M EMQRAN DLJ M City of Poway
ADDITIONAL MATERIA LS
(Agenda Related Writings/Documents provided to City Council or Staff after distribution of the Agenda Packet for the August 20, 2024 Council Meeting)
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
August 20, 2024
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development ServiceLo '
Mary Piscitelli, Associate Planner
(858) 668-4657 or mpiscitelli@poway .org
Additional Materials for Item #5 Agenda Packet for Nighthawk Energy Storage (Project) including Errata for the EIR and SEIRs Addendum and Public Correspondence (SPA 22-0002 and DR 22-0001)
The City of San Diego, the California Department of Fish and Wildlife and the United States Fish and Wildlife Service (Wildlife Agencies) have requested updates to the Addendum to the Environmental Impact Reports prepared for the Project, to reflect a reduction in biological impacts within the City of San Diego's jurisdiction as determined by the Wildlife Agencies. The Draft Resolution for approval has been updated to enhance consistency with the full scope of the Addendum . Red lined portions of the Addendum are attached .
Public correspondence received after 8/13/2024 and before 3:00 pm on 8/19/2024 are also attached.
Attachments:
A. Revised Resolution approving the Addendum (Agenda Report Attachment A) B. Red lined portions of the Addendum (strikethrough/underline in RED) C. Public correspondence received after 8/13/2024 (Agenda Report Attachment G) Reviewed/Approved By:
Assistant City Manager
1 of 27
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
c~
City Manager
August 20, 2024, Item #5
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING AN ADDENDUM TO THE
SOUTH POWAY SPECIFIC PLAN ENVIRONMENTAL IMPACT
REPORT, SOUTH POWAY PLANNED COMMUNITY
AMENDMENTS SUBSEQUENT . ENVIRONMENTAL IMPACT
REPORT AND CALMAT-POWAY SUBSEQUENT
ENVIRONMENTAL IMPACT REPORT ANALYZING THE
POTENTIAL IMPACTS OF SPECIFIC PLAN AMENDMENT (SPA)
22-0002 AND DEVELOPMENT REVIEW (DR) 22-0001, TO
ALLOW THE USE AND CONSTRUCTION OF NIGHTHAWK
BATTERY ENERGY STORAGE SYSTEM; ASSESSOR'S
PARCEL NUMBER 320-031-03-00
WHEREAS, on July 30, 1985, the City Council of the City of Poway approved the South Poway Specific Plan (SPSP) (PC 84-01) via Resolution P-85-45, which also contained a Poway General Plan Amendment (GPA) to set the policy framework guiding development in the SPSP area using definitions, a land use plan, development standards and design guidelines; WHEREAS, on July 30, 1985, the SPSP Environmental Impact Report (EIR) (State Clearinghouse [SCH] No. 84053008) prepared by the City was certified pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §21000, et seq.), in conjunction with the adoption of SPSP and related entitlements adopted concurrently therewith. The SPSP EIR analyzed the potential impacts of the proposed build-out of the SPSP area in a manner permitted by the Specific Plan;
WHEREAS, on July 26, 1988, the City Council of the City of Poway certified a Subsequent Environmental Impact Report (SEIR) (SCH No. 880427161) via Resolution P-88-074, for amendments to the text of and acreage within the boundaries of the SPSP; WHEREAS, on July 23, 1991, the City Council certified a second SEIR (SCH No. 89010025) for the CalMat-Poway Conditional Use Permit (CUP) and Reclamation Plan (CUP 89- 05) via Resolution 91-078;
WHEREAS, the City Council approved modifications to CUP 89-05 by its approval of CUP 19-009 in February 2020 and CUP 22-0005 in April 2023, each time determining that the approved modifications to the CUP did not require further analyses, and all impacts were analyzed by the previously certified 1990 SEI R;
WHEREAS, a portion of the Project's generation interconnection transmission line (Gen Tie) is within the Rancho Encantada Precise Plan area in the City of San Diego, and the City of San Diego previously certified an EIR for the Rancho Encantada Precise Plan via Resolution No. 295401 on August 7, 2001 (LDR No. 99-0194; SCH No. 2000011053); and Project components located within the Miramar Marine Corps Base were analyzed in compliance with the National Environmental Policy Act (NEPA) and determined to qualify under Categorical Exclusion 24 CFR 775.6(g) pursuant to Categorical Exclusion Decision Memorandum (NEPA Mrell20220070) dated January 23, 2023, and incorporated into the Addendum by reference pursuant to CEQA guidelines section15150;
WHEREAS, the Addendum analyzed the Project as a whole including portions within the 2 of 27 ATTACHMENT A
August 20, 2024, Item #5
Resolution No. 24-
City, the City of San Diego, Miramar Marine Corps Base, and SDG&E easements within the City of Poway and City of San Diego and concluded that none of the circumstances described in CEQA guidelines section 15162 calling for preparation of a subsequent or supplement EIR apply, and therefore the Addendum was prepared in accordance with CEQA guidelines section 15164; WHEREAS, Nighthawk Energy Storage, LLC (Applicant) has applied for an amendment to the SPSP Specific Plan Amendment (SPA) 22-0002 and a Development Review (DR) 22-0001 to allow the development and operation of a 300-Megawatt (MW) battery energy storage system (BESS) facility on an approximately 10 acres of the northerly portion of Assessor Parcel Number (APN) 320-031-03, addressed as 13501 Kirkham Way, as well as associated infrastructure (Project);
WHEREAS, an Addendum to the previously certified SPSP EIR and SEIRs (Addendum) has been prepared in compliance with CEQA to address and analyze the potential environmental impacts of the Project, and is available on the City website at the following link:
https://poway.org/329/Recent-Projects-Environmental-Documents . The Addendum is also available for inspection and copying in the City Clerk's office, and hereby incorporated into this Resolution by reference;
WHEREAS, the Addendum, based on substantial evidence and for the reasons set forth therein, concludes that the Project will not result in any new significant impacts or significant impacts that would be more severe than those identified and analyzed in the EIR and SEIR(s), nor are any other circumstances set forth in CEQA Guidelines section 15162 (i.e., changed circumstances or new information of substantial importance) present that would allow or necessitate the preparation of a subsequent or supplemental EIR; WHEREAS, on August 20, 2024, the City Council held a duly advertised public hearing to solicit comments from the public, both in favor and against, regarding the Project and the Addendum; and
WHEREAS, the City Council has read and considered the Addendum for the proposed project and has considered other evidence presented at the public hearing and determined that the analysis and conclusions in the Addendum represent the City Council's independent judgment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: The above recitals are true and correct and are incorporated by this reference as if fully set forth herein.
SECTION 2: Pursuant to the CEQA guidelines section 15164, an Addendum has been prepared to the EIR (1985 EIR, Resolution 85-45) (SCH No. 84053008) for the SPSP, the SEIR (SCH No. 880427161) for amendments to SPSP, the SEIR (SCH No. 89010025) for the CalMat Poway Conditional Use Permit and Reclamation Plan (CUP 89-05), the Rancho Encantada Final EIR (LOR No. 99-1094/SCH No. 2000011053) and the Categorical Exclusion Decision Memorandum (NEPA Mrell20220070), incorporated by reference pursuant to CEQA guidelines section 15150. The analysis from the EIRs and SEIRs, together with the analysis in the Addendum, support the conclusion that the use and development of the Project will not result in any new or increased significant impacts that would be more severe than those already analyzed in, and further covered by the previously certified EIRs and SEIRs, nor are any other 3 of 27
August 20, 2024, Item #5
Resolution No. 24-
circumstances set forth in CEQA guidelines Section 15162(a) present that would allow or necessitate the preparation of a subsequent or supplemental EIR. Pursuant to CEQA guidelines section 15164(a), the City may rely on the EIRs and the SEIRs, updated with the Addendum for documentation of the effects of the Project on the environment, as all of the proposed Project's significant impacts were fully disclosed, analyzed, and mitigated in the EIRs and SEIRs, to the extent feasible, for all reasons set forth in the Addendum and the remainder of the administrative record.
SECTION 3: The findings made, and conditions of approval set forth in the decisions and resolutions listed in the recitations, remain applicable and active, and run with the use of the land.
SECTION 4: The Addendum is available on the City website at the following link:
https://poway.org/329/Recent-Projects-Environmental-Documents , available for inspection and copying in the City Clerk's office, and hereby incorporated into this Resolution by reference, was prepared in compliance with CEQA, specifically CEQA Guidelines 15164, and is hereby approved.
SECTION 5: The Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including reasonable attorney's fees, collectively the "Claims" against the City or its agents, officers, or employees, relating to the issuance of any aspect of the proposed Project, including, but not limited to, any action to attack, set aside, void, challenge, or annul the development approvals set forth in this resolution any aspect of SPA 22-0002, DR 22-0001, or the Addendum and/or any environmental document or decision made pursuant to CEQA. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation-related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. Notwithstanding the foregoing, no indemnity shall be required for claims resulting from the exclusive gross negligence or willful misconduct of the City. 4 of27
II
II
II
II
II
II
II
II
August 20, 2024, Item #5
Resolution No. 24-
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 20th day of August, 2024 by the following vote, to wit:
AYES:
NOES:
ABSTAINED :
ABSENT :
DISQUALIFIED :
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
5 of27
August 20, 2024, Item #5
6 of 27
ATTACHMENT B
NIGHTHAWK ENERGY STORAGE PROJECT/ ADDENDUM TO SOUTH POWAY PLANNED COMMUNITY
DEVELOPMENT PLAN POWAY ENVIRONMENTAL IMPACT REPORT
Construction Water Use
During construction of the project, water would be required for common construction-related purposes, including but not limited to dust suppression, soil compaction, and grading. Dust-control water may be used during ingress and egress of on-site construction vehicle equipment traffic and during the construction of the energy storage equipment. A sanitary water supply would not be required during construction because restroom facilities would be provided by portable units to be serviced by licensed providers. During the 12-month construction period, the water used is anticipated to be supplied by purchasing water from a local water purveyor.
Solid and Nonhazardous Waste
The project site would produce a small amount of solid waste from construction activities. This may include paper, wood, glass, plastics from packing material, waste lumber, insulation, scrap metal and concrete, empty nonhazardous product containers, and vegetation waste. These wastes would be segregated, where practical, for recycling. Non-recyclable wastes would be placed in covered dumpsters and removed on a regular basis by a certified waste-handling contractor for disposal at a Class Ill (nonhazardous waste) landfill.
Hazardous Materials
The hazardous materials used for construction would be typical of most construction projects of this type. Materials would include small quantities of gasoline, diesel fuel, oils, lubricants, solvents, detergents, degreasers, paints, ethylene glycol, dust palliatives, herbicides, and welding materials/supplies. A Hazardous Materials Business Plan (HMBP) in accordance with federal and State law (Federal Regulations Title 40, Section 355.61; California Health and Safety Code Division 20, Chapter 6.95 and California Code of Regulations, Title 19, Division 2, Chapter 4) would be provided to the City. The HMBP would include a complete list of all materials used on site and information regarding how the materials would be transported and in what form they would be used. This information would be recorded to maintain safety and prevent possible environmental contamination or worker exposure. During project construction, safety data sheets (SDS) for all applicable materials present at the site would be made readily available to on-site personnel.
