2024, Item #8
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PQ RT City of Poway
February 20, 2024
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services .µt.

Wendy Kaserman, Assistant City Manager I.JI,{
Shravani Gupta Singavarapu, Associate Planner
(858) 668-4609 or [email protected]
Wendy Kaserman, Assistant City Manager
(858) 668-4502 or [email protected]

CITY COUNCIL
Approval of Encroachment Agreement (EA) between the City of Poway and Pome BESS, LLC for Long Term Encroachment of the Public Right-of-Way for the installation of an underground Gen-Tie (General Transmission) line At the January 16, 2024 City Council meeting, the City Council considered the approval of an encroachment agreement between the City and Pome BESS, LLC for long term encroachment of the public right of water for the installation of an underground generation tie (Gen-Tie) line as part of the Development Review (DR) 23-0007, which was previously approved by City staff, to construct and operate a Battery Energy Storage System (BESS) located at 13830 and 13790 Danielson Street. The Gen-Tie line is an underground 69-kilovolt line that will transmit power between the project BESS substation and the San Diego Gas & Electric (SDG&E) company Pomerado Substation. This Gen-Tie line will cross Blaisdell Place and an existing SDG&E 69 kilovolt easement. Per the Municipal Code, the DR was administratively approved with conditions.

During the discussion on the item at the January 16, 2024 meeting, the City Council expressed concern over the lack of public benefits associated with the proposed battery storage facility that would justify long term encroachment into the City's right of way. The City Council voted not to approve the agreement. Following the meeting, City Staff met with representatives from the Pome BESS project and the terms of the proposed encroachment agreement have been revised to deliver more community benefits. The revised terms include a significant increase in the annual payment to the City, a minimum guarantee of new property tax revenue, and a significant capital contribution to improvements at Community Park as identified in the recently completed Community Park Needs Assessment.

Recommended Action:

It is recommended the City Council approve the Pome BESS Encroachment Agreement (Attachment A) with Pome BESS, LLC and authorize the City Manager to execute the Agreement on behalf of the 2 of 22
February 20, 2024, Item #8
City, as well as make any minor modifications or take further action that may be necessary to effectuate the intent of the Encroachment Agreement.

Discussion:

The applicant is Eolus North America, Inc, who is processing the EA and DR on behalf of Pome BESS LLC, the entity that will sign the proposed EA. The property owner is Shultz Real Estate LLC. The subject property is located at 13830 and 13790 Danielson Street, in the Light Industrial/ Storage (LI/S) land use designation of the South Poway Specific Plan Area (SPSP). The site is currently developed with an existing (legal nonconforming) automobile towing and storage business approved under Conditional Use Permit (CUP) 95-1 O and CUP 95-1 OM. The applicant submitted for a DR 23-0007 application in June of 2023, an energy storage facility consisting of lithium-ion batteries housed in containers, inverters, transformers, and an underground Gen-Tie line interconnect into the SDG&E Pomerado Substation located at 13735 Stowe Drive in Poway. A site plan of the proposed facility approved with the DR is provided as Attachment B.

The site has driveway access from Danielson Street and Blaisdell Place. The existing block wall of approximately 8 feet located along the perimeter of the property will be increased to 12 feet in height and will be fire rated. The proposed facility will receive energy (charging) from the SDG&E electric transmission system, store energy, and then later deliver energy (discharging) back to the Pomerado Substation. This facility is intended to operate year-round and will be available to receive or deliver energy 24 hours a day, 365 days a year.

The DR was reviewed by all departments, including the Fire Department, and was approved on December 29, 2023. With the approved DR, the existing CUP for the automobile towing company will be automatically revoked. The conditions in the DR approval address safety and operational parameters. The Fire Department requires compliance with California Fire Code (CFC) Chapter 1207 Battery Energy Storage Systems at all times to minimize any safety risks.

