DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PQ RT City of Poway
September 17, 2024
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk �
Carrie Gallagher, City Clerk
(858)668-4435 or [email protected]
CITY COUNCIL
Second Reading and Adoption of Ordinance No. 871 entitled "An Ordinance of the City Council of the City of Poway, California, Approving a Specific Plan Amendment (SPA) 22-0002 to the South Poway Specific Plan Allowing a Change of the Land Use Designation from Mineral Resource Extraction to Light Industrial on Two Pad Sites Located Within an 83-Acre Parcel, Thereby Allowing Development of the Nighthawk Battery Energy Storage System on Pad 2; Assessor's Parcel Number 320-031-03-00" The introduction and first reading of the above-entitled Ordinance was approved at a Regular City Council Meeting on August 20, 2024. There were nine (9) speakers.
The Ordinance is now presented for second reading and adoption by title only.
Vote at first reading:
Recommended Action:
AYES:
NOES:
DE HOFF, EDMONDSON, PEPIN, FRANK, VAUS
NONE
ABSTAINED:NONE
ABSENT: NONE
DISQUALIFIED: NONE
It is recommended the City Council adopt Ordinance No. 871.
Environmental Review:
None.
Fiscal Impact:
None.
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Public Notification:
A public hearing notice was published in the Poway News Chieftain on Thursday, August 8, 2024. An ordinance summary notice was published in the Poway News Chieftain on Thursday, August 29, 2024.
A certified copy of this Ordinance will also be posted in the Office of the City Clerk in accordance with Government Code section 36933.
Attachments:
A.Ordinance No. 871
Reviewed/Approved By:
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch�
City Manager
September 17, 2024, Item #2
ORDINANCE NO. 871
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING A SPECIFIC PLAN
AMENDMENT (SPA) 22-0002 TO THE SOUTH POWAY SPECIFIC PLAN ALLOWING A CHANGE OF THE LAND USE DESIGNATION FROM MINERAL RESOURCE EXTRACTION TO LIGHT INDUSTRIAL ON TWO PAD SITES LOCATED WITHIN AN 83-ACRE PARCEL, THEREBY ALLOWING DEVELOPMENT OF
THE NIGHTHAWK BATTERY ENERGY STORAGE SYSTEM ON
PAD 2; 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) and certified the Environmental Impact Report (EIR) (State Clearinghouse (SCH) No. 84053008) via Resolution P-85-45; WHEREAS, on July 26, 1988, the City Co"uncil 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 August 7, 1990, the City Council adopted Resolution No. 90-164 approving Conditional Use Permit (CUP) 89-05 for continuation and expansion of the aggregate operation located at 10975 Beeler Canyon Road; WHEREAS, on July 23, 1991, the City Council certified a second SEIR (SCH No. 89010025) for the Cal Mat-Poway CUP and Reclamation Plan (CUP 89-05) via Resolution 91- 078;
WHEREAS, the City Council approved further 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 changes in the CUP requests did not require further analysis and all impacts were analyzed by the previously certified 1990 SEIR;
WHEREAS, the previously approved CUP 22-0005, submitted by Granite Construction, modified Granite Construction's aggregate operation by allowing for the construction of industrial buildings on two future industrial pads, one of which is the Project site, prior to operations under the use being terminated, including mining and processing activities, and revised the industrial building pad locations (Pads) at the northerly portion of the site located at 10975 Beeler Canyon Road/13501 Kirkham Way, which includes the Project site; WHEREAS, on August 20, 2024, the City Council considered a request from Nighthawk Energy Storage, LLC (Applicant) for an amendment to the SPSP (SPA to change the Land Use Designation of both of the Pads, as that term is defined above (referred to as Pad 1 and Pad 2)) from Mineral Resource Extraction (MRE) to Light Industrial (LI), along with Development Review (DR) 22-0001 for Pad 2 only (approximately 10 acres of the northerly portion of Assessor Parcel Number [APN] 320-031-03-00, addressed as 13501 Kirkham Way), to allow the development and operation of a 300-Megawatt (MW) Battery Energy Storage System (BESS) facility on an as well as associated infrastructure thereon (the Project);
WHEREAS, on August 20, 2024, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to the proposed Project; 3 of7 ATTACHMENT A September 17, 2024, Item #2
Ordinance No. 871
WHEREAS, concurrent with the approval of this Ordinance approving SPA 22-0002, the City Council approved DR 22-0001 pursuant to Resolution No. 24-, which is also necessary to allow development and operation of the Project; WHEREAS, concurrent with the approval of this Ordinance approving SPA 22-0002, the City Council also approved an Addendum to the SPSP EIR and SEIRs (Addendum) pursuant to Resolution No. 24-, which concludes that the Project would be not result in any new or increased significant impacts on the environment not already analyzed in, and fully covered by, the SPSP EIR and SEIRs, and otherwise determined that the Project would not result in any other circumstances set forth in California Environmental Quality Act (CEQA) Guidelines section 15162(a) that would allow or necessitate the preparation of a subsequent or supplemental EIR; WHEREAS, concurrent with the approval of this Ordinance approving SPA 22-0002, the City Council also approved a Community Benefit Agreement pursuant to Resolution No. 24-; which was a material inducement and material factor in its decision to approve the Project; WHEREAS, Chapter 17.47.090 of Title 17 (Zoning Development Code) of the Poway Municipal Code (PMC) and the SPSP itself provides the requirements for the amendment of Specific Plans, and the SPSP in particular; WHEREAS, the proposed SPA 22-0002 would amend the land use map of the SPSP from MRE to LI, for only the 5-acre Pad 1 (retained by Granite) and 10-acre Pad 2 (the Nighthawk Project site) on the 85-acre parcel designated as APN 320-031-03-020, as shown on the revised Land Use Map attached hereto as Exhibit 1;
WHEREAS, all of the proposed amendments to the SPSP are shown in Exhibit 1 attached hereto, consisting solely of the revised land use map with no text changes to the SPSP; and WHEREAS, the City Council has read and considered the agenda report for the proposed project and has considered other evidence presented at the public hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:
SECTION 1: The above recitations are true and correct, and incorporated herein by referenced as if fully set forth herein.
SECTION 2: The Project would not result in any new or increased significant impacts on the environment not already analyzed in, and fully covered by, the SPSP EIR and SEIRs, nor would it result in any other circumstances set forth in CEQA Guidelines section 15162(a), for all the reasons set forth in the Addendum and the remainder of the administrative record.
SECTION 3: The City Council hereby approves this Ordinance, thereby approving and adopting the requested SPA 22-0002, resulting in the amendments to the SPSP as shown in Exhibit 1.
SECTION 4: 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 approval of any aspect of the Project 4 of7 September 17, 2024, Item #2
Ordinance No. 871
approval set forth in this Ordinance, including, but not limited to, any action to attack, set aside, void, challenge, or annul this Ordinance or any other associated development approval (including but not limited to SPA 22-0002 and DR 22-0001), or any environmental document or decision made pursuant to CEQA, specifically including the City Council's approval of the Addendum. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation-related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. Notwithstanding the foregoing, no indemnity shall be required for claims resulting from the exclusive gross negligence or willful misconduct of the City.
SECTION 5: Severability. If any section, subsection, subdivision, paragraph, sentence,· clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact of any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 6: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933.
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Ordinance No. 871 Page 4
INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Poway, California, held the 20th day of August, 2024, and thereafter.
PASSED AND ADOPTED at the next regular meeting of said City Council held the 17th day of September, 2024, by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
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EXHIBIT 1
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Ordinance No. 871 Page 5,
September 17, 2024, Item #2