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Agenda packet

Poway City Council
May 6, 2025

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Agenda packet
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May 6, 2025
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Poway City Council
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Amended Agenda
Adding Notice of Teleconferencing Location for
Councilmember Blain
AG EN DA Poway City Council
Coun cil Ch am ber I 13325 Civic Center Driv e I Poway , CA I 92064 May 6, 2025 I 7 p.m.

Thank you for participating in your local government and the City of Poway Council meetings.

Meetings I Regular City Council meetings are held on the first and third Tuesday of the month at 7:00 p.m. in the Council Chambers located at 13325 Civic Center Drive, Poway, CA 92064. The Council Chamber will be open to the public.

Notice of Teleconferencing Location I Section 54953(b) of the California Government Code authorizes members of the City Council to use teleconferencing to attend a meeting, provided the agenda identifies the teleconference location. In accordance with Section 54953(b), the following location is hereby noticed as a teleconference location 4470 Katella Avenue, Los Alamitos, CA 90720.

Councilmember Blain notified the City on April 30, 2025 he would be participating in the May 6, 2025 City Council remotely from the above location. As set forth below, members of the public may attend the meeting in person ifl City Council Chambers or at the teleconference location .

Public Meeting Access I Members of the public may attend the City Council meeting in person, or watch the City Council meeting live online . Regular City Council meetings are broadcast live on Cox Communication Channel 24 and Spectrum Channel 19. Council meeting videos are archived and available for viewing on the City's website.

Speakers I Persons wishing to address the Council on matters not on the agenda may do so under Public Comment. Those wishing to speak on items on the agenda may do so when the item is being considered. Please submit a Speaker's Slip to the City Clerk prior to the meeting or the announcement of the item. All comments will be limited to three (3) minutes. Per the Poway Municipal Code, the speaking time may be reduced.

To Watch Live:
www.poway.org/councilmeetings
Agenda Materials I This agenda contains a brief summary of each item the Council will consider.

The Agenda and Agenda Packet is posted seven (7) days prior to regular City Council meetings and are available for viewing on the City's website at www.poway.org. Sign up at https://poway.org/list.aspx to receive email notifications when City Council agendas are published on line. Items listed on the agenda with a"#" symbol are in preparation.

Steve Vaus
Mayor
Peter De Hoff
Deputy Mayor
Tony Blain
Councilmember
Jenny Maeda
Councilmember
Christopher J. Pikus
Councilmember
PLEASE NOTE: Written comments received via email before 3:00 p.m. the day prior to the meeting will be distributed as formal additional material as well as be made available online prior to the City Council meeting. Written comments received after this deadline will be forwarded to the Council, but not available online until after the City Council meeting.

American Disabilities Act Title II I In compliance with the Americans with Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Title II. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk's office 858-668-4530 at least 24 hours prior to the meeting.

Reminder I As a courtesy to all attendees, please silence all electronic devices and engage in conversations outside the Council Chambers.

The City Council also sits as the City of Poway Planning Commission, Poway Housing Authority, Public Financing Authority and Successor Agency to the Poway Redevelopment Agency CALL TO ORDER:

ROLL CALL:

PLEDGE OF ALLEGIANCE:

MOMENT OF SILENCE:

PRESENTATION:

Recognition of Fire Department and San Diego County Sheriffs Office Personnel Recognition of the City of Poway's Participation in FEMA's National Flood Insurance Program Community Rating System
PUBLIC COMMENT: In accordance with State law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take action on any issue not included on the agenda. You may speak up to three (3) minutes.

Per the Poway Municipal Code, the speaking time may be reduced. Speakers have one opportunity to address the Council under Public Comment.

CONSENT CALENDAR: The Consent Calendar may be enacted in one motion by the Council with a Roll Call Vote without discussion unless a Councilmember, a member of the public, or City Manager requests that an item be removed for discussion.

1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda

2. Approval of the March 4, 2025 Regular City Council Meeting Minutes 2 of 4 Regular City Council Meeting May 6, 2025

3. Second Reading and Adoption of Ordinance No. 873 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Chapter 2.18 (Meetings) of the Poway Municipal Code Regarding Physical Attendance at City Council Meetings"

4. Approval of Final Tract Map for Tentative Tract Map (TTM) 22-0001 (Harmon Ranch Subdivision); Lennar Homes of California, LLC, Applicant (APNs: 317-500-02, 317-500-03, 317-500-09 through 317-500-14, 317-501-01 and 317-501-02)

5. Award of Contract to HSCC, Inc., for the Neighborhood Sidewalks Garden Road Project, Bid No. 25-007 and Determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA)

6. Authorization to Purchase Desktop Computers and Four-Year Warranty from Connection, RFP No. 25-012

7. Acceptance of Irrevocable Offer of Dedication on Claire Drive

8. Acceptance of the Washwater Tank No. 2 Rehabilitation Project with Advanced Industrial Services, Inc., as Complete

9. Award of Agreement to ECS Imaging, Inc. for Laserfiche Cloud Records Management and Professional Software Services
ORDINANCES FOR INTRODUCTION:

10. Ordinance to Amend Poway Municipal Code to Allow Imposition of Administrative Citations and Penalties for Violations of Law
City Manager's Recommendation: It is recommended the City Council introduce the attached Ordinance for first reading by title only, waive further reading, and schedule the adoption of the Ordinance for the May 20, 2025 Regular City Council meeting.

PUBLIC HEARINGS:

11. Ordinance Amending Poway Municipal Code Chapters 15.24 and 8.76, to Designate Fire Hazard Severity Zones and Consolidate Defensible Space Regulations, and Determination that the Adoption of the Foregoing Amendments by Ordinance are Exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061 (b)(3) City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing and introduce the Ordinance for first reading by title only, schedule the second reading and adoption for May 20, 2025, set an effective date of July 1, 2025, and determine that the adoption of the foregoing amendments by Ordinance are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines Section 15061 (b)(3).

STAFF REPORTS:

12. Pre-Development Conference 25-0002, a Proposal for 16 Multi-Family Units, Phase 2 of the Fairfield Project at 12947 Poway Road, APN 317-490-68
3 of 4 Regular City Council Meeting May 6, 2025
City Manager's Recommendation: It is recommended the City Council provide input and direction regarding the Applicant's proposal.

WORKSHOPS: None
COUNCIL-INITIATED ITEMS: None
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d)) CITY MANAGER ITEMS:

CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) CLOSED SESSION: None
ADIOURNMENT:

State of California
County of San Diego
)
) 55.
)

AFFIDAVIT OF POSTING
I, Carrie Gallagher, CMC, City Clerk of the City of Poway, hereby declare under penalty of perjury that this notice of a Regular meeting as called by the City Council of the City of Poway was posted and provided on May 1, 2025. Said meeting to be held at 7:00 p.m., May 6, 2025, in the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California. Said notice was posted on the Bulletin Board at the entrance to City Hall. ~~ Carrie Gallaghe«MC,City/erk
4 of 4 Regular City Council Meeting May 6, 2025
May 6, 2025, Item #2
AGENDA REPORT CityofPoway
DATE:

TO:

FROM:

May 6, 2025
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk~
(858) 668-4535 or [email protected]

CITY COUNCIL
SUBJECT: Approval of the March 4, 2025 Regular City Council Meeting Minutes Summary
The City Council Meeting Minutes submitted hereto for approval are:
• March 4, 2025 Regular City Council Meeting Minutes
The Poway City Council sits as the Poway Planning Commission, the Poway Housing Authority, the Public Financing Authority, and the Successor Agency to the Poway Redevelopment Agency.