Hazardous Waste
Small quantities of hazardous wastes likely would be generated over the course of construction. These wastes may include waste paint, spent construction solvents, waste cleaners, waste oil, oily rags, waste batteries, and spent welding materials. Workers would be trained to properly identify and oversee all hazardous materials. Hazardous waste would be either recycled or disposed of at a permitted and licensed treatment and/or disposal facility. All hazardous waste shipped off site for recycling or disposal would be transported by a licensed and permitted hazardous waste hauler.
Gen-Tie Line
Construction of the 138 kV gen-tie line would take approximately 3 months to complete and would occur primarily within the greater project site in the City of Poway, and in the City of San Diego, primarily in developed areas, and Miramar Marine Corps Base, within existing utility easements. Trenching will be required to construct the 138 kV underground gen-tie line, and may include the use of trenchers, backhoes, excavators, haul vehicles, compaction equipment, and water trucks. The workspace will be limited to WttA-if½-the road right-of-way and private property. 12655
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9 August 20, 2024, Item #5
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NIGHTHAWK ENERGY STORAGE PROJECT/ ADDE~muM TO SOUTH POWAY PLANNED COMMUNITY
DEVELOPMENT PLAN POWAY ENVIRONMENTAL IMPACT REPORT
WiWln the northern portion of the gen-tie line alignment, work will be located entirely within developed lands (paved roads and dirt roads). Within the central portion of the site immediately south of Stonebridge Parkway is a wetland and wash that will be avoided entirely with the "iack-and-bore" method of Hunneling. This method will go at least 10 feet below the wetland and was. Within the southern section. the gen-tie line will be installed in a 3 foot wide trench. The length of the 3-foot-wide trench is approximately 659 feet. A 20-foot-wide work area is needed for the excavator. Work in the southern portion will take approximately 3 to 6 weeks to complete. -Permanent structures (equipment vaults) will be constructed at six locations along the alignment, one on Paine St, one north of Beeler Canyon, one in the right-of-way on the south side of Beeler Canyon Road, one just north of Stonebridge Parkway on Green Valley Court, one on an existing access road at the edge of the Miramar Base, and one just outside of the Sycamore Canyon Substation. Temporary work areas will be designated around each of the vaults. Construction of the proposed project will implement open cut trenching and jack and bore installation in two locations. Upon completion of project constructioni the temporary work areas around the vaults will be restored v-iain accordance with a Restoration Plan approved by the wildlife agencies San Diego Landscape guidelines (City of San Diego 2023tAvoidance of City of San Diego wetlands, waters, non-native grassland, and scrub oak chaparral located south of Stonebridge Parkway, will be achieved via Jack and Bore. Jack and Bore is a trenchless method that involves the use of a boring machine to create a tunnel, through which a pipe is then installed.
A permit application would be submitted to the City of San Diego and Miramar Marine Corps Base as a responsible agency with jurisdiction over part of the project. Poway will require proof of obtaining City approval of applicable development permits as of the timeline required by the applicable legal requirements recognized by the City of Poway. A portion of the gen-tie located within Miramar Marine Corps Base is located within an existing utility easement area and may also require confirmation or approval of related access and easement rights. The project has obtained approval from the Miramar Marine Corps base as of August 1, 2023.
1.6 Operation and Maintenance Activities
Typical operations and maintenance activities that would occur on the project site during operation include, but are not limited to, liaison and remote monitoring administration and reporting; semi-annual and annual services; remote operations of batteries, inverters, substation, and site security and management; additional communication protocols; and repair and maintenance of the BESS, electrical gen-tie lines, and other project facilities. The electrical equipment; heating, ventilation, and air conditioning; fire protection systems; and security would be automated and monitored remotely. Periodic in-person inspections would be performed as needed, as part of a security contract. The site would be unoccupied but would be visited periodically (up to approximately four times per year) during the operating period for equipment inspections, monitoring and testing, and maintenance as needed. Maintenance of the gen-tie line would require pulling the line out from existing points of entry and would not require any new trenching.
The project design is consistent with the requirements of the Standard Urban Stormwater Mitigation Plan (SUSMP) Ordinance (Poway Municipal Code Chapter 16.100) and BMPs, and Stormwater would be treated in accordance with City requirements. Outdoor equipment would be sealed or enclosed and would not affect stormwater quality.
Solid and Nonhazardous Waste
The project would produce a small amount of waste associated with maintenance activities, which could include broken and rusted metal, defective or malfunctioning electrical materials, empty containers, and other miscellaneous solid waste, including the typical refuse generated by workers. Most of these materials would be 12655
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10 August 20, 2024, Item #5
8 of 27
NIGHTHAWK
ENERGY
STORAGE
PROJECT/
ADDENDUM
TO
SOUTH
POWAY
PLANNED
COMMUNITY
DEVELOPMENT
PLAN
POWAY
ENVIRONMENTAL
IMPACT
REPORT
to
occur
due
to
the
loss
of
Diegan
coastal
sage
scrub
and
grassland
habitats
and
direct
impacts
to
raptors
were
found
to occur
if
occupied
nests
were
found
in
areas
proposed
for
construction.
Mitigation
for
these
impacts
was
required.
In
addition,
impacts
were
found
to
occur
to
an
individual
coastal
California
gnatcatcher
outside
of
the
MHPA
on
Sycamore
Estates.
Impacts
to
the
coastal
California
gnatcatcher
were
considered
potentially
significant
and
mitigation
was
required.
To
mitigate
impacts
to
sensitive
species,
the
Sycamore
Estates
MMRP
included
Mitigation
Measures
2-1,
2-2,
2-3,
2-5, 2-6, 2-8, 2-9,
2-10,
2-11, 2-12, 2-13,
2-14, 2-15,
and
2-16
including
on-site
preservation
of
vegetation
communities,
installation
of
construction
and
silt
fences,
raptor
nest
surveys,
irrigation
restrictions,
lighting
design
plans,
fencing
plans,
and
landscaping
plans
With
implementation
of
these
mitigation
measures
impacts
were
reduced
to
below
significance.
Impacts
of
the
Gen-Tie
Line
Components
Located
in
the
City
of
San
Diego
The
following
studies
has
been
prepared
for
the
project
by
Dudek
in
:ltffieAugust
2024:
■
Nighthawk
Energy
Storage
Project,
San
Diego,
California
-
Biological
Resources
Technical
Report
(San
Diego
Biological
Resources
Technical
Report)
The
San
Diego
Biological
Resources
Technical
Report
analyzed
the
gen-tie
line
component
of
the
proposed
project
within
the
city
of
San
Diego.
The
San
Diego
Biological
Resources
Technical
Report
is
attached
to
this
Addendum
as
Appendix
D
and
is
incorporated
into
the
discussion
below
and
was
completed
in
compliance
with
the
City
of
San
Diego
Land
Development
Code
Biology
Guidelines,
the
Final
MSCP
Subarea
Plan
and
Environmentally
Sensitive
Lands
regulations.
Direct
Im
pacts
Vegetation
Communities
and
Land
Cover
Types
According
to
Appendix
D,
the
implementation
of
the
project
would
result
in
permanent
direct
impact
to
native
vegetation
communities
on
the
project
site.
Construction
of
the
proposed
project
would
implement
open
cut
trenching
between
Stonebridge
Parkway
and
the
SDG&E
substation,
with
subsequent
habitat
restoration
to
return
the
area
to
preconstruction
conditions.
_-lmplementation
of
the
proposed
project
would
result
in
direct
permanent
impacts
totaling
0.94 acres
to
disturbed
and
developed
areas
. which
will
not
be
mitigated,
and
direct
permanent
impacts
to
sensiti>,e
',1egetation
totaling
O.QQ96
acres
to
vegetatioo
communities
considered
sensitive
under
the
City
of
San
Diego
(see
Table
7. Impacts
to
Vegetation
Communities
and
Land
Cover
Types.
and
Figure
4. Impacts
to
Biological
Resources
in
Appendix
D)
.•
Vegetation
communities
considered
sensitive
under
the
City
of
San
Diego
are
those
listed
as
Tier
I through
Tier
Ill
(rare
to
common
uplands,
respectively)
and
wetlands.
including
0.57 acres
of
coastal
sage
scrub
inside
the
MHPA,
0.02 acre
of
coastal
sage
scrub
outside
the
MHPA,
0.33 acres
of
coastal
sage
scrub
Baccharis
dominated
vegetation
outside
the
MHPA,
and
0.04 3€f6
of
southern
mixed
chaparral
outside
the
MHPA
(see
Table
7 and
Figure
4,
Impacts
to
Biological
Resources
in
Appendix
D).
Vegetation
communities
considered
sensiti•,e
under
the
City
of
San
Diego
are
those
listed
as
Tier
I through
Tier
Ill
(rare
to
common
uplands,
respectively)
and
wetlands
(City
of
San
Diego
2018a).
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2024
88 August 20, 2024, Item #5
9 of 27
NIGHTHAWK ENERGY STORAGE PROJECT/ ADDENDUM TO SOUTH POWAY PLANNED COMMUNITY DEVELOPMENT PLAN POWAY Ef\lVIRONMENTAL IMPACT REPORT
~l-1/;" ~-efflfflt~l-1~ tflO g@1-1~oo~~~WOO.ffi=OO-=@a-~€,€l=¥l€i=t@cf~icf,=j;,laW=i-flc ~€1=~@k#t00-4-l-1--a-Gt@~or an Cbe~o~e€m€~ter-~00i&=oo
l'l0=00€;---€}Rt~@&iooi:rof-rtta-tooa-~oo 4l14fl a ots t€F¥Of;~=WfflffHe1,1-1,~t,i,os or I a,94 eo '.'Of=ty'p es w@uW f€l&e1,lts=AG€Uti,€).n,a~00o-~io=€oo~o1-1~~00=f-~O~¼V-a-l#t~ ff€lffi=0-Xieti *p@c~~y,.a#€1,~~~tl¥@acOOO-s
Per City of San Diego guidelines, total impacts to sensitive upland vegetation communities greater than
0.1 acres and total impacts to wetlands greater than 0.01 acres are considered biologically significant.
There arewill be permanent impacts to sensitive vegetation communities, including 0.09~ acres of coastal sage scrub inside the MHPA, which is less than the threshold of significance but will be considered significant to the City of San Diego and wildlife agencies due to the sensitivity of the vegetation. 0.02 acre of coastal sage scrub outside the MHPA, 0.33 acres of coastal sage scub Baccharis docminated vegetation outside the MHPA, and 0.04 acre of southern mixed chaparral outside the MHPA, In order to comply with the City of San Diego and meetm-g the threshold of significance per City of San Diego Guidelines.