The EA, if approved by the City Council, will allow for long term encroachment of the public right-of way for the installation of a 69-kilovolt Gen-Tie line for the transmission of power between the Pome BESS project and the SDG&E Pomerado substation at 13735 Stowe Drive in Poway. The agreement imposes several conditions upon Pome BESS in exchange for long-term access to the City's public right-of-way. Pome BESS will encroach upon 1,471 square feet of the public right-of-way and per the terms of the agreement pay the City an annual fee of $67.98 per square foot, initially $100,000 per year. This is an increase of just over $91,000 annually in unrestricted General Fund revenue from the initially proposed encroachment agreement terms. This amount will be adjusted annually for inflation and be due in January of each year. It is anticipated, once all improvements are made and installed on the property, the assessed valuation of the property will increase and in turn the City will see an increase in annual property tax. Per the terms of the revised encroachment, Pome BESS is guaranteeing at least $50,000 in property tax revenue for the first twenty years of the project. The agreement provides for an annual look back and if the City does not receive at least $50,000 in property tax each year, Pome BESS will pay the City the difference between what was received in property tax and $50,000. The revised annual fee and guaranteed property tax provide for $150,000 in unrestricted General Fund revenue. There are also provisions in the agreement that Pome BESS will, to the extent legally possible, work to designate the project property as the point of sale or register the project property as the business location for sales and use tax purposes so the City will benefit from these taxes if legally permitted.
3 of 22
February 20, 2024, Item #8
The Pome BESS representatives heard the City Council's concerns regarding community benefit and as part of the revised encroachment agreement have pledged a one-time contribution of $500,000 toward improvements at Community Park as identified in the recently completed Community Park Needs Assessment.

Po me BESS is responsible for all costs and permits associated with the use of and installation of their infrastructure in the public right-of-way. In addition to reviewing the DR, the City's Fire Marshal also reviewed the proposed EA and determined there is no safety risk with the Gen-Tie line as the electrical lines leading to the substation will be made underground and in compliance with the California Electrical Code and the California Fire Code. The proposed EA includes an indemnity and assumption of risk provision and requires the maintenance of insurance for the duration of work in the public right-of-way. The initial term of the agreement is five years, the agreement will renew automatically for successive five-year periods, unless Pome BESS provides the required 60 days written notice of their intent to terminate. The City cannot terminate the agreement without cause. The maximum term of the agreement is thirty-five years from the date of execution.

Environmental Review:

The approval of the EA is not subject to CEQA review, however, the DR for the development was determined to be exempt from CEQA pursuant to Section 15183 of the California Environmental Quality Act (CEQA), because the certified Final Environmental Impact Report (EIR) dated July 30, 1985, and the Final Subsequent EIR dated July 26, 1988, for the SPSP adequately addresses potentially significant adverse environmental impacts of the proposed development in that it involves a use that is allowed in the SPSP and is designed to be consistent with the development standards contained within the SPSP. The EA would not add any additional potentially significant environmental impacts not already addressed during the DR process and the SPSP EIR. Therefore, no additional environmental review for this project is required.

Fiscal Impact:

There are three components to the fiscal impact of the proposed encroachment agreement. If approved, the encroachment will generate an annual fee of $100,000 for the duration of the agreement which will be adjusted annually for inflation. For the initial five-year period of the agreement this will generate $500,000 in unrestricted General Fund revenue plus annual inflation adjustments. If all extensions provided for in the agreement are exercised, the City will receive $3,500,000 in annual fee revenue over the thirty-five-year period, plus annual inflation adjustments.

Additionally, as discussed in the report, Pome BESS is guaranteeing $50,000 annually in property tax revenue for the first twenty years of the agreement. Over the twenty-year period this represents at least an additional $1,000,000 in unrestricted General Fund revenue to the City. Lastly, per the terms of the agreement, Pome BESS will make a one-ti me contribution of $500,000 towards improvements at Community Park, as identified in the recently completed Community Park Needs Assessment.

Public Notification:

No public notification is required for this item. However, notification was provided to the adjacent property owners regarding approval of the DR and no comments were received 4 of 22
February 20, 2024, Item #8
regarding the DR.