Recommended Action:

It is recommended the City Council approve the March 4, 2025 Regular City Council Meeting Minutes.

Public Notification:

None.

Attachments:

A. March 4, 2025 Regular City Council Meeting Minutes
Reviewed/Approved By:
,,w'~ ~
W~r,y Kaserman
Assistant City Manager
1 of 5
Reviewed By:

Alan Fenstermacher
City Attorney
May 6, 2025, Item #2

CITY OF POWAY

CITY COUNCIL REGULAR MEETING

MINUTES
March 4, 2025
City Council Chambers
13325 Civic Center Drive, Poway, California
(Per Government Code 54953)
(Meeting Called to Order as City Council/City of Poway Planning Commission/Poway Housing Authority/Public Financing Authority and Successor Agency to the Poway Redevelopment Agency) CALL TO ORDER:

Mayor Vaus called the Regular Meeting to order at 7:00 p.m.

ROLL CALL:

Present: Tony Blain, Jenny Maeda, Christopher J. Pikus, Peter De Hoff, Steve Vaus STAFF MEMBERS PRESENT:

City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Carrie Gallagher; Director of Development Services Julie Procopio; Director of Finance Craig Schmollinger; Director of Human Resources and Risk Management Jodene Dunphy; Director of Public Works Eric Heidemanri; Director of Community Services Audrey Denham; Fire Chief Brian Mitchell; Captain Claudia Delgado, Sheriff's Department. (Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, Assistant City Manager, City Attorney, City Clerk and Director of Finance shall be used to indicate Mayor/Chair, Deputy MayorNice Chair, Councilmember/Director, City Manager/Executive Director, Assistant City Manager/Assistant Executive Director, City Attorney/Counsel, City Clerk/Secretary and Director of Finance/Finance Officer.)
PLEDGE OF ALLEGIANCE:

Deputy Mayor De Hoff led the Pledge of Allegiance.

MOMENT OF SILENCE:

Mayor Vaus led a moment of silence.

PRESENTATIONS:

None.

PUBLIC COMMENT:

Dale Davis spoke regarding fire mitigation efforts on property bordering his. 2 of 5 ATTACHMENT A
May 6, 2025, Item #2
City of Poway -Minutes -March 4, 2025
Cynthia Elizondo, speaking on behalf of Friends of Poway Seniors discussed their highly successful partnership with the City of Poway to offer senior programming at the Mickey Cafagna Community Center.

Yuri Bohlen voiced concerns over government waste and fraud as it pertains to Councilmember Blain's conduct.

John Couvrette voiced concerns regarding unlawful and unethical behavior by Councilmember Blain.

John Mullin announced the formation of a committee to recall Councilmember Blain.

CONSENT CALENDAR:

Motioned by Mayor Vaus, seconded by Deputy Mayor De Hoff to approve Consent Calendar Items 1 through 6. Motion carried 5/0 by the following roll-call vote:

Ayes:

Noes:

Abstained:

Absent:

Disqualified:

Blain, Maeda, Pikus, De Hoff, Vaus
None
None
None
None

1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda

2. Award of Agreement to Pavement Recycling Systems, Inc. for Asphalt Cold Milling and Operator Services

3. Acceptance of the FY 2024-25 Street Maintenance Project with American Asphalt South, Inc., as Complete

4. Acceptance of the FY 2024-25 Citywide Striping Project with Statewide Stripes, Inc., as Complete

5. Approval of Services for the Replacement of Two Traveling Bridge Cable Reels at the Water Treatment Plant to Westmount Industries

6. City's Investment Report as of December 31, 2024
ORDINANCES FOR INTRODUCTION:

None.

PUBLIC HEARINGS:

None.

STAFF REPORTS:

7. Approval of a Three-Year Agreement with San Diego Ice to Provide Snow for the Annual Winter Festival Event
3 of 5
May 6, 2025, Item #2
City of Poway-Minutes -March 4, 2025
Director of Community Services Audrey Denham presented the item along with a PowerPoint Presentation. Ms. Denham explained the agreement allows the City to lock in the price and reduce staff time associated with executing annual agreements. Each year, the City purchases 115 tons of snow for the Winter Festival, with San Diego Ice Company providing the lowest cost for snow for the past seven (7) years.

Ms. Denham provided background information on the Winter Festival event. She noted the event is in its eleventh year and is the largest City community event, drawing approximately 10,000 people each year. She discussed various components of the annual event, and the inclusion of activities designed for the special needs community.

Ms. Denham highlighted new additions to the 2025 event and thanked the Community Park team, City staff, City Council, and the Sheriff's Department for their collaboration and support.

She also thanked Kelchlin Construction and other sponsors who donated to the Winter Festival event.

Public Comment:

None.

End of Public Comment.

Council discussion ensued. Council responded positively to the agreement, noting the length of the agreement and cost benefits of a multi-year deal. Council discussed the popularity of the Winter Festival and thanked Community Services staff for its success year after year.

Motioned by Mayor Vaus, seconded by Deputy Mayor De Hoff to approve the three­ year Agreement and authorize the City Manager to execute all necessary documents associated with the Agreement between the City of Poway and San Diego Ice Company to provide snow for the annual Winter Festival event. Motion carried unanimously 5/0 by the following vote:

Ayes:

Noes:

Abstained:

Absent:

Disqualified:

WORKSHOPS:

None.

Blain, Maeda, Pikus, De Hoff, Vaus
None
None
None
None
COUNCIL-INITIATED ITEMS:

None.

COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d))
Councilmember Blain spoke regarding his effort to organize a cleanup at Tooth Rock, he discussed the American Legion Boys State and Girls State leadership programs. 4 of 5
May 6, 2025, Item #2
City of Poway -Minutes -March 4, 2025
Councilmember Maeda spoke regarding upcoming City Council appointments to the Budget Review Committee and Parks and Recreation Advisory Committee, she thanked applicants for their willingness to serve their community.

Mayor Vaus shared information on the Poway Firefighters Foundation Charity Golf Tournament scheduled at Maderas Golf Club on Monday, April 7, 2025.

CITY MANAGER ITEMS:

None.

CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) City Attorney Fenstermacher provided a report out from the March 24th Closed Session Special City Council Meeting, he stated the City Council voted 4-0, with Councilmember Blain recused, to authorize the City Attorney to defend the City against an application to sue the City in quo warranto Soto v. City of Poway, et. al.

Mr. Fenstermacher noted the City's response to the application had been formally filed with the courts on Monday March 3. In response to Council questioning, Mr. Fenstermacher stated he estimates the financial impact of the complaint to cost the City between $20,000 if the case is rejected to six figures if the case actually goes to litigation.

CLOSED SESSION:

None.