Mmitigation would be required (see mitigation for direct and indirect impacts section below). _[)_u~ir:i~ecommissioning,~JllE!~en-tie line components that would be c::.aPW?9 and left in place in pE;rr;:L~tuit)!_ v\lQIJLQ.bE;jgJ:1.e.1,egj,rJ):l=SJeE;I concLu_cto_r__an_d..~QCi3Sed in concrete; therefore, there would be no deco.mposiJion of 1nateriaJs and no jn_:i p;::i_i:::t2 to_v1:;_g_§Jatiqn con1rn unities or land .Gover types wo1JJd [E;SJJ.LLf\dditigr:ia 11¥,, the gen~tie cg1:,ipqnE;rJt?Jbat vyould l:)e re_1JJQVE;QJ!0~1'.l e;_<J_2_@gy9vlt"_"YOLJl<::Lqep_LJUE;d from existing points of e11tryc1ndwQuld require rio new g[ound distwrb.aoce, Special-Status Plants
Focused rare plant surveys were conducted in 2022 to determine the presence/absence of special-status species determined to have potential to occur on site. After surveys were conducted four sensitive species were observed within the Biological Resources Study Area. Species potential, presence, and absence are discussed in detail in Appendix C of Appendix D. Of those, two species were found to be within the impact footprint: San Diego goldenstar (78 individuals), and small-flower microseris (17 individuals).
Small-flower microseris is a CRPR 4.2 and is not a Covered Species under the MSCP. Plants with a CRPR 4 plant taxa are of limited distribution or infrequent throughout a broader area in California, so that their vulnerability or susceptibility to threat appears low at this time, from a statewide perspective. However, these taxa warrant regular monitoring for evidence of decline and subsequent transfer to a more sensitive rank. Impacts to CRPR 4 plants do not generally meet the meet CEQA standards and thresholds for impact considerations. Therefore, Appendix D found impacts to small-flower microseris would not be considered significant.
San Diego goldenstar is a CRPR 1B.1 and a Covered Species under the MSCP. In accordance with the MSCP, the project shall minimize impacts to San Diego goldenstar by flagging and avoiding the individuals where possible and translocating San Diego goldenstar according to the 5-year restoration plan where San Diego goldenstar is impacted. Appendix D found that direct impacts to this species would be considered significant and mitigation would be required (see mitigation measures for direct and indirect impacts section below).
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89 August 20, 2024, Item #5
10 of 27
NIGHTHAWK
ENERGY
STORAGE
PROJECT/
ADDENDUM
TO
SOUTH
POWAY
PLANNED
COMMUNITY
DEVELOPMENT
PLAN
POWAY
ENVIRONMENTAL
IMPACT
REPORT
Jurisdictional
Resources
Appendix
D
included
a
jurisdictional
delineation
conducted
on
site
for
the
proposed
project.
The
jurisdictional
delineation
mapped
ephemeral
channels,
wetlands
and
non-wetland
waters
that
are
regulated
by
the
U.S.
Army
Corps
of
Engineers,
CDFW,
RWQCB,
and
the
City
of
San
Diego.
Specifically,
a
non-wetland
water
and
mapped
wetland
occur
along
a
portion
of
the
proposed
gen-tie
line
route
south
of
Stoneridge
Parkway
(Figure
5,
Impacts
to
Biological
Resources
in
Appendix
D).
While
these
jurisdictional
water
resources
or
City
of
San
Diego
wetlands
occur
within
the
impact
area,
avoidance
of
jurisdictional
areas
on
site
will
be
achieved
via
jack
and
bore
beneath
the
ephemeral
channels
and
wetlands.
Therefore,
Appendix
D
found
that
no
direct
impacts
will
occur
to
jurisdictional
resources
or
City
of
San
Diego
wetlands
as
a
result
of
implementing
the
proposed
project.
Special-Status
Wildlife
A
portion
of
the
proposed
project
site
is
located
within
and
adjacent
to
the
MHPA
. As
such,
the
proposed
project
is
required
to
conform
to
the
City's
MHPA
Adjacency
Guidelines
(Section
1.4.3 of
the
City
MSCP
Subarea
Plan)
and
to
provide
compatible
land
use
or
planning
policy/design
guidelines
conformance
(Sections
1.4.1 and
1.4.2 of
the
City
MSCP
Subarea
Plan)
(City
of
San
Diego
1997).
Coastal
California
gnatcatcher
was
observed
during
focused
surveys
within
the
vegetation
mapping
study
area
buffer
(500
foot).
Appendix
D
found
there
are
permanent
direct
impacts
to
occupied
Diegan
coastal
sage
scrub
that
would
occur
within
the
gen-tie
line.
Impacts
to
potential
habitat
are
not
expected
to
significantly
impact
habitat
of
Southern
California
rufous-crowned
sparrow
or
Cooper's
hawk
because
the
impacts
are
small.
Appendix
D
also
found
that
direct
take
would
not
occur
because
the
bird
breeding
season
would
be
avoided.
If
the
bird
breeding
season
cannot
be
avoided,
a
biological/noise
monitor
will
be
present
to
minimize
impacts.
Because
Southern
California
rufous-crowned
sparrow
and
Cooper's
hawk
are
covered
under
the
MSCP,
Appendix
·D
anticipated
that
these
species
are
adequately
conserved
regionally
through
the
conservation
of
similar
appropriate
habitats
within
the
MHPA.
Appendix
D
found
that
no
direct
impacts
to
active
nests
or
the
young
of
nesting
coastal
California
gnatcatcher,
Southern
California
rufous-crowned
sparrow,
or
Cooper's
hawk
would
occur
from
construction
of
the
proposed
project.
Finally,
the
proposed
project
would
implement
standard
nesting
bird
avoidance
measures
in
compliance
with
the
Migratory
Bird
Treaty
Act.
Appendix
D
found
that
there
are
large
mature
riparian
woodland
trees
on
a
portion
of
the
project
site
(within
the
biological
resources
study
area
(50 feet)
where
the
wetland
occurs
and
within
the
Vegetation
mapping
study
area
(500-foot
buffer)
that
provide
suitable
nesting
habitat
for
raptor
species
such
as
the
Cooper's
hawk.
The
City's
Biology
Guidelines
provide
necessary
widths
for
active
nest
buffers
and
breeding
season
dates
for
Covered
Species,
including
raptors
(City
of
San
Diego
2018a).
Any
development
inside
the
MHPA
must
provide
avoidance
of
300
feet
from
any
nesting
site
of
Cooper's
hawk
(City
of
San
Diego
2018).
Thus,
Appendix
D
found
direct
impacts
to
nesting
raptors
would
be
potentially
significant
and
mitigation
would
be
required.
12655 n:/l:¥AUGUST
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NIGHTHAWK
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RAGE
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JECT/
ADDENDUM
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UTH
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AY P
LANNED
COMMUNITY
DEVELOPMENT
PL
A
N
POWAY
ENV
IRON
ME
NTAL
IMPACT
REPORT
Ind
irect
Imp
act
s
The
project
would
incorporate
methods
to
control
runoff,
including
site
design,
source
control,
and
treatment
control
BMPs.
The
project
would
be
required
to
meet
National
Pollutant
Discharge
Elimination
System
(NPDES)
regulations
and
incorporate
BMPs
during
construction
and
permanent
BMPs
as
defined
by
the
City
of
San
Diego's
Storm
Water
Standards
Manual
as
part
of
the
project
development.
Prior
to
proposed
construction
mobilization,
the
project
contractor
would
prepare
a
Stormwater
Pollution
Prevention
Plan
(SWPPP),
in
accordance
with
the
state's
General
Construction
Stormwater
Permit
-99-08-
DWQ
and
implement
the
plan
during
construction.
In
addition,
the
proposed
project
would
provide
buffers
surrounding
all
City
wetlands
where
directional
drilling
will
occur.
All
areas
of
impacts
(trenching
and
vault
construction)
would
follow
9...
restoration
plan
approved
by
the
City
of
San
Diego
and
the wildlife
agencies.
requirements
set
forth
in
the
San
Diego
Landscape
Regulations
and
restoration
requirements
set
forth
in
the
City
of
San
Diego
Biological
Resources
Guidelines.
The
project
will
comply
with
City
of
San
Diego
storm
water
standards
by
imp
lementing
appropriate
BMPs
(e.g
.. straw
wattles.
silt
fencing,
oil
pans)
to
avoid
potential
indirect
impacts.
Therefore,
Appendix
D
found
the
proposed
project
would
not
have
any
long-term
indirect
impacts
on
sensitive
uplands,
jurisdictional
resources
or
special-status
plant
or
wildlife
species.
Veg
etation
Communities
and
Land
Cover
s
Indirect
impacts
to
vegetation
communities,
such
as
Diegan
coastal
sage
scrub,
primarily
result
from
adverse
edge
effects.
During
vegetation
removal
and
grading
activities
, short-term
edge
effects
could
include
dust,
soil
erosion
, and
runoff
from
dust
control
that
could
disrupt
plant
vitality
in
non-impacted
areas
.
However,
all
grading
activities
would
be
subject
to
the
proposed
project's
BMPs
and
typical
restrictions
and
requirements
that
address
dust control,
erosion,
and
runoff
consistent
with
standard
City
SWPPP
requirements
of
the
City
Storm
Water
Standards
Manual
(City
of
San
Diego
2018b).
This
includes
proper
storm
drain
design
and
water
quality
BMPs
to
prevent
erosion
and
pollution
of
water
runoff.
In
addition,
the
project
would
be
required
to
adhere
to
all
standard
construction
protection
measures
described
within
the
mitigation,
which
includes
having
a
qualified
biologist
present
to
supervise
flagging
of
sensitive
resources
prior
to
construction
, and
to
provide
environmental
training
and
during
construction
to
ensure
no
unauthorized
impacts
occur.
Therefore,
Appendix
D
found
short-term
indirect
impacts
to
vegetation
communities
would
not
be
anticipated
as
a
result
of
the
project.
Overall,
Appendix
D
found
that
long-term
indirect
impacts
to
sensitive
vegetation
communities
will
be
less
than
significant.
6 restoration
plan
would
be
approved
by
the
City
of
San
Diego
and
the
wildlife
agencies
and
would
be
implemented
to
meet
success
standards.
Jur
is
di
ction
al
Resou
rc
es
Indirect
impacts
during
construction
typically
consist
of
short-term
edge
effects
related
to
dust,
soil
erosion,
and
runoff
from
dust
control.
During
construction,
BMPs
consistent
with
standard
City
SWPPP
requirements
of
the
City
Storm
Water
Standards
Manual
(City
of
San
Diego
2018b)
would
be
implemented
. Therefore,
Appendix
D
found
that
no
indirect
impacts
to
jurisdictional
resources
are
expected
in
the
short
or
long
term.