Attachments:

A. Agreement for Long Term Encroachment of Public Right-of-Way B. Pome BESS Site Plan
Reviewed/Approved By:

Wendyaserman
Assistant City Manager
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

City Manager
5 of 22
February 20, 2024, Item #8

ATTACHMENT A

RECORDING REQUESTED BY

CITY OF POWAY
AND WHEN RECORDED MAIL TO:

City of Poway
Attn: City Clerk
13325 Civic Center Drive
Poway, California 92064

SPACE ABOVE THIS LINE FOR RECORDER'S USE

AGREEMENT FOR LONG TERM

ENCROACHMENT OF PUBLIC RIGHT-OF-WAY
(POME BATTERY ENERGY STORAGE SYSTEM PROJECT)

THIS AGREEMENT FOR LONG TERM ENCROACHMENT OF PUBLIC RIGHT-OF- WA Y (this "Agreement") is dated as of ______ , 2024, by and between the CITY OF Poway, a municipal corporation (the "City"), on the one hand, and Pome BESS LLC, a Delaware limited liability company on the other hand ("Pome BESS"), pursuant to the following:

RECITALS
WHEREAS, Pome BESS is the lessee and permittee of approvals related to certain real property located at 13830 and 13790 Danielson Street in the City of Poway, State of California (Assessor's Parcel Numbers ["APN"] 317-810-1900 and -3700) as more fully described in the Legal Description attached hereto as Exhibit A and incorporated herein by this reference (the "Project Land"), for the purposes of developing an energy storage facility (the "Project" and, the Project Land and the improvements that comprise the Project, collectively, the "Project Property").

WHEREAS, the City's approval of the Project includes the installation of a 69-kilovolt gen-tie line for the transmission of power between the Project and a substation operated by San Diego Gas & Electric Company ("SDG&E") and located at 13735 Stowe Drive in the City of Poway, State of California (APN 317-810-3300) ("SDG&E Property") that will extend beyond the Project Land into the dedicated right-of-way commonly known as Blaisdell Place in the City of Poway, State of California (the "Encroachment Area"). The Encroachment Area is more fully described and depicted in Exhibit B attached hereto and incorporated herein.

WHEREAS, the proposed installation by Pome BESS contemplated by this Agreement shall consist of one or more underground wires and cables, transmission or collector lines, fiber optic or other communication lines, for the transmission of electrical energy and communications, and all related uses, including but not limited to necessary and proper conduit, and other appliances, inverters, facilities and fixtures for use in connection with said wires and/or cables located underneath or along the Encroachment Area (the "Project Gen-Tie Offsite Improvements"). The Project Gen-Tie Offsite Improvements are generally depicted on the following plans approved by the City: (i) Development Review (DR23-0007) approved on

Page 1 ends

6 of 22
February 20, 2024, Item #8
December 29, 2023; and (ii) additional plans and permits, including, but not limited to, sites plan(s), public improvement plan(s) and building permits, to be approved in the future (collectively, "Approved Plans"). Complete copies of the Approved Plans are and will be on file with the Office of the City Clerk of the City of Poway and, by this reference, incorporated herein.

WHEREAS, the Encroachment Area will include a total of 1,471 square feet of occupation and use of the City's right-of-way. Use of the entirety of the Encroachment Area will only be required for the temporary construction period. Following this, Pome BESS will only be occupying 147.15 square feet within the Encroachment Area for the remainder of the Term (as defined below) in an underground location, The City has authority to regulate the use of the public right-of-way, including for the construction, installation and maintenance of the Project Gen-Tie Offsite Improvements therein. This Agreement is in addition to an encroachment/right of-way permit for the construction Project Gen-Tie Offsite Improvements, the terms of which are incorporated herein by this reference.

WHEREAS, the use of the Project Land for purposes of energy storage will provide public benefits to the community and the City. The Project, among other things, will serve as back-up power to the City during emergency and power shortage events.