ADJOURNMENT:

The meeting was adjourned at 7:30 p.m.
5 of 5
Carrie Gallagher, CMC
City Clerk
City of Poway, California
May 6, 2025, Item #3
AG EN DA REPORT City of Poway
DATE:

TO:

FROM:

CONTACT:

May 6, 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
SUBJECT: Second Reading and Adoption of Ordinance No. 873 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Chapter 2.18 (Meetings) of the Poway Municipal Code Regarding Physical Attendance at City Council Meetings" Summary:

The introduction and first reading of the above-entitled Ordinance was approved at a Regular City Council Meeting on April 15, 2025. There were two (2) speakers.

The Ordinance is now presented for second reading and adoption by title only.

Vote at first reading:

Recommended Action:

AYES:

NOES:

MAEDA, PIKUS, DE HOFF, VAUS
BLAIN
ABSTAINED: NONE
ABSENT: NONE
DISQUALIFIED: NONE
It is recommended the City Council adopt Ordinance No. 873.

Environmental Review:

None.

Fiscal Impact:

None.
1 of 4
May 6, 2025, Item #3
Public Notification:

An ordinance summary notice was published in the Poway News Chieftain on Thursday, April 24, 2025.

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. 873
Reviewed/Approved By:

Assistant City Manager
2 of 4
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Ch~
City Manager
May 6, 2025, Item #3
ORDINANCE NO. 873

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AMENDING CHAPTER 2.18 (MEETINGS)

OF THE POWAY -MUNICIPAL CODE REGARDING PHYSICAL

ATTENDANCE AT CITY COUNCIL MEETINGS
WHEREAS, the City Council of the City of Poway wishes to adopt rules regarding Councilmember conduct during City Council meetings, and the threshold for being considered present.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:

SECTION 1: The above recitations are true and correct.

SECTION 2: Chapter 2.18 (Meetings) of the PMC is hereby amended to add new Sections 2.18.190 and 2.18.200, as follows

2.18.190 Attendance Generally
Any member of the City Council physically present at a City Council meeting must request a recess to leave the dais during any portion of the City Council meeting. The request for a recess shall be granted, unless, in the discretion of the Mayor ( or the member of the City Council chairing the meeting in the Mayor's absence), the request for a recess is unreasonable. A request for a recess may be unreasonable only if the quantity or duration of the requested recess(es) will materially disrupt the meeting. Notwithstanding the foregoing, a request for a recess shall not be unreasonable if it is needed due to a medical or disability-related emergency. The City Council may, by majority vote of members present, override the determination of whether a recess is reasonable. Leaving the dais during an ongoing City Council meeting not in recess shall be considered an absence from the meeting without permission.

This Section 2.18.190 shall not apply when members of the City Council recuse themselves from discussion of or participation in any agendized item due to a perceived or actual conflict of interest, or any other legally required recusal.

2.18.200 Attendance During Each Agendized Item
Any member of the City Council physically present at a City Council meeting who physically leaves the dais during any part of an item (including public comment) without a recess shall not be permitted to participate in, make comments on, or vote on that item or any subsequent items introduced while they are absent from the dais ..

SECTION 3: The City Council finds that this Ordinance is not a "project" pursuant to the California Environmental Quality Act ("CEQA").
3 of 4 ATTACHMENT A
May 6, 2025, Item #3
Ordinance No. 873

Page 2 ends

SECTION 4: If any provisions of this Ordinance or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or application, and to this end the provisions of this act are severable.

SECTION 5: 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 Councilmembers voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933.

INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 15th day of April, 2025, and thereafter.

PASSED AND ADOPTED at a Regular Meeting of said City Council held the 6th day of May, 2025 by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
4of 4
May 6, 2025, Item #4
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AG EN DA REPORT City of Poway
May 6, 2025
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Services(l7
Sara Trunzo, Senior Civil Engineer <;X9
(858) 668-4622 or [email protected]

CITY COUNCIL
Approval of Final Tract Map for Tentative Tract Map (TTM) 22-0001 (Harmon Ranch Subdivision); Lennar Homes of California, LLC, Applicant (APNs: 317-500-02, 317-500-03, 317-500-09 through 317-500-14, 317-501-01 and 317-501-02) The Final Tract Map for the Harmon Ranch Subdivision, TTM 22-0001, is ready for approval. This map subdivides 11.51 acres of land and creates 64 separate single-family residential lots, four private street lots and 11 private open space lots.

Recommended Action:

It is recommended the City Council approve the Final Tract Map for TTM 22-0001 and direct its recordation.

Discussion:

Background:

The California Subdivision Map Act (SMA) outlines a two-step process for subdivision of land. Generally, the first step is a quasi-judicial public hearing to consider the tentative map or the tentative tract map for five or more parcels. This step is a discretionary decision by the City Council and involves evaluating a project for consistency with existing objective standards, conditions and policies as set forth in the Poway Municipal Code (PMC) and SMA. After a hearing and evaluation of the evidence, a written decision, or resolution, is adopted based on evidence presented.

The second step is consideration of the final tract map which is the technical document showing the distances and bearings for each property line of the parcels included in the tentative tract map. This action is ministerial, meaning state law requires approval of any final tract map that conforms with the already approved tentative tract map and complies with all conditions of approval imposed thereon. A "ministerial action" means an act performed by a government official or employee that strictly follows established rules and procedures without requiring any personal judgment or 1 of 32
May 6, 2025, Item #4
discretion. Essentially, they are carrying out a duty as outlined by law with no room for decision­ making. Here, as in all ministerial actions, if the specific requirements are met, the map must be approved. Recording the final tract map is the last step in the creation of a new parcel.

Project Details:

The Harmon Ranch Subdivision (TTM 22-0001) is located on both the north and south sides of Oak Knoll Road, west of Carriage Road and east of Pomerado Road. The project site is shown on the location map included as Attachment A This final map subdivides 1 0 existing parcels, totaling 11.51 acres of land, into 64 single-family residential lots, four private street lots and 11 private open space lots.

TTM 22-0001 was approved by the City Council on April 2, 2024, pursuant to Resolution No. 24-013 (Attachment B). The Final Tract Map, as shown in Attachment C, is found to be in substantial conformance (per the Subdivision Map Act) with the approved TTM. All the conditions of approval required prior to recordation of the Final Map have been addressed and complied with. The requested action does not impact the prior approval of the project.

Environmental Review:

The Environmental Impact Report for Harmon Ranch (EA 23-0001) was certified by the City Council on April 2, 2024, which includes the environmental review for TTM 22-0001 and all other Project entitlements, as well as the subsequent Final Tract Map (FTM 24-0001 ), which does not result in any changes to the previously approved Harmon Ranch project. No further CEQA review is required or permitted.

Fiscal Impact:

There is no Fiscal Impact as a result of the requested action.

Public Notification:

None.