Specia
l-Stat
us
Plant
Sp
ecies
Indirect
impacts
to
special-status
plants
result
primarily
from
adverse
edge
effects
as
previously
described.
During
construction
activities,
edge
effects
may
include
dust,
which
could
disrupt
plant
vitality
in
the
short-
12655 :rtft:¥AUGUST
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NIGHTHAWK
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GY
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ENDUM
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POWAY
ENVIRONMENTA
L
IMPAC
T
REPORT
term
or construction-related
soil
erosion
and
water
runoff.
Standard
construction
BMPs
and
construction
related
minimization
measures
to
control
dust,
erosion,
and
runoff
consistent
with
standard
City
SWPPP
requirements
of
the
City
Storm
Water
Standards
Manual
(City
of
San
Diego
2018b)
will
minimize
these
effects.
A
qualified
biological
monitor
will
be
onsite
during
all
days
of
construction
in
order
to
prevent
any
edge
effects
to
sensitive
plant
species.
The
qualified
biological
monitor
will
flag
special
status
plant
species
boundaries
for
avoidance
providing
a
buffer
area
to
limit
any
dust,
erosion,
runoff,
or
other
edge
effects.
Thus,
Appendix
D
found
short-term
and
long-term
indirect
impacts
to
special-status
plants
are
not
anticipated
as
a
result
of
the
project.
Special
-Status
W
ildlife
Species
Appendix
D
found
that
wildlife
may
be
indirectly
affected
in
the
short-term
by
construction-related
noise,
which
can
disrupt
normal
activities
and
subject
wildlife
to
higher
predation
risks.
Adverse
edge
effects
can
cause
degradation
of
habitat
quality
through
the
invasion
of
pest
species.
Breeding
birds
can
be
significantly affected
by
short-term
construction-related
noise,
which
can
result
in
the
disruption
of
foraging,
nesting,
and
reproductive activities.
Most
of
the
indirect
impacts
to
vegetation
communities
and
sensitive
plants
previously
described
can
also
affect
special-status
wildlife.
Wildlife
may
also
be
indirectly
affected
in
the
short
term
and
long
term
by
construction-related
noise,
which
can
disrupt
normal
activities
, cause
lasting
stress,
and
subject
wildlife
to
higher
predation
risks.
The
following
sensitive
wildlife
species
were
observed
on
site:
Southern
California
rufous-crowned
sparrow
and
coastal
California
gnatcatcher
(Polioptila
californica
californica).
Cooper
's
hawk
has
high
potential
to
occur
within
the
vegetation
mapping
study
area
buffer
(500
feet)
outside
the
permanent
impact
area.
Indirect
impacts
from
construction-related
noise
may
occur
to
breeding
wildlife
if
construction
occurs
during
the
breeding
season
(i.e.,
February
1 through
September
15).
Special-status
species
whose
breeding/nesting
could
be
significantly
impacted
by
noise
include
Cooper
's
hawk,
Southern
California
rufous-crowned
sparrow
and
coastal
California
gnatcatchers
.
The
proposed
project
implementation
has
the
potential
to
directly
or
indirectly
impact
coastal
California
gnatcatcher,
Southern
California
rufous-crowned
sparrow,
and
Cooper's
hawk
if
they
are
nesting
near
the
project
impacts.
Appendix
D
found
that
Based
on
t1he
provisions
of
the
MSCP
Implementing
Agreement
between
the
WY:{
ildlife
QA
gencies
and
the
City
of
San
Diego
, Appendix
D
found
that
would
off
-set
potential
impacts
to
coastal
California
gnatcatchers
no
additional
protection
is
required
to
offset
potential
indirect
impacts
to
the coastal
California
gnatcatchers
located
within
the
vegetation
mapping
study
area
buffer
(500-
foot).
Because
Southern
California
rufous-crowned
sparrow
and
Cooper's
hawk
are
covered
under
the
MSCP,
Appendix
D
found
that
it
is
anticipated
that
these
species
are
adequately
conserved
regionally
through
the
conservation
of
similar
appropriate
habitats
within
the
MHPA.
Thus,
according
to
Appendix
D,
no
indirect
impacts
to
active
nests
or
the
young
of
nesting
coastal
California
gnatcatcher,
Southern
California
rufous
crowned
sparrow,
or
Cooper's
hawk
will
occur
from
construction
of
the
proposed
project.
The
project
will
avoid
the
bird
breeding
season.
provide
biological
monitors
during
construction.
provide
pre-construction
surveys.
_provide
nesting
bird
surveys.
provide
noise
monitor
ing
if nesting
birds
are
found.
and
provide
appropriate
nesting
buffers
if
nests
are
found.
Dudek
conducted
three
evenly
spaced
protocol
level
surveys
for
Crotch
bumble
bee
(Bombus
crotchii)
spaced
throughout
the
sampling
season
(early
spring
to
late
summer
, as
determined
by
host
plant
phenology)
(see
Appendix
C
of
this
Addendum,
2024
Focused
Crotch
Bumble
Bee
Survey
Report).
Visual
12655 :Aft:'fAUGUST
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NIGHTHAWK
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ITY
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ENT
PLAN
POWAY
ENVIRONMENTAL
IMPACT
REPOR
T
surveys
were
conducted
from
May
6,
2024,
to
June
3,
2024.
The
surveys
were
conducted
by
qualified
biologists
with
expertise
in
surveying
for
Crotch
bumble
bees.
Surveys
occurred
at
least
2 hours
after
sunrise
and
3 hours
before
sunset
and
were
not
conducted
during
wet
conditions
(e.g.,
foggy,
raining,
or
drizzling)
or
windy
conditions
(i.e.,
sustained
winds
greater
than
8 mph).
The
surveys
were
conducted
during
optimal
conditions
when
there
was
sunny
to
partly
sunny
skies
that
were
greater
than
60 ° Fahrenheit.
Suitable
floral
resource
habitat
was
identified
and
mapped
within
the
project
area
. For
each
survey
pass,
each
patch
of
suitable
habitat
was
visually
surveyed
for
1 person-hour
per
three
acres
of
the
highest
quality
habitat.
No
crotch
bumble
bee
activity
was
detected
during
the
visual
2024
surveys.
A
total
of
two
bumble
bee
species
were
observed
during
the
focused surveys
(the
yellow-faced
bumble
bee
and
the
yellow
bumble
bee)
and
a
total
of
seven
bumble
bees
were
observed,
recorded,
and
documented
with
photographic
evidence
in
the
2024
surveys
(see
Appendix
C).
Crotch's
bumble
bee
was
not
observed
onsite.
However,
there
is
flowering
habitat
and
nectar
resources
found
on
a
portion
of
the
project
site
(within
the
biological
resources
study
area).
This
area
was
determined
to
be
potentially
suitable
habitat
for
Crotch
bumble
bee;
therefore,
the
entire
site
was
surveyed
within
the
City
of
Poway
and
the
City
of
San
Diego.
The
City
of
San
Diego
requires
a
specific
condition
of
approval
as
an
avoidance
measure
to
protect
and
minimize
potential
impacts
to
foraging
Crotch's
bumble
bees
during
construction
due
to
the
presence
of
nectar
resources.
Cumulative
Impacts
The
MSCP
is
a
long-term
regional
conservation
plan
established
to
protect
sensitive
species
and
habitats
in
San
Diego
County.
The
MSCP
is
divided
into
subarea
plans
that
are
implemented
separately
from
one
another.
The
project
area
is
located
within
the
MSCP
biological
core
linkage
area
and
both
adjacent
to
and
within
the
MSCP.
The
MSCP
planning
effort
is
designed
to
address
cumulative
impacts
through
development
of
a
regional
plan
that
addresses
impacts
to
Covered
Species
and
habitats
in
a
manner
that
assures
their
conservation
despite
impacts
of
cumulative
projects
over
the
long
term.
The
ultimate
goal
of
this
plan
is
the
establishment
of
biological
reserve
areas
in
conformance with
the
State
of
California
Natural
Communities
Conservation
Planning
Act.
Cumulative
impacts
to
sensitive
vegetation
communities
or
special-status
species
from
implementation
of
the
project
are
not
expected
since
all
activities
of
the
project
will
be
consistent
with
MSCP
requirements.
Therefore,
Appendix
D
found
that
cumulative
impacts
to
biological
resources
would
be
less
than
significant.
M
itigation,
Minimi
zation
, and
Avoidan
ce
M
eas
ures
for
Direct
Impact
s
Table
8 summarizes
the
project
impacts
to
vegetation
communities
and
the
required
mitigation
per
the
City
of
San
Diego's
Biology
Guidelines
(City
of
San
Diego
2018a).
Mitigation
numbers
are
provided
in
Table
8. Impacts
to
non-native
grassland
and
scrub
oak
chaparral
will
be
avoided
with
horizontal
directional
drilling
to
avoid
wetlands
and
waters.
Total
impacts
to
less
than
0.01 acres
of
City
of
San
Diego
wetlands
(southern
riparian
woodland)
are
considered
less
than
significant
per
City
guidelines.
The
City
does
not
distinguish
between
permanent
and
temporary
impacts
for
mitigation
purposes.
For
all
other
impacts
to
sensitive
uplands,
mitigation
is
proposed
at
ratios
provided
in
Table
3 in
Section
Ill
of
the
Biology
Guidelines.
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UTH
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POWAY
ENVIRONMEN
TA
L I
MPAC
T
REPORT
Table
8. Mitigation
Requirements
for
Permanent
Impacts
to
Vegetation
Communities
Study
Permanent
Vegetation
Subarea
Area
Impacts
Community
Plan
Tier
(acres) (acres)
!
..
. .
!
-
. -.
.
aeres
outside Ml=4PA
Baccharis Eloffiinated Qiegan
+ief-l-1.
~
G--02
Coastal
outside
the
Sage
Ml=4PA
&€rub Diegan
Tier
II
20.22 ~0.09
Coastal
aeres
aae--
inside
Sage
MHPA
Scrub
Mitigation
Mitigation Ratio
Mitigation
Provided
within
Ratio
outside
Previously
Provided
the
Mitigated
within
the
MHPA
a
Areab
MHPA
a
'
.
~ 2:1
4:1
1:1
Mitigation Ratio Provided within Previously Mitigated Area b '
.
NfA 2:1
Restoration Mitigation (acres)
c
!
!
.
outside MHPA
or
0.33 inside
MHPA Q.,00 outside MHPA
or
0.02 inside
MHPA ~0.36 outside MHP.A.
or
4:.-140.18 inside MHPA
Southern Mi-)(ea
TierlllA
±GA±
~
~
-±8:
G,-00 outsiEle MHPA
or
0.04 inside
MHPA
Chaparml
outside Ml=4PA
Notes:
MHPA
=
Multi-Habitat
Planning
Area
Mitigation
ratios
are
from
Table
3 of
the
City
Biology
Guidelines
.