NOW, THEREFORE, IT IS AGREED between the parties hereto as follows:

Section 1. City's Conditions to Providing Long Term Encroachment That City agrees to permit the long-term encroachment by Pome BESS in the Encroachment Area and subject to the following conditions:

1. In consideration for occupying and actual use of the City's public right-of-way on a long term basis, Pome BESS agrees to pay an in-lieu fee to compensate the City for that use at the rate of approximately $67.98 per square foot, for a total of One Hundred Thousand Dollars ($100,000.00) for each year of this Agreement ("In-Lieu Fee"). An in-lieu fee shall be paid ever year, and shall be calculated based on the original In-Lieu Fee plus yearly increases by the annual change in the Consumer Price Index -All Urban Consumers, San Diego Carlsbad, as published by the United States Bureau of Labor Statistics, subject to rounding to the nearest whole dollar. If the index is discontinued or revised during the term, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the index had not been discontinued or revised. The In-Lieu Fee will be invoiced by the City every January that this Agreement is in effect, and shall be due and payable within thirty (30) days of that invoice.

2. Pome BESS shall pay or deposit with the City all actual, out-of-pocket applicable costs incurred by the City in connection with the Project Gen-Tie Offsite Improvements, such as processing fees, field marking, plan review, engineering and inspection fees related to the proposed work, and City's actual, out-of-pocket legal fees for the preparation of this Agreement, and any other such fees and costs that are incurred related to the Project Gen-Tie Offsite Improvements.

3. Pome BESS shall install landscaping, or contract to install by a licensed contractor with appropriate class of license in the State of California, and thereafter will maintain such landscaping within the Project Gen-Tie Offsite Improvements conforming to the Approved Plans described above.

Page 2 ends

7 of 22
February 20, 2024, Item #8

4. All other Project Gen-Tie Offsite Improvements shall be continuously maintained by Pome BESS in a good, safe, neat, clean, and operational condition, free from any nuisance, to the reasonable satisfaction of the City

5. No structures, trees, shrubs or obstacles of any kind shall be installed outside of the Encroachment Area.

6. City shall not be responsible to maintain, repair or otherwise restore any of Pome BESS's improvements and/or alterations within the Encroachment Area. Any maintenance, repair or replacement to the Project Gen-Tie Offsite Improvements shall be at Pome BESS's expense.

7. In the event such maintenance, repair or replacement to the Project Gen-Tie Offsite Improvements adversely impact City property or improvements, Pome BESS shall, at its sole cost and expense, restore such impacted property or improvements to its original condition, to the extent the impacts were not caused by the City's misconduct or negligence. The City shall determine, in its reasonable discretion, if, when and to what extent the Project Gen-Tie Offsite Improvements have adversely impacted City property or improvements. Specifically, Pome BESS shall be responsible to fix any damage to City street pavements, existing public or private utilities, curbs, gutters, sidewalks or any private properly or improvements to the extent attributable to its installation, maintenance, repair or removal of its Project Gen-Tie Offsite Improvements in the public right-of-way and shall repair, replace and restore in kind any such damaged facilities at its sole expense and to the approval of the City. Any premature deterioration of the surface or subsurface improvements as determined by City, in accordance with prudent industry standards, shall be the responsibility of Pome BESS to the extent attributable to Pome BESS's activities; this responsibility shall survive this Agreement or any abandonment of the Project Gen-Tie Offsite Improvements for a period of two (2) years from the date of Pome BESS's most recent installation of or improvements in the Encroachment Area.

Pome BESS shall promptly, following written notice from the City, cause all necessary repairs to be completed; however, under no circumstances may the period of time exceed thirty (30) days.

In the event the repairs are not made, the City shall make repairs with the cost being billed to and payable by Pome BESS, which expense Pome BESS shall pay upon demand.

8. If the public right-of-way to be used by Pome BESS has preexisting installation(s), Pome BESS shall assume the responsibility to verify the location of the preexisting installation and notify the City and any third party of Pome BESS's proposed installation. The cost of any work required of such third party or City to provide adequate space or required clearance to accommodate Pome BESS's installation shall be borne solely by Pome BESS.

9. Pome BESS shall construct, install, operate and maintain the Project Gen-Tie Offsite Improvements in accordance and in conformity with all applicable City, State, Federal and regulatory agency laws, ordinances, rules and regulations.

10. Pome BESS agrees to cooperate in the planning, locating and constructing of its Project Gen-Tie Offsite Improvements in joint utility trenches or common duct banks with other similar utilities and to participate in cost-sharing for the joint trench and ducts, when such joint utility installations are being planned for or such opportunities exist in any area; provided that such activities do not unreasonably impair or disrupt Pome BESS's activities or the Project Gen Tie Offsite Improvements.