Attachments:

A Location Map
B. Resolution No. 24-013
C. Final Tract Map
Reviewed/Approved By:

Assistant City Manager
2 of 32
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:
c~~/
City Manager
May 6, 2025, Item #4
3 of 32
City of Poway
Zoning / Location Map
Item: TTM22-0001
•
0 250
NORTH
500

ATTACHMENT A
RA
/Buckley~
(I)
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I r..______,~ I I ( ~ 7 I t---------+-----1
l I====== ta~l/l/ay • :
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May 6, 2025, Item #4
RESOLUTION NO. 24-013

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, APPROVING TENTATIVE TRACT MAP
(TTM) 22-0001 AND DEVELOPMENT REVIEW (OR) 22-0003 FOR
THE HARMON RANCH SPECIFIC PLAN SP 22-0001;
ASSESSOR'S PARCEL NUMBERS; 317-500-14-00, 317-500-13-
00, 317-500-12-00, 317-500-11-00, 317-500-09-00, 317-500-10- 00, 317-500-03-00, 317-500-02-00, 317-501-02-00 AND 317-501- 01-00
WHEREAS, the City Council considered Tentative Tract Map (TIM) 22-0001 and Development Review (DR) 22-0003; a request to subdivide 11.5 acres of land into 64 lots, construct 63 new single-family residences and preserve one locally designated historic home located at 12623, 12624, 12650, 12702 Oak Knoll Road and six additional vacant parcels in the Residential Single Family 7 (RS-7) zone;
WHEREAS, on April 2, 2024, the City Council of the City of Poway also considered approval of the Harmon Ranch Specific Plan (HRSP) (SP) 22-0001 and associated entitlements General Plan Amendment (GPA) 22-0001, Zone Change (ZC) 22-0001 and Zoning Ordinance Amendment (ZOA) 24-0001 as well as the certification of a Final Environmental Impact Report (FEIR) (EA 23-0001 ), a request to adopt a specific plan, subdivide 11.5 acres of land, and construct 63 new residences, preserve one locally designated historic home; WHEREAS, on April 2, 2024, the City Council held a duly advertised public hearing to receive testimony from the public, both for and against, relative to this matter; and WHEREAS, the City Council has read and considered the agenda report for the proposed project, including the attachments, and has considered all other evidence presented at the public hearing.

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

SECTION 1: The above recitals are true and correct.

SECTION 2: A FEIR (EA 22-0001) was prepared for the HRSP SP 22-0001 and associated entitlements GPA 22-0001, ZC 22-0001, ZOA 24-0001, TIM 22-0001 and DR 22- 0003. The City Council certified the FEIR at a duly noticed public hearing on April 2, 2024. This TIM and DR is made in furtherance of, and consistent with, SP 22-0001 and are required entitlements to allow development of the Harmon Ranch project, as specifically analyzed in the FEIR. Approval of TIM 22-0001 and DR 22-0003 is part of the City Council's April 2, 2024, approval of the entire Harmon Ranch project.

SECTION 3: The findings, in accordance with the State Subdivision Map Act (Government Code Section 66410 et. seq.) for TTM 22-0001, are made as follows:

A. The TTM is consistent with the objectives and policies of the General Plan in that it would allow for the construction of single-family residences at a density and design compatible with surrounding existing development.
4 of 32 ATTACHMENT B
May 6, 2025, Item #4
Resolution No. 24-013

Page 2 ends

B. The design and improvements required of the TTM are permitted within the Planned Community (PC) zoning and the HRSP established design and improvement standards, in that the approved lot sizes and configurations adhere to the development standards of the HRSP and the Poway Municipal Code (PMC) and allow for properly spaced buildings and provide areas for landscape and encourage a variety in the design and placement of structures.

C. The site is physically suitable for the type of development and the density proposed, in that the site is large enough to accommodate the proposed density and is compatible and in character with development in the vicinity and the development minimizes the amount of grading needed for development and utility construction and the development sites and roadways are oriented to follow the natural terrain to maintain landform integrity.

D. The design of the TTM is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat, in that the proposed project will be developed in accordance with City and other governmental agency requirements and mitigation measures will be incorporated pursuant to the FEIR, as specified in the Mitigation Monitoring and Reporting Program (MMRP).

E. The approval of the TTM is not likely to cause serious public health problems in that the City water and sewer service will be provided to the proposed project.

F. The design of the TTM will not conflict with any easement acquired by the public at large, now on record, for access through or use of the property within the subdivision. The ultimate development of the site shall be accommodated without obstructing or otherwise impacting existing easements or improvements within existing easements, without first obtaining authorization from the easement holders.

SECTION 4: The findings for DR 22-0003, in accordance with the PMC Section

17.52.010 Purpose of DR, are made as follows:

A. The proposed project has been designed to be architecturally compatible with surrounding development and conforms to the HRSP development standards and design guidelines.

There are varying building types and varying architectural styles, colors, and materials with the same or similar styles, colors, and materials as the surrounding area. The proposed development complies with grading limitations of the General Plan. The development respects the interdependence of land values and aesthetics to the benefit of the City and surrounding area and provides a landscape buffer around the majority of the proposed project area.

B. The proposed project has been designed to mIrnmIze impacts on surrounding development by utilizing a compatible architectural design consistent with HRSP.

Therefore, the proposed development respects the public concerns for the aesthetics of development and encourages the orderly and harmonious appearance of structures and property within the City.

C. The proposed development will maintain the public health, safety and general welfare within the City in that it will meet City grading, building, and stormwater quality requirements and comply with City standards for development.

D. The granting of the DR would be cognizant of the public concerns for aesthetic 5 of 32
May 6, 2025, Item #4
Resolution
No.
24-013 Page
3 development
in
that
the
development
will
consist
of
single-family
homes,
passive
open
space
areas
and
lanq§caping
that
will
blend
in
with
the
natural
setting
in
colors
and
design
and
will
not
distract
from
the
existing
natural
landforms.

E.

The
proposed
project
will
not
have
an
adverse
aesthetic,
health,
safety
or
architecturally
related
impact
upon
adjoining
properties
or
the
City
in
general
, in
that
the
proposed
project
will
be
similar
to
other
development
in
the
area
, create
a
transition
in
density
between
multi-family
zone
to
the
west
and
single-family
zone
to
the
east
and
will
comply
with
City
design
standards
and
meet
City
grading,
building
and
stormwater quality
requirements.

F.

The
proposed
project
generally
complies
with
the
vision
and
the
provisions
of
the
Zoning
Ordinance
and
the
General
Plan
.

SECTION
5:

The
findings,
in
accordance
with
Government
Code
Section
66020
for
the
public
improvements
needed
as
a
result
of
the
proposed
development
to
protect
the
publ
ic health,
safety
and
welfare,
are
made
as
follows:

A.

The
design
and
improvements
of
the
proposed
development
are
consistent
with
all
elements
of
the
Poway
General
Plan,
as
well
as
City
Ordinances
, because
common
facilit
ies
will
be
available
to
serve
the
proposed
project
and
the
general
public
.

B.

The
construction
of
public
improvements
is
needed
as
a
result
of
the
proposed
development
to
protect
the
public
health,
safety
and
welfare
as
further
described
in
the
conditions
of
approval.

C.

In
accordance
with
the
Poway
General
Plan,
the
proposed
project
requires
the
payment
of
development
impact
fees
, which
are
assessed
on
a
pro-rata
basis
to
finance
public
infrastructure
improvements,
which
promote
a
safe
and
healthy
environment
for
the
residents
of
the
City
.

SECTION
6:

The
City
Council
finds
that
this
TIM
and
DR
is
consistent
with
SP
22-0001,
GPA
22-0001
and
the
corresponding
ZC
22-0001
, ZOA
24-0001
and
would
maintain
land
use
compatibility
with
the
surrounding
properties
.

SECTION
7:

The
City
Council
hereby
approves
TIM
22-0001
and
DR
22-0003
including
the
proposed
uses
as
shown
on
file
in
the
Development
Serv
ices
Department
, except
as
noted
herein
and
subject
to
the
following
conditions
:

A.