The
mitigation
ratio
is
doubled
for
impacts
to
the
Sycamore
Estates
mitigation
site
that
is
mapped
MHPA
and
placed
in
a
recorded
conservation
easement.
Based
on
preferred
mitigation
, impacts
outside
and
inside
the
MHPA
will
be
provided
within
the
MHPA
at
a
1:1
and
2:1
ratio
as
shown
in
bold
, respectively.
Should
mitigation
be
provided
outside
the
MHPA
the
higher
ratio
would
be
required.
See
Appendix
E
of
this
Addendum,
e-yeaf-
Biological
Restoration
Plan
for
the
Nighthawk
Energy
Storage
Project
(City
of
San
Diego).
In
accordance
with
the
Biology
Guidelines
(City
of
San
Diego
2018a),
the
following
mitigation
measures
and
standard
conditions
will
reduce
significant
effects
to
vegetation
communities
and
sensitive
species
identified
in
this
report
to
a
less-than-significant
level:
SD-BIO-1
12655 ::t\:H::¥AUGUST
2024
Habitat
Restoration
Comply
with
Cit
y
of
San
Diego
Biological
Guidelines
and
Mitigation
for
Permanent
Impacts.
Details
provided
in
the
restoration
plan.
The
owner/permittee
shall
mitigate
upland
impacts
in
accordance
with
the
City
of
San
Diego
Biology
Guidelines
. The
proposed
project
will
result
in
permanent
impacts
(including
on
site)
to
GaW0.09
acres
of
coastal
sage
scrub
_ and
southern
ffiixed
chaparral
coffiffiunities
in
the
City
of
San
Diego
jurisdiction.
The
project
applicant
shall
provide
for
restoration
of
#:leseth
is
vegetation
communit
yteS
based
on
Table
8 of
the
Biological
Technical
Report:
Diegan
coastal
sage
scrub
within
the
MHPA.
0.18 acres.
(outside
the
MHPA
0.02 acre,
94 August 20, 2024, Item #5
15 of 27
NIGHTHAWK
ENERGY
STORAGE
PROJECT/
ADDENDUM
TO
SOUTH
POWAY
PLANNED
COMMUNITY
DEVELOPM
ENT
PLAN
POWAY
ENV
IRO
I\IMENTAL
IMPAC
T
REPORT
SD-BIO-2 SD
-BIO-3
12655 :ft:H::'f
A
UGUS
T
2024
ins
ide
the
M
f=lPA
0.57 acre)
, Diegan
co
asta
l sage
scrub
Baccharis
dom
inated
(outside
the
MHPA
0.33 acre),
and
southern
mixed
chaparra
l (outside
the
MHPA
0.04 acre).
Habitat
restoration
and
erosion
control
treatments
shall
be
installed
within
disturbance
areas
and
native
habitat,
in
accordance
with
the
2023
City
of
San
Diego
Biological
Guidelines
and
the
City
of
San
Diego
Landscape
Guidelines
(C
ity
of
San
Diego
2023)
.
Erosion
control
features
shall
include
silt
fence
and
straw
fiber
rolls,
where
appropriate.
Avoidance
and
Mitigation
of
Special-Status
Plants.
A
biological
monitor
will
be
provided
during
construction
to
avoid
any
impacts.
There
are
78 San
Diego
goldenstar
plants
within
the
impact
area.
Populations
of
San
Diego
goldenstar
will
be
flagged
and
avoided
where
possible.
San
Diego
goldenstar
shall
be
translocated
in
accordance
with
the
5-year
Restoration
Plan.
Nesting
Bird
Survey
and
Raptor
Nesting
Survey.
To
avoid
any
direct
impacts
to
nesting
birds
such
as
Coastal
California
gnatcatcher,
sS_
outhern
California
rufous
crowned
sparrow,
least
a~
ell's
vireo
and
Cooper's
hawk
construction
activities
shall
occur
outside
the
breeding
season
(February
1 to
September
15).
Vegeta
tion
clea
ring
and
con
structio
n
activities
to
the
maximum
extent
possible.
shall
occur
outside
the
breeding
season
(Fe
bruary
1 to
September
15).
If
construction
activ
ity
oth
er than
vegetation
clearin
g
is
nec
es
sarv
during
the
gen
eral
bird
br
ee
ding
sea
son,
a
qu
alified
biolog
ist
If
co
nstru
ct
ion
activi
ty
is
scheduled
durin
g t
he
general
bird
breeding
seas
on,
a
Qualified
Biol
ogist shall
conduct
a
preconstruction
survey
to
determine
the
presence
or
absence
of
nesting
birds
within
the
proposed
work
areas
and
buffer. The
preconstruction
survey
shall
be
conducted
within
72 hours
(3
calendar
days
+ prior
to
the
start
of
construction
activities.
The
applicant
shall
submit
the
results
of
the
preconstruction
survey
to
City
of
San
Diego
for
review
and
approval
prior
to
initiating
any
construction
activities.
If
nesting birds
are
detected,
a
letter
report
or
mitigation
plan
in
conformance
with
the
applicable
local,
state,
and
federal
law
(e.g.,
appropriate
follow-up
surveys,
monitoring
schedules,
construction
and
noise
barriers/buffers)
shall
be
prepared
and
include
proposed
measures
to
be
implemented
to
ensure
that
take
of
birds
or
eggs
or
disturbance
of
breeding
activities
is
avoided.
As
required
by
the
City
of
San
Diego
area-specific
management
directive
for
Cooper's
hawk,
the
project
construction
activities
shall
maintain
a
300
foot
avoidance
area
of
any
active
nests
detected
during
the
nesting
bird
survey.
Buffer
distances
of
300
feet
from
any
active
coastal
Ca
lifornia
gnatcatcher
nest
and
500
feet
from
any
active
least Bell's
vireo
nest
are
recomme
nd
ed
as
appropr
iate
buffer
dista
nces
for
these
species.
If
construction
activities,
particularly
clearing/grubbing,
grading,
and
other
intens
ive
activities, stop
for
more
than
3 days,
an
additional
nesting
bird
and
raptor
survey
shall
be
conducted
within
the
proposed
impact
area.
The
report
or
mitigation
plan
shall
be
submitted
to
the
applicable
City
for
review
and
approval
and
implemented
to
the
satisfaction
of
the
City
of
San
Diego.
The
City
of
San
Diego
Resident
Engineer
and/or
the
Qualified
Biologist
shall
verify
and
approve
that
all
measures
identified
in
the
report
or
mitigation
plan
are
in
place
prior to
and/or
during
construction.
If
nesting
birds
are
not
detected
during
the
preconstruction
survey,
no
further
mitigation
is
required.
Implementation
of
preconstruction
surveys
for
nesting
birds,
and
any
required
follow-up
protection
measures,
will
reduce
the
potential
impact
levels
to
below
significant.
95 August 20, 2024, Item #5
16 of 27
NIGHTHAWK
ENERGY
STORAGE
PROJECT/
ADDENDUM
TO
SOUTH
POWAY
PLANNED
CO
MMUNITY
DEVELOPMENT
PLAN
POWAY
ENVIRONMENTAL
IMPACT
REPORT
Prior
to
the
issuance
of
a
grading
permit,
a qualified
biologist
shall
determine
the
presence
or
absence
of
occupied
raptor
nests
on
the
sub-project
site
and
vicinity,
with
written
results
submitted
to
the
City
of
San
Diego
Land
Development
Review
Department.
Grading
and
construction
which
creates
adverse
effects
to
active
raptor
nests
_, including
noise
levels
above
60 dB(/\),
shall
be
restricted
to
300
feet
from
any
Cooper's
hawk
(Accipiter
cooperi)
nesting
site;
900
feet
from
any
northern
harrier
(Circus
cyaneus)
nesting
site;
and
4,000
feet
from
any
golden
eagle
(Aquila
chrysaetos)
nesting
site.
This
restriction
shall
be
noted
on
all
grading
and
construction
plans.
If active
raptor
nests
are
located
within
the
distances
listed
above,
weekly
biological
monitoring
of
the
nests
shall
be
conducted
by
the
project
biologist
during
the
breeding
season
(February
1 through
August
15)
with
written
results
submitted
to
the
City
of
San
Diego
Land
Development
Review
Department.
No
grading
or
construction
activities
shall
be
permitted
within
those
restricted
areas
until
the
young
have
fledged.
Implementation
of
preconstruction
raptor
surveys
for
nesting
birds,
and
any
required
follow-up
protection
measures,
will
reduce
the
potential
impact
levels
to
below
significant.
Mitigation,
Minimization,
and
Avoidance
Measures
for
Indirect
Impacts
The
project
shall
be
required
to
adhere
to
all
standard
construction
protection
measures
listed
in
the
mitigation
and
monitoring
plan
and
Site
Development
Permit,
which
includes
having
a
qualified
biologist
present
to
supervise
flagging
of
sensitive
resources
prior
to
construction,
provide
environmental
training
and
during
construction
to
ensure
no
unauthorized
impacts
occur.
Therefore,
the
proposed
project
will
avoid
indirect
impacts
to
sensitive
upland
vegetation
communities,
jurisdictional
resources,
and
special
status
plant
species
with
implementation
of
the
following
measures.
SD-BIO-4
12655 -::/t:/t:¥AUGUST
2024
Indirect
Impact
Avoidance.
Prior
to
issuance
of
land
development
permits
by
the
City
of
San
Diego,
including
clearing,
grubbing,
grading,
and/or
construction
permits
that
impact
biological
resources,
the
following
measures
shall
be
included
on
grading
and
construction
plans,
or
in
grading
and
construction
permits:
1. Qualified
Biologist
-
The
owner/permittee
shall
provide
a
letter
to
the
City
of
San
Diego's
Mitigation
Monitoring
Coordination
(MMC)
Section
stating
that
a
project
biologist
("Qualified
Biologist")
as
defined
in
the
2018
City
of
San
Diego
Municipal
Code,
Land
Development
Code-Biology
Guidelines
has
been
retained
to
implement
the
project's
biological
monitoring
program.
The
letter
shall
include
the
names
and
contact
information
of
all
persons
involved
in
the
biological
monitoring
of
the
project.
2. Pre-Construction
Meeting
-
The
Qualified
Biologist
shall
attend
the
preconstruction
meeting,
discuss
the
project's
biological
monitoring
program,
and
arrange
to
perform
any
follow-up
mitigation
measures
and
reporting,
including
site-specific
monitoring,
restoration
and
additional
fauna/flora
surveys/salvage.
3. Documentation
--
The
Qualified
Biologist
shall
submit
all
required
documentation
to
MMC
verifying
that
any
special
mitigation
reports,
including
but
not
limited
to
maps,
plans,
surveys,
survey
timelines,
or
buffers,
are
completed
or
scheduled
per
the
California
Environmental
Quality
Act
(CEQA);
the
National
Environmental
Policy
Act;
the
federal
Endangered
Species
Act
and
the
California
Endangered
Species
Act;
and/or
other
federal.
state.
or
local
, state,
or
federal
requirements.