Page 3 ends

8 of 22
February 20, 2024, Item #8

11. Pome BESS shall remove or relocate, without material cost or expense to City, any Project Gen-Tie Offsite Improvements installed, used and maintained under this Agreement if and when made necessary by any change of grade, alignment or width of any street, sidewalk or other public facility, including the construction, maintenance or operation of any underground subway or viaduct by City and/or the construction, maintenance or operation of any other City underground or above ground facilities. In the event all or any portion of said public right-of-way occupied by the Project Gen-Tie Offsite Improvements shall be needed by City or in the event the existence of said Project Gen-Tie Offsite Improvements shall adversely affect governmental activities, including but not limited to, interference with City construction projects, or is in conflict vertically and/or horizontally with any proposed City installation, Pome BESS shall remove and relocate said Project Gen-Tie Offsite Improvements to such other location or locations in the public right-of-way as may be designated by City and which are reasonably acceptable to Pome BESS. Pome BESS shall cause such removal or relocations to be completed within one hundred eighty (180) days of notification by City unless exigencies dictate a shorter period for removal or relocation. In the event said Project Gen-Tie Offsite Improvements are not removed or relocated within said period of time, City may cause the same to be done at the expense of Pome BESS and Pome BESS shall reimburse the City for any and all actual, out-of-pocket expenses incurred by the City in connection therewith. If Pome BESS fails to vacate or otherwise remove the Project Gen-Tie Offsite Improvements as required by City, City shall be entitled to vacate or otherwise remove the facilities at Pome BESS's sole cost and expense.

Notwithstanding the foregoing, City shall provide Pome BESS with prior written notice of, and consult with Pome BESS with respect to, any vacation or removal of the Project Gen-Tie Offsite Improvements by City, and Pome BESS shall have the right to have a representative present during any such vacation or removal work conducted by City.

12. Should City intend to authorize or permit installations of a third party (not. including any City-owned installations) to public right-of-way jointly used under this Agreement, and should the proposed installation of such third party interfere with, adversely affect or require the rearrangement of any Pome BESS Project Gen-Tie Offsite Improvements, City shall condition third party installations to provide such third party pay all costs of rearranging the Project Gen-Tie Offsite Improvements before authorizing or permitting the third party installations.

13. If any portions of the Project Gen-Tie Offsite Improvements covered under this Agreement are no longer used· by Pome BESS or its affiliates or successors, or are abandoned for a continuous period in excess of six (6) months, Pome BESS shall notify City and shall either promptly vacate or remove the facilities at its own expense or, at the City's sole discretion, may be allowed to abandon some or all of the facilities in place. If Pome BESS is permitted by the City to abandon its facilities in place, any such abandoned facilities shall be deemed conveyed to City and Pome BESS shall have no further obligation to remove, relocate or maintain said facilities. For the avoidance of doubt, the Gen-Tie Offset Improvements shall not be deemed abandoned when non-use is required due to a material casualty or similar event for which Pome BESS intends to conduct repair or replacement work and continue operation.

14. When removal or relocation is required under the Agreement, Pome BESS shall, after the removal or relocation of the Project Gen-Tie Offsite Improvements, at its own cost, repair and return the public right-of-way on which the facilities were located to a safe and satisfactory. condition in substantial accordance with the construction-related conditions and specifications as established by City according to its standard practice. Should Pome BESS remove the Project Gen-Tie Offsite Improvements from the public right-of-way, Pome BESS Page4
9 of 22
February 20, 2024, Item #8
shall,
within
ten
(10)
business
days
after
such
removal,
give
notice
thereof
to
City
specifying
the
right-of-way
affected
and
the
location
thereof,
as
well
as
the
date
of
removal.

Before
proceeding
with
removal
or
relocation
work,
Pome
BESS
shall
obtain
an
Encroachment
Permit
from
the
City.