The applicant
shall
defend,
indemnify,
and
hold
harmless
the
City
, its
agents,
officers,
and
employees
from
any
and
all
claims,
actions,
proceedings,
damages,
judgments,
or
costs,
including
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
approval
set
for
in
this
resolution,
including,
but
not
limited
to
, any
action
to
attack
,
set
aside,
void
, challenge,
or
annul
this
development
approval
(includ
ing
but
not
limited
to
SP
22-0001,
GPA
22-0001,
ZC
22-0001,
ZOA
24-0001,
TIM
22-0001
and
DR
22-0003)
and
any
environmental
document
or
decision
made
pursuant
to
CEQA
(EA
19-001
).

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
6 of
32 May 6, 2025, Item #4
Resolution No. 24-013
Page4
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.

B. This approval is based on the existing site conditions and proposed project details represented on the approved plans on file in the Development Services Department. Any substantial changes to the approved plans must be approved by the Director of Development Services and may require approval of the City Council if the Director of Development Services finds that the proposed changes do not substantially conform to approved plans.

C. In accordance with PMC Section 16.50.020(F), any grading plan which proposes fill slopes having a vertical height of 30 feet or greater shall be subject to the review and approval of the City Council prior to permit issuance. Any adjacent retaining wall or crib wall height shall not be included in slope height calculations.

D. Prior to issuance of any permit, the applicant shall (1) submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant Regarding Real Property notarizing and recording said document. In order for the City to prepare the Covenant the applicant must first submit a legal description of the subject site.

E. The proposed project shall comply with all mitigation measures established under the certified FEIR as specified in the MMRP attached to this resolution as Exhibit A.

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

G. Within 90 days of approval, unless other timing is indicated, the following conditions shall be complied with:
7 of 32
(Planning)

1. The applicant shall apply for and obtain an issued demolition permit (or permits) to remove all structures/buildings including accessory buildings, with the exception of the locally designated historic home. Demolition work shall be completed no later than one hundred and twenty (120) days after date of issuance.

2. Any dead trees on the properties identified by the City, which are located within one hundred (100) feet of adjacent homes or buildings, shall be removed by the applicant within the timeline indicated on the written notice sent to the applicant, should any such tree(s) be identified.

3. Gates and fences surrounding the properties shall be regularly maintained, secured and repaired. All gates allowing access to City utility easements shall be maintained and accessible to City staff with use of a City approved padlock, issued or placed by Poway's Public Works Department.

May 6, 2025, Item #4
Resolution
No.
24-013 Page
5 4.

All
City
easements
and
utility
infrastructure
shall
be
accessible,
un-obstructed
and
may
not
be
encroached
upon,
unless
written
authorization
from
the
agency
holding
the
easement
should
allow
it.

5. All
exterior
graffiti
on
the
property
shall
be
removed
or
covered
by
the
applicant.

6. Until
the
project
is
completed,
City
staff
shall
be
permitted
to
continue
to
enter
and
monitor
the
condition
of
the
property
to
ensure
safety.

7. The
properties
shall
be
maintained
in
a
safe
condition,
and
may
not
pose
a safety
hazard,
health
hazard,
and/or
create
a nuisance,
as
defined
by
the
PMC,
State
law
or
Federal
regulation.

8. Demolition
of
existing
structures
shall
include
investigations
for
lead
and
asbestos
with
appropriate
mitigations
prepared
by
certified
professionals.

H.

Prior
to
Final
Map
approval,
unless
other
timing
is
indicated,
the following
conditions
shall
be
complied
with:
8 of
32 (Engineering) 1.

Within
thirty
(30)
days
after
tentative
map
approval,
the
applicant
shall
submit
in
writing
to
the
City's
Senior
Planner
that
all
conditions
of
approval
have
been
read
and
understood.

2. This
approval
is
based
on
the
existing
site
conditions
represented
on
the
approved
tentative
map
.

If
actual
conditions
vary
from
representations,
the
approved
tentative
map
must
be
changed
to
reflect
the
actual
conditions.

Any
substantial
changes
to
the
tentative
map
must
be
approved
by
the
Director
of
Development
Services
and
may
require
approval
of
the
City
Council.

3. The
final
map,
together
with
the
supporting
data
and
documentation,
shall
be
submitted
to
Engineering
Division
for
review
and
approval.

The
appropriate
map
checking
fee
shall
be
paid
by
the
applicant.

4. The
final
map
shall
conform
to
City
standards
and
procedures,
the
City
Subdivision
Ordinance,
the
latest
edition
of
the
Subdivision
Map
Act,
and
the
Land
Surveyors'
Act,
and
all
other
applicable
laws,
regulations,
and
ordinances.

5. The
applicant
shall
include
provisions
in
their
design
contract
with
their
design
consultants
that,
following
acceptance
by
the
City,
all
construction
drawings
or
technical
reports
accepted
by
the
City
(exclusive
of
architectural
building
plans)
shall
become
the
property
of
the
City.

Once
accepted,
these
plans
may
be
freely
used,
copied,
or
distributed
by
the
City
to
the
public
or
other
agencies
as
the
City
may
deem
appropriate.

An
acknowledgement
of
this
requirement
from
the
design
consultant
shall
be
included
on
all
construction
drawings
at
the
time
of
plan
submittal.

6. Irrevocable
Offers
of
Dedication
shall
be
offered
over
all
private
roads
and
driveways
on
the
Final
Map
.

May 6, 2025, Item #4
9 of 32
Resolution No. 24-013

Page 6 ends

7. Public utility easements for proposed public water and sewer are to be dedicated to the City on the Final Map. Clear access to City meters, fire hydrants, manholes and maintenance structures is required.

8. Easements will be required for all public facilities and access onsite. This may include, but is not limited to: easements for utilities, streets, sidewalks, trails, and a public access easement over open space lot 1 on the south side of Oak Knoll Road.

9. A private road maintenance agreement shall be executed. The applicant shall submit any necessary legal descriptions and plat maps for the agreement. The agreement shall include all private roads from the proposed driveway to the nearest public road. The agreement shall be in a form satisfactory to the City Attorney.

10. If there is an instrument for Covenants, Conditions, and Restrictions (CC&R), which addresses construction and maintenance of the private road, slopes, utilities, drainage, or accesses in the subdivision, said CC&R shall be reviewed by the City prior to recordation.

11. A mylar copy of the Final Tract map shall be provided to the City within three months of its recordation or prior to building permit issuance, whichever comes first. A cash deposit to the City, in an amount equivalent to $100.00 per sheet of the Tract Map, for the mylar reproduction of the recorded Tract Map shall be posted.

12. A monumentation bond in an amount acceptable to the City Engineer shall be posted.

13. Within 30 days after City Council approval of the Final Tract Map, the subdivider shall pay the City the sewer connection fee.

14. The applicant shall pay the drainage impact development fee in effect at the time of subdivision.

15. Improvement plans prepared on a City of Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City's project engineer, in accordance with the submittal and content requirements listed in the PMC shall be approved.