96 August 20, 2024, Item #5
17 of 27
NIGHTHAWK ENERGY STORAGE PROJECT/ ADDENDUM TO SOUTH POWAY PLANr\lED COMMUNITY
DEVELOPMENT PLAN POWAY ENVIRONMENTAL IMPACT REPORT
12655
::K:/t:¥AUGUST 2024
4. Biological Construction Mitigation/Monitoring Exhibit -The Qualified Biologist shall present a Biological Construction Mitigation/Monitoring Exhibit (BCME), which includes the biological documents above. In addition, the BCME shall include restoration plans, plant salvage/relocation requirements (e.g., burrowing owl exclusions), avian or other wildlife surveys/survey schedules (including general avian nesting surveys and U.S. Fish and Wildlife [USFWS] protocol surveys), timing of surveys, wetland buffers, avian construction avoidance areas/noise buffers/barriers, other impact avoidance areas, and any subsequent requirements determined by the Qualified Biologist and the City of San Diego (Assistant Deputy Director/MMC). The BCME shall include a site plan, a written and graphic depiction of the project's biological mitigation/monitoring program, and a schedule. The BCME shall be approved by MMC and referenced in the construction documents.
5. Construction Fencing -Prior to construction activities, the Qualified Biologist shall supervise the placement of orange construction fencing or equivalent along the limits of disturbance adjacent to sensitive biological habitats and verify compliance with any other project conditions as shown on the BCME. This phase shall include flagging plant specimens and delineating buffers to protect sensitive biological resources (e.g., habitats/flora and fauna, including nesting birds) during construction. Appropriate steps/care should be taken to minimize attraction of nest predators to the site.
6. On-Site Education --Prior to commencement of construction activities, the Qualified Biologist shall meet with the owner/permittee or designee and the construction crew and conduct an on-site educational session regarding the need to avoid impacts outside the approved construction area and to protect sensitive flora and fauna (e.g., explain the avian and wetland buffers and the flag system for removal of invasive species or retention of sensitive plants, and clarify acceptable access routes/methods and staging areas).
7. Biological Monitoring --During construction, a Qualified Biologist shall be present to assist in the avoidance of impacts to native vegetation, jurisdictional resources, special-status plants and wildlife, and nesting birds.
8. Covered Trenches -General biological monitoring shall include verifying that the contractor has covered all steep-walled trenches or excavations overnight or after shift.
If trenches or excavations cannot be covered, the monitor shall verify that the contractor has installed exclusionary fencing (e.g., silt fence) around the trenches or excavation areas or installed ramps to prevent entrapment of wildlife (e.g., reptiles and mammals). If animals are encountered within any trenches or excavated areas, they shall be removed by the Qualified Biological Monitor, if possible, or provided with a means of escape (e.g., a ramp or sloped surface) and allowed to disperse. In addition, the Qualified Biological Monitor shall provide training to construction personnel to increase awareness of the possible presence of wildlife beneath vehicles and equipment and to use best judgment to avoid killing or injuring wildlife. The Qualified Biological Monitor shall be available to assist with moving wildlife, if necessary.
9. Nighttime Construction --To reduce impacts to nocturnal species in those areas where they have a potential to occur, nighttime construction activity within undeveloped areas containing sensitive biological resources shall be minimized whenever feasible 97 August 20, 2024, Item #5
18 of 27
NIGHTHAWK
ENERGY
STORAGE
PROJECT
/ ADDENDUM
TO
SOUTH
POWAY
PLANNED
COMMUNITY
DEVELOPMENT
PLAN
POWAY
ENVIRONMENTAL
IMPAC
T
REPORT
SD-810-5
12655 :Aft:¥AUGUST
2024
and
shielded
lights
shall
be
utilized
when
necessary.
Construction
nighttime
lighting
will
be
subject
to
City
of
San
Diego's
Outdoor
Lighting
Regulations
per
San
Diego
Land
Development
Code
(LDC)
Section
142.07
40. 10.
BMP
s/Erosion/
Run
off
-
The
City
of
San
Diego
shall
incorporate
methods
to
control
runoff,
including
a
stormwater
pollution
prevention
plan
to
meet
National
Pollutant
Discharge
Elimination
System
regulations
or
a
batch
discharge
permit
from
the
City
of
San
Diego.
Implementation
of
stormwater
regulations
are
expected
to
substantially
control
adverse
edge
effects
(e.g.,
erosion,
sedimentation,
habitat
conversion)
during
and
following
construction
both
adjacent
and
downstream
from
the
study
area.
Typical
construction
BMPs
specifically
related
to
reducing
impacts
from
dust,
erosion,
and
runoff
generated
by
construction
activities
shall
be
implemented
. During
construction,
material
stockpiles
shall
be
placed
such
that
they
cause
minimal
interference
with
on
site
drainage
patterns.
This
will
protect
sensitive
vegetation
from
being
inundated
with
sediment-laden
runoff.
Dewatering
shall
be
conducted
in
accordance
with
standard
regulations
of
the
Regional
Water
Quality
Control
Board
(RWQCB).
A
National
Pollutant
Discharge
Elimination
System
permit
issued
by
RWQCB
to
discharge
water
from
dewatering
activities
shall
be
required
prior
to
start
of
dewatering.
This
will
minimize
erosion,
siltation,
and
pollution
within
sensitive
communities.
Design
of
drainage
facilities
shall
incorporate
long-term
control
of
pollutants
and
storm
water
flow
to
minimize
pollution
and
hydrologic
changes.
11. To
xics/P
roject
Stag
ing
Area
s/
Equipment
Storage
-
Projects
that
use
chemicals
or
generate
by-products
such
as
pesticides,
herbicides,
and
animal
waste,
and
other
substances
that
are
potentially
toxic
or
impactive
to
native
habitats/flora/fauna
(including
water)
shall
incorporate
measures
to
reduce
impacts
caused
by
the
application
and/or
drainage
of
such
materials
into
the
MHPA.
No
trash,
oil,
parking,
or
other
construction/development-related
materialjactivities
shall
be
allowed
outside
any
approved
construction
limits
.
Where
applicable,
this
requirement
shall
be
incorporated
into
leases
on
publicly
owned
property
when
applications
for
renewal
occur.
A
note
shall
be
provided
in/on
the
Construction
Drawings
that
states:
"All
construction-related
activity
that
may
have
potential
for
leakage
or
intrusion
shall
be
monitored
by
the
Qualified
Biologist/applicant's
representative
or
Resident
Engineer
to
ensure
there
is
no
impact
to
the
MHPA."
Land
Use
Adj
acen
cy
Guid
elines.
As
a
condition
of
the
permit,
land
use
adjacency
guidelines
will
be
fo
llowed.
Land
use
adjacency
guidelines
apply
to
the
Northern
and
Southern
Section
of
Gen-Tie
Line
within
the
Biological
Core
Area,
Biological
Linkage
Area
and
areas
adjacent
to
the
MHPA.
The
proposed
project
is
consistent
with
the
MSCP
because
the
proposed
project
will
place
three
permanent
structures
within
developed
land
cover
types
only
, and
the
proposed
project
will
not
negatively
impact
the
goals
and
objectives
of
the
City
of
San
Diego
Subarea
Plan
or
MSCP.
Thus,
the
proposed
project
is
consistent
with
MSCP/MHPA,
and
MSCP/MHPA
adjacency
gu
idelines.
98 August 20, 2024, Item #5
19 of 27
NIGHTHAWK ENERGY STORAGE PROJECT/ ADDENDUM TO SOUTH POWAY PLANNED COMMUNITY
DEVELOPMENT PLAN POWAY ENVIRONMENTAL IMPACT REPORT
12655
:JtH:¥AUGUST 2024
• Developed and paved areas should not drain directly into the Biological Core Area, Biological Linkage Area or MHPA. No drainage is expected for this project. If drainage is expected, developed and paved areas within the project will not drain directly into the CBLA or MHPA; rather, those areas will drain directly to the biofiltration basins if needed, which prevent the release of toxins, chemicals, petroleum products, and exotic plant materials before draining into the CBLA or MHPA. • Toxic chemicals will not be used during project implementation. No toxic chemicals are proposed to be used for project components, including the development. Gasoline pans will be placed under all construction equipment when not in use. • All lighting should be faced away from the Biological Core Area, Biological Linkage Area and MHPA. Nighttime work is not expected for this project. Daytime work is expected.
If nighttime work is expected, any nighttime lighting, including but not limited to security lighting, will be shielded and directed away from the CBLA and MHPA per the City's Outdoor Lighting Ordinance so there is no spill of light into the CBLA or MHPA. • Uses in or adjacent to the Biological Core Area, Biological Linkage Area and MHPA will be designed to minimize noise impacts. Work is to be avoided during the bird breeding season. If the bird breeding season cannot be avoided, a biologist will conduct nesting surveys prior to any construction work during the bird breeding season to determine any potential nest locations. A biological noise monitor will monitor with a piccolo monitor during the bird breeding season to ensure that noise does not exceed an average of 60 A-weighted decibels .(def~A). Gen-tie line construction SOOtl--leshall not exceed an average 60 defaA1 over each 1-hour period. The project will include standard nesting bird conditions in accordance with the MBTA. • New development adjacent to the Biological Core Area, Biological Linkage Area and MHPA will be required to provide barriers boundaries to direct public access to appropriate locations and reduce domestic animal predation. No public access is expected given that the project area is gated within all sections of the paved area. In addition, the southern section is also gated. The only areas for public access include Stonebridge parkway (paved road), which consists of paved walking trails. • No invasive non-native plant species shall be introduced into areas adjacent to the Biological Core Area, Biological Linkage Area or MHPA. No landscaping is expected within the northern portion of the project site. If landscaping becomes required in this portion, no non-native or invasive species will be included in landscaping on the project site. The southern area would not propose invasive plant species as part of the revegetation plan.
• New residential development located adjacent to and topographically above the Biological Core Area, Biological Linkage Area or MHPA (e.g., along canyon edges) must be set back from slope edges to incorporate Zone 1 brush management areas on the development pad and outside of the Biological Core Area, Biological Linkage Area or MHPA. Brush management is not proposed. Area specific management directives consist of "measures to reduce edge effects and minimize disturbance, fire protection measures to reduce the potential for habitat degradation due to unplanned fire, and management measures to maintain or improve habitat quality including vegetation structure". 99 August 20, 2024, Item #5
20 of 27
N
IGH
THAWK
ENERGY
STORAGE
PRO
JECT/
ADDENDUM
TO
SOUTH
POWAY
PLANNED
COMMUNI
TY
DEVE
LOPMEN
T
PLAN
POWAY
ENVIRONMEN
TAL
IMPACT
REPOR
T
SD-B
I0-6
12655 :Nt:¥AUGUS
T
2024
_■ _
Manufac
tured
slope
s
associated
with
site
development
shall
be
included
within
the
development
foo
tprint
for
projects
within
or
adjacen
t
to
the
Biological
Core
Area,
Biologica
l Linkage
Area
or
MHPA
. The
project
grading
WGtl-Wwill
be
entirely
within
an
existing
development
and
does
not
include
any
proposed
manufactured
slopes.