If
Pome
BESS
does
not
return
the
affected
site
to
a
safe
and
satisfactory
condition,
then
City
shall
have
the
option
to
perform
or
cause
to
be
performed
such
reasonable
and
necessary
work
on
behalf
of
Pome
BESS
and
charge
the
actual
costs
incurred
to
Pome
BESS.

Upon
receipt
of
a
demand
for
payment
by
City,
Pome
BESS
shall
reimburse
City
for
all
such
costs.

15. Sales,
Use
and
Property
Tax
Covenant.
a.

During
the
Term,
to
the
extent
feasible
and
allowed
by
applicable
law,
Pome
BESS
shall
work
in
good
faith
to
either
appropriately
designate
the
Project
Property
as
the
point
of
sale
or
register
the
Project
Property
as
the
business
location
for
sales
and
use
tax
purposes
under
the
relevant
equipment
supply
contracts
to
which
it is
a
party,
to
the
extent
legally
appropriate.
b.

Beginning
with
the
first
full
City
fiscal
year
following
completion
of
the
Project,
and
for
subsequent
nineteen
(19)
City
fiscal
years
of
Project
operation
("Tax
Term"),
it
is
anticipated
the
City
will
receive
at
least
Fifty
Thousand
Dollars
($50,000.00)
per
City
fiscal
year
in
property
taxes
related
to
the
Project
Property
("City
Property
Taxes").

On
the
15 th
day
of
each
August
of
each
calendar
year
during
the
Tax
Term,
the
City
shall
provide
Pome
BESS
with
an
accounting,
identifying
the
amount
of
City
Property
Taxes
received
in
relation
to
the
Project
Property
as
authenticated
by
the
San
Diego
County
Treasurer-Tax
Collector's
("County
Collector'')
records.

If
the
City
determines
that
amount
of
City
Property
Taxes
collected
is
less
than
Fifty
Thousand
Dollars
($50,000.00)
for
any
fiscal
year
during
the
Tax
Term,
the
City
shall
invoice
Pome
BESS
for
the
remainder
amount
(i.e
.,
$50,000
.00
less
the
amount
of
City
Property
Taxes received)
and
provide
Pome
BESS
with
the
information
relied
upon
by
the
City
in
making
such
determination
(to
the
extent
such
disclosure
is
not
prohibited
by
law).

Pome
BESS
shall
have
thirty
(30)
days
to
either
remit
payment
to
the
City's
Finance
Director
or
provide
any
comments
or
additional
information
to
the
City
regarding
the
amount
of
the
City
Property
Taxes,
which
the
City
shall
consider
in
good
faith.

No
later
than
thirty
(30)
days
following
the
receipt
of
any
such
information
from
Pome
BESS,
the
City
shall
notify
Pome
BESS
in
writing
whether
its
determination
of
the
City
Property
Taxes
has
changed
and,
if
so,
issue
a
revised
invoice
to
Pome
BESS.

Pome
BESS
will
remit
payment
to
the
City's
Finance
Director
within
thirty
(30)
days
of
receipt
of
such
notice.
c.

Pome
BESS
shall
timely
report
and
pay
all
property
taxes
to
the
County
Collector
in
accordance
with
the
laws,
rules
and
regulations
applicable
to
such
reporting.
d.

City
Property
Taxes
shall
be
deemed
to
have
been
received
by
the
City
if and
to
the
extent
the
County
Collector
elects
to
offset
the
payment
of
any
such
City
Property
Taxes
against
any
other
obligations
of
the
City.
e.

City
Property
Taxes
shall
be
determined
based
on
actual
amounts
received
by
the
City
, which
for
the
purposes
of
this
Agreement
shall
not
include
Page
5 10 of 22
February 20, 2024, Item #8
amounts
received
by
City
as
the
"Successor
Agency"
to
the
Poway
Redevelopment
Agency
pursuant
to
ABx1
26 and
AB
1484,
based
only
on
the
City's
share
of
the
tax
applicable
to
the
Project
Property
within
each
City
fiscal
year.

City
Property
Taxes
from
the
Project
Property
shall
not
include
amounts
paid
to
the
City
by
the
County
Collector
derived
from
any
tax
overrides
or
special
tax
amount
received
by
the
City,
and
any
administrative
fees
or
charges
imposed
by
the
County
Collector
shall
not
be
taken
as
a
deduction
against
the
computation
of
the
City
Property
Taxes
.