Submittal shall be made to the Department of Development Services Engineering Division. The improvement design shall be 100% complete at the time of submittal and ready for approval. The submittal package shall include, at a minimum, the following:
a. A new public pedestrian access and trail shall be provided on the eastern edge of the project boundary to provide future access to the adjacent commercial properties.
b. Public sewer improvements connecting all 63 units to the nearest public sewer main in Oak Knoll Road.
c. Public water improvements including fire hydrants and related May 6, 2025, Item #4
10 of 32
Resolution No. 24-013

Page 7 ends

appurtenances connecting all 63 units to the public water main located in Oak Knoll Road and Roca Grande Drive.
d. Public road, sidewalk, and street light improvements along Oak Knoll Road. e. A pedestrian crosswalk to include signage, striping and rectangular rapid flashing beacons shall be installed on Oak Knoll Road.

16. The project requirements for fire protection specify the installation of fire hydrants and expansion of the water system necessary to support the installation of the hydrants. If the water system shown on the approved plans is modified, a new Water System Analysis may be required for the final design of the proposed water system expansion. Applicant shall pay for the cost of preparing the analysis prior to submittal of improvement plans.

17. If the sewer system as shown on the approved plans is modified, a revised Sewer Study shall be submitted to the City. The sewer study shall be reviewed and approved by the City prior to improvement plan approval.

18. The public improvement plan shall be approved. The applicant shall enter into a Standard Agreement for public improvements for the work to be done as part of the Public Improvement plan. The applicant will be responsible for posting securities for monumentation and public improvements.

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

20. Easements shall be shown for Homeowner's Association (HOA) maintenance access to the private storm drain and structures on lots 6 through 11 and 64.

21. A new water easement will be required at the end of Roca Grande to encapsulate the relocated/new fire hydrant.
(Planning)

22. A General Plan Trail is required within the proposed project. The applicant shall include a minimum eight-foot-wide public access improvements. An eight-foot­ wide public access easement shall be recorded over that portion of land.

23. Provide a Maintenance Exhibit for all site areas clearly indicating the responsible maintenance entities (HOA, City, other).

24. HOA shall be formed and CC&R's recorded.

25. Public access easements shall be provided to all publicly accessible areas, including streets, trails, and the OS-1 area as indicated in the HRSP.

26. The project will require a minimum six-foot landscape easement along the frontage of the new single-family homes to protect and maintain the required street trees in May 6, 2025, Item #4
11 of
32 perpetuity
.

Resolution
No.
24 -013
Page
8 27.

All
proposed
project
street
trees
shall
be
maintained
by
the
HOA,
with
maintenance
requirements
provided
in
the
CC&Rs
.
28 .

The
proposed
Oak
trees
at
the
locally
designated
historic
home
shall
be
protected
in
perpetuity
, either
through
an
easement
or
deed
covenant
to
the
satisfaction
of
the
Director
of
Development
Services
.

29. Permanent
deed
restrictions
shall
be
executed
restricting
future
development
of
the
open
space
to
that
specified
in
HRSP
and
prohibiting
future
increases
in
residential
density
to
the
satisfaction
of
the
Director
of
Development
Services
.

30. If
the
project
will
be
phased,
the
applicant
shall
be
responsible
for
presenting
a
phasing
plan
to
the
satisfaction
of
the
Development
Services
Director.

31. CC&Rs
for
the
HOA
shall
be
submitted
to
the
City
for
review
and
approval
to
the
satisfaction
of
the
Director
of
Development
Services
and
shall
be
written
to
the
satisfaction
of
the
Director
of
Development
Services
. The
CC&Rs
shall
include
the
conditions
herein
to
the
satisfaction
of
the
Director
of
Development
Services
and
shall
be
recorded
prior
to
or
concurrent
with
the
final
map
and
shall
include,
but
not
be
limited
to
the
following:
a.

The
formation
of
an
HOA
with
maintenance
responsibilit
ies
is
required
.
b.

The
CC&Rs
shall
identify
and
implement
the
Best
Management
Practices
(BMP)
identified
in
the
Stormwater
Quality
Management
Plan
(SWQMP)
prepared
for
this
project
and
state
that
the
Developer,
Current
and
Future
Property
Owners
shall
comply
with
the
recommendations
of
the
SWQMP
prepared
for
this
project
to
the
satisfaction
of
the
City
Engineer.

Funding
of
the
long-term
maintenance
of
all
facilities
required
by
the
SWQMP
shall
be
included
in
the
annual
HOA
budget.
c.

CC&Rs
shall
include
on-going
maintenance
of
landscaping
and
irrigation
(private
and
within
public
ROW)
of
slopes,
parkways
and
open
space
areas
as
illustrated
on
the
approved
landscape
and
irrigation
plan
. This
plan
shall
be
included
in
the
CC&Rs
. All
landscaping
shall
be
well
maintained
in
a
healthy
growing
condition
at
all
times
in
substantially
the
same
condition
as
approved
in
accordance
with
the
approved
landscape
and
irrigation
plans
.

Sprinkler
heads
shall
be
adjusted
so
as
to
prevent
overspray
upon
the
public
sidewalk
or
the
street.

The
proposed
sprinkler
heads
shall
be
installed
behind
the
sidewalk,
and
the
irrigation
ma
inline
upon
private
property
only
,
as
required
by
the
City.

The
HOA
or,
its successors
or
assigns,
shall
remove
and
relocate
all
irrigation
items
from
the
public
ROW
at
no
cost
to
the
City,
and
within
a
reasonable
time
frame
upon
a
written
notification
by
the
City
Engineer.

An
Encroachment,
Maintenance
, and
Removal
Agreement
shall
be
notarized
and
recorded
prior
to
recordation
of
the
final
map
or
building
permitting.

The
City
will
provide
the template
for
the
agreement.

All
landscaping,
including
areas
within
the
adjacent
public
ROW,
shall
be
adequately
irrigated,
and
permanently
and
fully
maintained
by
the
HOA
at
May 6, 2025, Item #4
12 of 32
Resolution No. 24-013

Page 9 ends

all times in accordance with the requirements of the City of Poway Landscape and Irrigation Design Manual. Trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain the health of the trees and to protect the public safety. Trees should be trimmed or pruned as needed to develop strong and healthy trunk and branch systems. Tree maintenance and pruning shall be in accordance with "American National Standard for Tree Care Operations" latest edition (ANSI A300). Trees shall not be topped, and pruning shall not remove more than 25 percent of the trees' leaf surface.
d. Street trees along the roadway shall not obstruct the ability of fire apparatus access and fire department aerial operations. Tree height and type should be considered in the ultimate landscape design.
e. Operational recommendations of the Mitigation Monitoring and Reporting Program (MMRP), including the traffic study shall be incorporated into the CC&Rs.
f. Provide Community-Based Travel Planning. The project HOA shall provide alternative modes of transportation information to residents and tenant as a part of the "New Resident" or "New Tenant" package. The HOA will also provide residents with transit schedules within the area, and alert residents when new transit services are added, or services are charged. The HOA will also act as Travel Advisor, providing new residents and tenants with information regarding how members of households can travel in alternative ways that meet their needs.
g. Immediate removal of graffiti and any other type of offensive debris is required.
h. The exterior colors and materials shall be substantially consistent with the color and material board submitted with the application to the satisfaction of the Director of Development Services. Any modifications to the color and materials sample board shall be submitted for review and approved to the satisfaction of the Director of Development Services.
i. All garage doors shall be automatic roll-up type doors and equipped with remote control devices.
j. All garages shall be available for required off-street parking (20-foot-wide by 20-foot-deep interior clear space) at all times except that minor projections are permissible where it can be found that the projections would not hinder the placement of a vehicle within the area.
k. Parking on-site is only permitted within designated parking spaces and within the dwelling units' garages and driveways.