Southern
Section
of
Gen-Tie
Line
South
of
Stonebridge
Parkway
within
the
MHPA The
southern
section
south
of
Stonebridge
Parkway
is
within
the
MHPA.
The
proposed
project
is
consistent
with
the
MSCP
because
permanent
direct
impacts
associated
with
the
proposed
southern
section
of
the
gen
-tie
line
project
will
not
negatively
impact
the
goals
and
objectives
of
the
City
MSCP
through
on
-site
restoration.
minimization.
and
avoidance
measures.
Thus,
the
proposed
project
is
consistent
with
the
MSCP
within
the
southern
section
of
the
project
site.
The
proposed
project
will
apply
the
following
measures
consistent
with
the
MSCP
guidelines: ■
Wetland
and
waters
avoidance
through
horizontal
direct
ional
drilling
(including
both
wetlands
and
non
-wetland
waters).
■
Mitigation
of
permanent
direct
impacts
to
previously
restored
coastal
sage
scrub
habitat
with
restoration
after
permanent
impacts.
■
Avoidance
of
Impacts
to
San
Diego
Goldenstar:
(1)
avoiding
the
San
Diego
go
ldenstar
population
within
coastal
sage
scrub
as
feasible,
(2)
minimizing
impacts
to
San
Diego
goldenstar
where
possible
within
the
gen
-tie
line
route,
and
(3)
translocation
of
goldenstar
where
other
options
are
not
feasible.
Avoidance
M
easure
for
C
rotch
's
Bumble
Bee.
Should
this
species
no
longer
be
sensitive
as
defined
in
the
City
Biology
Guidelines:1
potent
ial
candidate
for
list
ing
at
the
time
of
the
preconstruction
meeting,
then
no
avoidance
measures
shall
be
required.
As
a
condition
of
approval,
the
following
measures
shall
be
implemented:
1. To
avoid
impacts
on
Crotch's
bumble
bee
(Bombus
crotchii}
, removal
of
habitat
in
the
proposed
area
of
disturbance
must
occur
outside
of
the
Colony
Act
ive
Period
between
April
1 through
August
31. lfthe
removal
of
habitat
in
the
proposed
area
of
disturbance
must
occur
during
the
Colony
Active
Period
, a
Qualified
Biologist
shall
conduct
a
pre
activity
(defined
as
any
habitat
disturbance)
survey
no
more
than
tl=lfeeJ
days
prior
to
the
initiation
of
construction
activities
to
determine
the
presence
or
absence
of
Crotch's
bumble
bee
within
the
proposed
area
of
disturbance.
2. A
Qualified
Biologist
must
demonstrate
the
following
qualifications:
Have
at
least
40 hours
of
experience
surveying
for
bee
or
other
co-occurring
aerial
invertebrate
species
(such
as
Quino
checkerspot
butterfly)
(Euphydryas
editha
qu
inol
and
have
completed
a
Crotch's
100
August 20, 2024, Item #5
21 of 27
NIGHTHAWK
ENERGY
STORAGE
PROJECT/
ADDENDUM
TO
SOUTH
POWAY
PLANNED
COMMUNITY
DEVELOPMENT
PLAN
POWAY
ENVIRONMENTAL
IMPACT
REPORT
bumble
bee
detection/identification
training
by
an
expert
Crotch's
bumble
bee
entomologist;
or
the
biologist
must
have
at
least
20 hours
of
experience
directly
observing
Crotch's
bumble
bee
.
3. The
pre-activity
survey
shall
consist
of
photographic
surveys
following
California
Department
of
Fish
and
Wildlife
(CDFW)
guidance
(i.e.,
Survey
Considerations
for
California
Endangered
Species
Act
[CESA]
Candidate
Bumble
Bee
Species,
dated
June
6,
2023).
The
surveys
shall
consist
of
passive
methods
unless
a
Memorandum
of
Understanding
is
obtained
.
If
additional
activities
(e.g.,
capture
or
handling)
are
deemed
necessary
to
identify
bumble
bees
of
an
unknown
species
that
may
be
Crotch's
bumble
bee,
then
the
Qualified
Biologist
shall
obtain
the
required
authorization
via
a
Memorandum
of
Understanding
or
Scientific
Collecting Permit
pursuant
to
the
2023
CDFW
Survey
Considerations
for
CESA
Candidate
Bumble
Bee
Species
(CDFW
2023)
.
Survey
methods
that
involve
lethal
take
of
species
are
not
acceptable
.
4. If
pre-activity
surveys
identify
Crotch's
bumble
bee
individuals
on-site,
the
Qualified
Biologist
shall
notify
and
consult
with
CDFW
to
establish,
monitor,
and
maintain
no
work
buffers
around
the
associated
floral
resources.
The
size
and
configuration
of
the
no-
work
buffer
shall
be
based
on
the
best
professional
judgment
of
the
Qualified
Biologist
in
consultation
with
CDFW.
Construction
activities
shall
not
occur
within
the
no-work
buffers
until
the
bees
appear
no
longer
active
(i.e.,
associated
floral
resources
appear
desiccated
and
no
bees
are
seen
flying
for
three
consecutive
days
indicating
dispersal
from
the
area).
Take
of
any
endangered
, threatened
, candidate
species
that
results
from
the
project
is
prohibited,
except
as
authorized
by
S~
tate
law
(California
Fish
and
Game
Code
sS.
ection
~
86,
2062, 2067,
2068,
2080,
2085;
California
Code
Regulations,
Title
14,
section
786.9)
under
CESA
.
5. Survey
data
shall
be
submitted
by
the
Qualified
Biologist
to
the
California
Natural
Diversity
Database
(C~JDDB)
in
accordance
with
the
Memorandum
of
Understanding
with
CDFW,
or
Scientific
Collecting
Permit
requirements,
as
applicable.
Improv
em
ent
s
within
th
e
SDG
&E
Cro
ss
ing
Easem
ents
The
proposed
gen-tie
line
would
cross
all
SDG&E
Crossing
Easements
as
shown
on
Figure
3. The
project
components
in
the
SDG&E
parcels
would
include
an
underground
gen-tie
within
streets
or
utility
rights-of
way,
and
would
require
trenching
activities,
placement
of
conduit,
and
surface
restoration
within
existing
utility
easements
that
cross
the
SDG&E
parcels.
Trenching
would
be
required
for
placement
of
underground
electrical
and
communication
lines.
Focused
rare
plant
surveys
were
conducted
in
2023
for
the
Poway
Biological
Technical
Report
(Appendix
B)
to
determine
the
presence
or
absence
of
special
status
species
determined
to
have
a
potential
to
occur
on
site.
The
surveys
found
two
California
Native
Plant
Society
CRPR
4 special-status
plants
: small-flower
microseris
and
Ashy
spike
moss
were
found
in
in
the
biological
resources
study
area;
however,
CRPR
4 plant
taxa
are
of
limited
distribution
or
infrequent
throughout
a
broader
area
in
California,
and
their
susceptibility
to
threat
appears
low
at
this
time,
from
a
statewide
perspective
(CNPS
2023).
Due
to
the
local
abundance
throughout
the
broader
Poway
area,
list
4 species
are
be
considered
less
than
significant
within
the
Poway
preserve.
12655 :Jtft:¥AUGUST
2024
101
August 20, 2024, Item #5
22 of 27
NIGHTHAWK
ENERGY
STORAGE
PROJECT/
ADDENDUM
TO
SOUTH
POWAY
PLANNED
COMMUNITY
DEVELOPMENT
PLAN
POWAY
ENVIRONMENTA
L I
MPACT
REPORT
Area
Specific
Management
Directives
Area
specific
management
directives
(ASMD)
were
developed
for
certain
MSCP
covered
species
as
a
condition
of
coverage
under
the
MSCP.
Appendix
D
reviewed
the
conditions
for
coverage
outlined
in
the
City's
MSCP
Subarea
Plan
in
conjunction
with
the
species
which
have
a
potential
to
occur
within
the
project
area,
and
found
that
all
ASMDs
for
those
species
will
be
adhered
to.
Table
9 describes
how
the
project
would
comply
with
the
ASMD
for
species
with
a
potential
to
occur
within
the
project
site.
Table
9. Area
Specific
Management
Directives
Compliance
MSCP
I
Covered
Area
Specific
Management
Species
Directives
(ASMD)
Project
Compliance
Cooper's
Hawk
ASMD
must
include
300-foot
The
proposed
project
would
not
result
in
impacts
to
impact
avoidance
areas
around
oak
woodlands
or
oak riparian
forest.
To
avoid
any
the
active
nests,
and
minimization
indirect
impacts
Cooper
's
hawk,
construction
within
of
disturbance
in
oak
woodlands
300-feet
of
active
nests
shall
occur outside of
the
and
oak
riparian
forests.
breeding
season
for
these
species
(February
1 to
September
15).
Southern
ASMD
must
include
maintenance
The
proposed
project
will
restore
all
temporarily
California
of
dynamic
processes,
such
as
impacted
vegetation
to
pre-project
conditions
and
will
rufous-crowned
fire,
to
perpetuate
some
open
only
result
in
a
short-term
loss
of
suitable
habitat
for
sparrow
phases
of
coastal
sage
scrub
with
this
species.
herbaceous
components.
Coastal
ASMD
must
include
measures
to
Although
the
project
could
result
in
indirect
impacts
to
California
reduce
edge
effects
and
minimize
Coastal
California
Gnatcatcher
located
inside
the
Gnatcatcher
disturbance
during
the
nesting
MHPA,
U1e
pmjeet
W0l::llEI
_aveiEI
Hie
BFeeEliAg
eiFEI
period,
fire
protection
measures
to
seaseA
aAEI
l~eep
Reise
levels
eelew
60 Ela.
H
he
reduce
the
potential
for
habitat
project
would
be
restored
following
construction
and
degradation
due
to
unplanned
fire,
edge
effects
are
not
anticipated.
The
project
wet¼Wwill
and
management
measures
to
not
result
in
a
change to
the
local
fire
regime.
The
maintain
or
improve
habitat
Qroject
will
comQly
by
avoiding
vegetation
clearing
in
quality
including
vegetation
the
MHPA
during
the
br
eeding
season
and
keei;2ing
structure.
No
cleaning
of
occupied
noise
from
any
construction
necessary
during
the
habitat
within
the
cities'
MHPAs
breading
season
below
60 dB(A).