16. Within
ninety
(90)
days
of
the
City
's
issuance
of
all
permits
and
approvals
necessary
for
commencement
of
construction
of
the
Project,
including
within
the
Encroachment
Area,
Pome
BESS
shall
cause
to
be
contributed
a
one-time
donation
to
the
City's
Finance
Director
in
the
amount
of
Five
Hundred
Thousand
Dollars
($500
,000.00)
to
fund
the
revitalization
of
the
Poway
Community
Park
located
at
13094
Civic
Center
Drive
in
the
City
of
Poway,
State
of
California
. The
parties
agree
to
cooperate
in
good
faith
to
prepare
and
process
the
appropriate
documentation
for
this
contribution
, including
by
providing
such
documentation
reasonably
requested
by
a
party
for
tax
reporting
purposes
.

Section

2. Pome
BESS
Covenants
Pome
BESS
shall
do
all
of
the
following
as
conditions
to
the
City's
grant
of
the
long
-term
encroachment
under
the
Agreement:

1. Pome
BESS
shall
comply
with
the
requirements
set
forth
Section

1. 2.

In
the
event
that
Pome
BESS
fails
to
comply
with
any
obligations
set
forth
in
this
Agreement,
the
City
will
give
Pome
BESS
thirty
(30)
days
written
notice
to
cure
. If
the
failure
to
comply
is
not
thereafter
corrected,
so
long
as
the
obligation
is
such
that
it
can
be
cured
within
thirty
(30)
days,
the
City
Director
of
Development
Services
may
cause
the
necessary
action
to
cure
and
the
cost
of
that
action
shall
be
borne
by
Pome
BESS,
or
the
City
may
, at
its
sole
discretion,
terminate
this
Agreement.

This
Section

2.2 does
not
limit
any
other
rights
or
remedies
otherwise
available
to
the
City.

3. Upon
the
completion
of
construction
work
on
the
Project
Gen-Tie
Offsite
Improvements,
Pome
BESS
shall
promptly
furnish
to
City
accurate
plans
and
record
-drawings
showing
in
detail,
the
exact
location,
depth,
and
size
of
all
facilities
in
the
public
right-of-way,
including
, without
limitation
, the
profiles
of
all
street
crossings.

These
plans
and
drawings
shall
be
. incorporated
in
one
(1)
set
of
3 mil
minimum
thickness,
good
quality
transparent
mylar
drawings,
or
provided
in
another
format
accepted
by
the
City.

Pome
BESS
shall
furnish
to
City
electronic
versions
of
the
full
set
of
plans
, as
well.

To
the
extent
directional
boring
or
other
similar
methods
are
used
to
construct
or
install
the
Project
Gen-Tie
Offsite
Improvements,
Pome
BESS
also
shall
pothole
all
City
mains
and
customer
services
lines
prior crossing
over,
under,
or
between
such
underground
facilities.

Pome
BESS
shall
identify
the
Project
Gen-Tie
Offsite
Improvements
installed
in
each
public
right-of-way
by
means
of
an
identification
method
mutually
agreed
upon
by
the
City
and
POME
BESS
.

Such
identification
shall
be
detectable
from
ground
level
without
opening
the
street.

Pome
BESS
shall
install
a
locator
wire
in
connection
with
its
construction
of
the
Project
Gen-Tie
Offsite
Improvements.

Page
6 11 of 22
February 20, 2024, Item #8
Section 3. No Creation of Adverse Right to City
Pome BESS agrees that the use of the Encroachment Area for the Project Gen-Tie Offsite Improvements is with the express permission of the City, and will in no way create any right whatsoever in Pome BESS which is adverse to any rights of City, and that the rights of Pome BESS are the rights herein given by this Agreement and no other rights in the Encroachment Area whatsoever accrue hereunder.