I. No on-site parking spaces shall be assigned.
m. Maintain the drainage facilities and any access easements (where they occur) on the property.

May 6, 2025, Item #4
13 of
32 Resolution
No.
24-013 Page
10 n.

All
light
fixtures
shall
be
designed,
shielded,
and
adjusted
to
reflect
light
downward,
away
from
any
road
or
street
, and
away
from
any
adjoining
premises.
o.

The
property
shall
comply
with
all
performance
standards
relating
to
the
generation
of
noise,
glare,
dust,
and
odor.
p.

If
any
fire
hydrant
is
taken
"OUT
OF
SERVICE,"
the
Fire
Department
shall
be
notified
immediately
and
the
hydrant
marked,
bagged,
or
otherwise
identified
as
"OUT
OF
SERVICE"
as
directed
by
the
Fire
Marshal.
q.

Designated
fire
apparatus
streets
and
turn-arounds
shall
be
maintained
accessible
and
usable
by
emergency
vehicles
. Usable
conditions
include
but
are
not
limited
to
the
following
:
i.

An
all-weather
road
surface
shall
be
maintained.
ii.

Road
shall
support
imposed
loads
of
fire
apparatus
at
75,000
pounds.
iii.

No
parking-fire
lane
signs
shall
be
repaired
or
replaced
as
needed
.
iv.

Fire
lanes
shall
remain
free
at
all
times
of
any
obstruction
including
but
not
limited
to
: vehicles,
storage
, debris,
etc
.
v.

Fire
lane
or
hammerhead
turn-around
shall
maintain
an
unobstructed
width
of
20 feet
and
a
minimum
13 '
6"
vertical
clearance.
vi.

Grades
exceeding
12 percent
shall
be
concrete
with
a
deep
broom
finish
perpendicular
to
the
access
roadway.
vii.

Fire
Department
approval
and
conditions
are
required
for
fire
apparatus
access
roads
with
grades
between
10 percent
and
20 percent.
viii.

All
required
fire
access
roads
and
turn
arounds
shall
have
a
minimum
28 foot
turning
radius
or
as
approved
by
the
fire
code
official.
r.

Safety
features
including
fire
sprinklers
,
ignition
resistant
construction,
smoke
and
carbon
monoxide
detectors
and
fire
resistive
landscap
ing
sha
ll
be
maintained
in
accordance
with
California
Fire
Code
, California
Building
Code,
California
Vehicle
Code
(fire
lanes),
City
Municipal
Code
and
any
other
applicable
codes.
s.

All
trash
and
recycling
receptacles
are
required
to
be
within
the
individual
residence's
private
yards
at
all
times,
except
that
waste
containers
are
permitted
directly
outside
of
the
individual
dwelling
units
within
ten
hours
of
the
trash
pick-up
times
specified
by
EDCO
waste
and
recycling
company.

May 6, 2025, Item #4
14 of 32
Resolution No. 24-013

Page 11 ends

t. Rooftop mechanical equipment, including but not limited to heating, air conditioning and ventilating equipment, shall be screened so that it may not be seen from the level of adjacent streets and sidewalks. u. The use of barbed wire or razor ribbon on any fences, gates, or walls is prohibited.
v. Five-foot high fencing shall be maintained on all residential properties around rear privacy yards on the property lines or at the top of slopes except when attaching to the residences.
w. Ongoing maintenance of any onsite private sewer and water systems is required to the satisfaction of the Director of Safety Services and the Director of Public Works.
x. The CC&Rs shall clearly establish the responsibilities of the individual homeowners and the HOA with regard to the continuing maintenance and preservation of the project.
y. The CC&Rs shall give the City the right but not the duty to enter the premises to do maintenance and levy assessments if the homeowners fail or refuse to maintain said facilities.
z. Amendments to the CC&Rs that affect any requirement of this resolution shall require express written consent of the City.
aa. Common open space areas shall be well maintained at all times (e.g., bike racks, barbeques, tables, landscape and signage).
bb. New swimming pools shall be covered when not actively in use. cc. All gates and fences on the properties shall be regularly maintained, secured and repaired. All gates granting access to City utility easements shall be maintained and accessible to City staff with use of a City approved padlock, issued or placed by Poway's Public Works Department. dd. All swimming pools shall be adequately secured from access and maintained in a safe condition. Inspection staff employed with the County of San Diego Vector Control Division shall be granted regular access to inspect swimming pools and landscaping ponds on the properties as needed or investigate other vermin/vector related concerns on the properties. ee. Signs prohibiting recreational vehicles or trailers shall be posted within parking areas. Signs shall indicate the consequences of violating the statute (towing, fines or citations), as well as the tow company's phone number. ff. RV and trailer parking is prohibited.
gg. All exterior structural colors and materials shall be consistent and compatible with the approved colors and materials board.

May 6, 2025, Item #4
Resolution No. 24-013

Page 12 ends

(Public Works)

32. Clear access to City meters and an appropriate access easement is required.

33. Sewer alignments are conceptual and a detailed improvement plan in compliance with manhole spacing is required to be reviewed and approved.

I. Prior to Grading Permit issuance, unless other timing is indicated, the following conditions shall be complied with:
15 of 32

1. A Floodplain Development Permit for all grading and improvements in the regulated floodplain and/or floodway shall be approved and issued prior to grading permit issuance. All applicable fees shall be paid prior to floodplain permit issuance.

2. If the project is phased, the applicant will be responsible for presenting a phasing plan to the satisfaction of the City Planner and City Engineer. The applicant shall enter a covenant for private improvements to establish the timing of the installation of the private improvements.

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

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

4. Retaining walls shall be placed a minimum of six-inches from the edge of a property line to ensure that footings will not cross over property lines.

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

6. Water Quality Control -Drainage and Flood Damage Prevention; A drainage study addressing the impacts of the 100-year storm event prepared by a licensed Civil Engineer is to be submitted and approved. The study shall evaluate existing and proposed hydrologic and hydraulic conditions to the satisfaction of the City project engineer.

7. Water Quality Control -Design and Construction; The project shall comply with the City and Regional Water Quality Control Board stormwater requirements. The project is considered a Priority Development Project and will be subject to all City and State requirements. Two copies of a final Storm Water Quality Management Plan (SWQMP) prepared by a registered Civil Engineer is to be submitted and approved.

May 6, 2025, Item #4
16 of 32
Once the final SWQMP is approved;
Resolution No. 24-013

Page 13 ends

a. Provide two copies of an Operation & Maintenance (O&M) plan in accordance with Chapter 16.104 of the Poway Municipal Code, and a signed PDF version. b. Property owner shall execute an approved Storm Water Management Facilities Maintenance Agreement accepting responsibility for all structural BMP maintenance, repair and replacement as outlined in the Operations and Maintenance plan. The operation and maintenance requirements shall be binding on the land throughout the life of the project as outlined in section

16.104 of the PMC.
c. Upon approval of the SWQMP, provide a PDF version.