Therefore,
no
and
within
the
County's
Biological
impacts
would
occur.
Resource
Core
Areas
may
occur
between
March
1 through
August
15. San
Diego
ASMD
must
include
measures
to
The
proposed
project
would
avoid
the
San
Diego
Goldenstar
avoid,
reduce
and
minimize goldenstar
population
within
coastal
sage
scrub
as
impacts
to
San
Diego
goldenstar
feasible,
minimizing
impacts
to
San
Diego
goldenstar
where
possible
outside
the
MHPA.
where
possible
within
the
gen-tie
line
route,
and
For
areas
outside
the
MHPA
being
translocate
San
Diego
goldenstar
in
accordance
with
impacted
a
5-year
restoration
and
the
5-year
restoration
and
monitoring
plan.
A
total
of
monitoring
plan
for
San
Diego
242
San
Diego
goldenstar
individuals
were
observed
Goldenstar
will
be
provided.
on
the
southern
hillside.
A
total
of
78 individuals
were
within
the
work
area.
Notes
: MHPA
-
Mult
iple
Habitat
Planning
Area:
dB(Al
-
A-weighted
decibel.
12655 clt:tt:¥AUGUST
2024
115
August 20, 2024, Item #5
From:
To:
Subject:
Date:
BETTY REXFORD
Caylin Frank; betty rexford; fry; [email protected]
Night Hawk project Bass.
Monday, August 19, 2024 8:38:38 AM
You don't often get email from [email protected]. Learn why thi, is imnortant L TF.RN,\ L FMA IL
Council Members Frank
I would appreciate if you could find some infon11ation for me about the nighthawk project.
Talked to assistant planner she couldn't answer my question was going to get back to me.
Haven't heard anything. I called no response.
I cannot find in the Night Hawk agenda, whether they are going to underground SDG&E power poles in the creek that leads to their project. So if you could find me the information about them, undergrounding the SDG&E power poles I would appreciate that.
Went to two meetings at Scripps and Poway with the nighthawk people. They said they were going to underground SDG&E poles. At a meeting a year ago Mayor Vaus said he doesn't approve any projects that are not going to underground the power-lines and take out poles.
On Scripps Ranch infonnation exchange (Bob lkko Conversation to me on Facebook (Betty Rexford The developers paying to underground the utility lines like you wanted when the project came up. it is far safer and better looking to underground the lines. apparently the property owner Granite did now want the utility lines buried on their property)?? Stonebridge is getting their lines underground.
Erick Matz for Granite land received a zoning change from City of Poway from mining to business park zoning and selling to Night hawk so why are the SDG&E lines not being underground when they are making lots of money ,, including the city of Poway gonna get lots of money for their discretion and the residence of City of Poway get a dangerous plant in hight fire area I find that unconscionable.
Several years ago a SDG&E pole in the creek line broke sparked a fire in creek fire went from Creek Road all the way down through Beeler canyon burn horse ranch that was the first tire. The second one did go through Creek, Beeler Canyon and burnt through Scripps Ranch and Gordon Ranch. Just a matter of time before the next line or Fire breaks out.
I do not believe this is the highest and best use for our business Park.
Thank you for taking the time to read this and please get back to me about the SDG& E undergrounding in the creek going up to their project. Can't find it in the Agenda report.
City assistant planner hasn't got back to me. Sincerely, Betty Rexford Sen t from Y~hoo Mail for iPad
23 of 27 ATTACHMENT C
August 20, 2024, Item #5
From: Tamara Hurley
City Clerk To:
Subject: Public comment on Agenda Item S, Aug 20, 2024 meeting Saturday, August 17, 2024 3:40:02 PM Date:
You don't often get emaii from [email protected]. Learn wh)I this is imoortant
EXTERN L EM/IIL
Dear Poway City Council,
Our home is located about 13,500 feet as the crow flies--or, more appropriately, as the embers fly--from the proposed lithium batte ry electrical storage facility. As a resident of Scripps Ranch for 27 years, we've been evacuated twice under threat of urban wildfires and have many friends and neighbors whose homes were completely destroyed in the Cedar Fire.
While I support the idea of carbon-free sources of electricity (we were early adopters of solar panels on our home), the fire risk that a lithium battery energy storage system (BESS) facility in an area surrounded by dry brush near thousands of homes gives me pause. • From experience, embers from fires can travel large distances (more than 300 feet, based on the Cedar Fire jumping across 1-15 at MCAS Miramar} when the wind is blow ing strongly, as happens during a Santa Ana weather event. So, I'm concerned that the EIR doesn't recognize the very real limitations of the 1.1 acres/280 feet of "defensib le space" in the BESS facility's proposal. Specifically, I would urge that Night Hawk Energy Storage be required to provide brush management mitigation services for a much larger area-specifically , the dozens of acres of highly flammable brush- surround ing the proposed location of the BESS facility to reduce the risk of any fire at the facility spreading to the nearby communities .
• I'm also concerned about the limited on-site fire suppression plans for the proposed BESS facility, namely access to a water main. From my understanding, lithium batteries are not easily extinguished by water , so something like a carbon dioxide system would offer faster and more effective suppression in the event of a fire . As such, I would urge that Night Hawk Energy Storage be required to include a more robust and efficient fire-suppression system at their BESS.
• Witnessing how utilit ies (including Sempra/SDG&E) have attempted (ofte n, successfully) to shift the cost of compensat ion for damages and loss of life resulting from their negligence to ratepayers, I urge that Night Hawk Energy Storage be required to hold an insurance policy (or similar) that would provide compensation for any loss that might occur as the result of a fire at the BESS facility. This would have the added bonus of pressuring Night Hawk Energy Storage to increase their focus on fire mitigation measures.
• I 'm concerned about t he toxic fumes that might be released in the event of a lithium battery fire at the proposed BESS facility. While these can be mitigated in part by a more robust and efficie nt onsite fire -suppression system, Night Hawk Energy Solutions 24 of 27
August 20, 2024, Item #5
should be required to provide some sort of rapid notification system to the nearby residents and businesses in the event of a fire to allow for rapid evacuation to prevent inhalation of toxic gases.
Thank you for considering these upgrades to the proposal before approving the use of the site for a battery energy storage system .
Tamara Hurley
25 of 27
August 20, 2024, Item #5
From:
To:
Subject:
Date:
Alison Bell
Julie Procopio; Anita Edmondson; Brian Peoin; Peter De Hoff Nighthawk Battery Storage question
Monday, August 19, 2024 3:17:19 AM
EXTERNAL EMAIL
Greetings Julie, Anita, Brian and Peter,
I have a some questions on the project that I have not found answers too. 1) Has General Atomics, Home Depot, Costco and Amazon etc had input on the placement of this project? Have they been notified? Do they have access to the emergency operation plan? 2) In the event of a fire occurring I have read that Nighthawk stated it would pay for the fire. a. Has there been an executed contract subject to the city councils approval of the project ; stating they will be responsible for all expenses related to the fire with no cost limit? a. Is the parent company of Nighthawk self insured? Many large parent companies are and they rely on litigation teams to get them out of full payments etc.
b. How can the City of Poway be sure that the parent company will have the funds to pay for the expenses and not leave the City to foot the bill or get tied up in litigation in order to get reimbursement?
2. Poway Fire only has 3 stations with 17 people on shift each 24hr period. Is the plan to depend on mutual aid for fire suppression support and or to take standard calls within the city due to Poway crews being put out of service? Has Nighthawk in writing agreed to pay for mutual aid costs?
3. Have they agreed to pay the expenses incuned by business who will have to close operations to evacuate? Or will they cover costs associated with employees, consumers or residences who have to shelter in place? 3) Is the City of Poway with the financial proceeds/ revenue to the city considering building a new fire station up in the business park area that will house crews who specialize in HlRT? Or is the plan to rely on the SDFD HIRT team on black mountain road?
4) If residents, consumers or employees of the surrounding areas are exposed to the chemical gases in the air and develop acute illness resulting in emergency room care will Nighthawk or the City of Poway be responsible for the medical bills due to the approval of the project with close proximity to people? For those who may need emergency transport will Nighthawk pay for the Sk plus ambulance and enroute treatment bill? 5) Has an emergency operation plan and or a draft fire and explosion control sununary been put online for public viewing? If so, can you direct me to it?
6) Last but not least are there any residential/in home based or commercially based day time care centers for children, seniors or disabled persons within 600 feet radius of this proposed site? Or are there any animal boarding businesses within that same radius?
Thank you in advance for the clarification on this project. I want to make sure I fully understand the full scope of the risks vs benefits to this proposal.
Alison Park
D2 resident and owner of residential properties in D 1 and D3. 26 of 27
August 20, 2024, Item #5
. . . •••
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SAN DIEGO
401 WEST A STREET
SUITE 200
SAN DIEGO. CA 9210 1
858-568 -7777
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27 of 27
August 19, 2024
The Honorable Steve Vaus, Mayor
City of Poway
13325 Civic Center Drive
Poway, CA 92064
Re: Support for Nighthawk Battery Energy Storage Project, Agenda Item 5, August 20, 2024 City Council Meeting
Dear Mayor Vaus and City Council Members:
On behalf of Cleantech San Diego, please accept this letter as one of support for Arevon's proposed Nighthawk Battery Energy Storage project (Agenda Item 5, August 20, 2024 City Council Meeting) .
Cleantech San Diego is a member-based business organization that positions the greater San Diego region as a global leader in the cleantech economy. Our members include more than 135 businesses, universities, governments, and nonprofits committed to advancing sustainable solutions for the benefit of the economy, the environment, and all members of the community .
Arevon is one of the nation's most innovative renewable energy companies . They successfully manage over 160 wind and energy storage projects throughout the country, with several battery storage projects operating and in various stages of development in California.
Arevon is proposing a 300MW battery facility in Poway, which will provide critical infrastructure to support the electric grid and allow tor the continued use of renewable energy in the region.
Battery storage is used to capture excess generation of electricity that can be stored and put back on the grid when it is needed most. Battery storage projects today are built with the latest in technology and safety to ensure they pose little risk to surrounding areas.
Over the past few years, Arevon and its team have worked closely with the Poway and Scripps Ranch communities, as well as with the broader San Diego region, to conduct a transparent and thorough outreach process with a commitment to ensuring the project is built as safely as possible . They have also worked closely with both the Poway and San Diego tire departments to address all safety concerns .
In addition to providing clean and renewable energy resources to the region, this project will also provide essential community benefits to Poway through taxes and investments that will create jobs and enable future infrastructure improvements . During construction, over 125 high-paid, locally hired union workers will be employed. Following construction, additional jobs will be created to operate and maintain the facility.
Thank you in advance for your support of this project which will not only benefit our regional electric grid but also the Poway community.
Sincerely,
Jason Anderson
President and CEO
Cleantech San Diego
August 20, 2024, Item #5