Section 4. Indemnity and Assumption of Risk
Pome BESS agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith, including all attorneys' fees and litigation costs), arising out of this Agreement, and as a result of any action or inaction by Pome BESS or, its agents, employees, contractors, or any other individual or corporation acting on its behalf of at its direction (collectively, "Pome BESS Parties"), including but not limited to: (1) Pome BESS Parties' performance under this Agreement; (2) all work conducted pursuant to this Agreement by any Pome BESS Parties, whether authorized or unauthorized (specifically including, but not limited to, all work in the right-of-way pursuant to this Agreement, and/or work on any portion of the Project Gen-Tie Offsite Improvements); (3) Pome BESS Parties' failure to comply with any of their obligations contained in this Agreement; (4) Pome BESS Parties' creation of a dangerous, unsafe, or attractive nuisance condition within the Encroachment Area; or (5) Pome BESS Parties' inadequate maintenance of the public right-of-way that is encroached upon and/or its surrounding area, except to the extent any such claims arise out of or are related to the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers.

Except for injuries to persons caused by the sole negligence or willful misconduct of the City: (a) Pome BESS hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Pome BESS that occurs in the course of, or in connection with, the performance of Pome BESS's obligations under this Agreement, including but not limited to all work on the Project Gen-Tie Offsite Improvements; and (b) it is hereby agreed that the City is not to be liable for injury or damage which may be sustained by the person, goods or property of the Pome BESS Parties.

Section 5. Recordation of This Agreement.

Within five (5) business days after the execution of this Agreement by all necessary parties, the City shall cause this Agreement to be recorded against the Project Land. This Agreement and the covenants contained herein shall be binding upon and inure to the benefit of the successors, heirs, assigns and transferees of Pome BESS thereby creating an equitable servitude upon the Project Land so long as the Project Gen-Tie Offsite Improvements remain in the Encroachment Area. Notwithstanding the forewing, this Agreement shall not be assignable by Pome BESS without the explicit written approval of City, which approval shall not be unreasonably withheld, provided, however, that Pome BESS may assign the rights herein to a parent, successor, subsidiary, joint venturer, mortgagee (or similar) or affiliate of Pome BESS now or hereafter existing, by only providing notice to the City of such assignment. However, this Agreement shall be binding on successors and assigns and shall be disclosed to assignee.

Page 7 ends

12 of 22
February 20, 2024, Item #8
Section 6. Notices.

Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first-class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of Poway
Attn: City Manager
13325 Civic Center Drive
Poway, California 92064
If to Pome BESS: Pome BESS LLC
Attn: Legal Department
5538A La Jolla Boulevard
La Jolla, California 92037
Or, in the event that Pome BESS is no longer the permittee to the Project, to the property owner of record as reflected in the current ownership rolls maintained by the San Diego County Tax Collector.

Section 7. Effective Date and Term.

The term of this Agreement shall commence on the date it is approved by the City Council ("Effective Date"), and shall be for a term of five (5) years. Provided that Pome BESS is not in default under this Agreement beyond applicable notice and cure periods, the term will renew automatically for successive five-year periods, unless Pome BESS provides the City with sixty (60) days prior written notice of termination. The maximum term of this agreement is thirty five (35) years from the date this initial Agreement is executed, unless extended by written agreement of the Parties.

Section 8. No Franchise Created.

Nothing in this Agreement shall be construed as granted or creating any franchise rights.

Section 9. Insurance
Any person, firm or corporation Pome BESS authorizes to work upon the public right-of way, including any contractor, shall be deemed to be an agent of Pome BESS, and shall be subject to all the applicable terms of this Agreement, prior to entry on the right-of-way by such agents.

Pome BESS shall provide City with satisfactory evidence (in the form of a Certificate of Insurance) that it and its contractors or other agents who will access the public right-of-way pursuant to this Agreement are insured in accordance with the following, which insurance shall remain in effect throughout the term of this Agreement and shall be at the sole cost and expense of Pome BESS (or its agents). Prior to the start of the work or entry onto the public right-of-way, Pome BESS agrees to procure and maintain, and require its contractor(s) to procure and maintain, at its (or its contractors') sole cost and expense (and to prove to City's

Page 8 ends

Poway City CouncilFebruary 20, 2024

Poway City Council
February 20, 2024