8. Water Quality Control -Construction Storm Water Management Compliance; If the project proposes to disturb an area greater than 1 acre, proof of coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity shall be provided to the City along with a copy of the Storm Water Pollution Prevention Plan (SWPPP).

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

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

11. Any existing and proposed public easements shall be depicted on the grading plans.

The proposed public easement dedications shall be recorded prior to grading permit issuance if not already dedicated on the Final Map.

12. Any private improvements within any publicly held easement or ROW may require an encroachment agreement as determined necessary by the City Engineer. All necessary encroachment agreements shall be approved and executed prior to grading permit issuance.

13. Following approval of the grading plans, posting of securities and fees, and receipt of three copies of the approved plans, the applicant shall attend a pre-construction meeting at the Department of Development Services. The scheduling request shall be submitted on a City standard form found at
https://poway.org/DocumentCenterNiew/10254/Preconstruction-Meeting-Request­ Fillable?bidld= along with three copies of the approved grading plans. The applicant's action plan that identifies measures to be implemented during construction to address erosion, sediment and pollution control will be discussed.

Compliance for sediment control shall be provided as directed by the project inspector.

14. Prior to start of any work within a City-held easement or ROW, a ROW Permit shall be obtained from the Engineering Division of the Development Services Department.

All appropriate fees shall be paid prior to permit issuance.

May 6, 2025, Item #4
17 of 32
Resolution No. 24-013

Page 14 ends

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

16. Letters of permIssIon from adjacent properties owners or easements for any proposed work on adjacent properties shall be provided.

17. Gates shall be provided between lots 6 through 11 and 64 to allow for HOA maintenance and access of the private storm drain and easement on said lots. Gates shall also be provided for maintenance access to the catch basins near the eastern property line of lots 8 and 11.
(Planning)

18. The proposed project shall comply with all mitigation measures established under the certified FEIR as specified in the MMRP.

19. Mitigation measures recommended in Section 7 of the biological resources report shall be adhered to during and prior to site construction and shall be shown on the grading plans as appropriate.

20. Traffic signage including speed limits, parking restrictions, stop and yield signs etc. shall be shown on the grading plans.

21. A minimum 42-inch fencing, with no greater than two-inch openings is required adjacent to drops greater than 30 inches.

22. Trail identification signs are required at the entrance along Oak Knoll Road at the time easements are obtained to connect to Poway Road.

23. All refuse areas shall have a trash enclosure as applicable and provide for recycling and compost bins (SB 1383). Refuse containers for residential uses shall be stored outside the front yard setback area behind fences with gated access.

24. Show the location and height of all retaining walls showing changes in heights.

Provide details of all engineered walls. The sum total of any combination of fence or wall and retaining wall shall not exceed the height allowed within the HRSP.

25. Driveways shall be a minimum of 20 feet wide by 20 feet deep sufficient for two vehicles.

26. All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where necessary. Pad-mounted transformers and/or meter box locations shall be included in the site plan with any appropriate screening treatment.

May 6, 2025, Item #4
18 of 32
Resolution No. 24-013

Page 15 ends

27. Label and dimension all surface improvements (e.g., walkways, patios, landscape areas).

28. A Tree Removal Permit shall be obtained prior to the removal of all existing trees. If the trees are proposed to be removed during the recognized nesting season for birds (February 15 and August 15), a nesting bird survey shall be conducted by a qualified biologist and report the findings in writing to the City. Between February 15 and August 15, removal of trees containing nests shall be delayed until such time as the nest(s) have been abandoned unless the removal can be completed in accordance with California State codes and the Federal Migratory Bird Treaty Act of 1918.

29. Landscape and irrigation plans shall be submitted and shall be approved to the satisfaction of the Director of Development Services. The landscape and irrigation plans shall demonstrate compliance with the City of Poway Landscape and Irrigation Design Manual, Chapter 17.41 PMC and the HRSP, including the front yard landscaping of the 63 new single-family residences and substantial conformance to the approved conceptual landscape plans, and all other applicable standards and ordinances in effect at the time of landscape and irrigation plan check submittal. To the satisfaction of the Director of Development Services, the landscape plans shall also provide the following:
a. Parking areas shall be screened by buildings, slopes, berms, dense landscaping, and/or similar treatments designed to adequately screen said parking areas from residential properties.
b. The landscaping plan shall incorporate a minimum of one 24-inch box tree for every 30 feet of frontage along the public right-of-way. c. A minimum of one 15-gallon tree, per City specification, shall be provided for every three parking spaces. Said trees shall be located to provide shade cover for the vehicles where practical.
d. The plans shall include shrubs to provide screening of the parking areas as seen from adjacent public streets.
e. Parking areas shall be screened by buildings, slopes, berms, dense landscaping, and/or similar treatments designed to adequately screen said parking areas from residential properties.
f. Special attention shall be given to provide landscaping that enhances the intersection corners.
g. Landscape plan shall indicate that sight distance restricted areas at intersections. Add a note that no landscape materials over 30 inches in height shall be placed in sight distance restricted areas.
h. The removal of one existing mature tree shall be replaced on-site with the planting of a 36-inch box sized tree of a species per the tree removal permit to the satisfaction of the Director of Development Services. The trees shall be planted per the approved landscape plans for the development project or May 6, 2025, Item #4
19 of 32
Resolution No. 24-013

Page 16 ends

if this project is abandoned, the trees shall be replaced according to a tree replacement planting plan reviewed and approved to the satisfaction of the Director of Development Services.
i. A modification to the number or sizes of the tree replacement requirement may be approved by the Director of Development Services as part of the landscape plan review, except where otherwise specified in the FEIR. Please provide a written request to modify this requirement that outlines the reasons of the request. ii. The replacement trees shall be planted prior to obtaining occupancy or within 24 months of their removal, whichever comes first pursuant to the approved phasing plan to the satisfaction of the Director of Development Services.
iii. The ratio of 15-gallon trees to 24-inch boxed trees or larger shall be four to one (4:1).
iv. The landscape and irrigation plan submittal from are a separate submittal from other project plan check submittals and is made directly to the Planning Division. Contact the Planning Division for copies of applicable standards, the landscape and irrigation plan submittal checklist and the plan review worksheet. Landscape and irrigation plan review fees are required and are the responsibility of the applicant. Any landscaped areas within the public right-of-way shall be permanently and fully maintained by the owner of the private property adjacent to the public right-of-way where the improvements are located to the satisfaction of the Director of Development Services.
v. A Lighting Plan shall be included within the landscape drawings showing light location and type and areas of illumination with brightness and color limits. Include lighting for all roadways, pedestrian areas and recreational areas. Low intensity lighting and generous landscape buffering is recommended between proposed lights and adjacent residential, particularly existing residential.

Lighting shall be provided to adequately illuminate building entrances, access areas, parking areas, walkways (including the community trail).
(Public Works)

30. All stormwater assets, bio filtration and conveyances within the property lines will be private and the responsibility of the property owner for maintenance and repair. This will also include the vegetation abatement along the private creek that conveys through parcel 1-5.

31. Trees planted within the ROW shall have root barriers installed.

32. This project will share a perimeter border with the Kumeyaay IPA! Interpretive Center. This park is open and should be protected during construction. The applicant May 6, 2025, Item #4
Resolution
No.
24-013 Page
17 shall
ensure
trash,
debris
and
possible
water
run-off
is
not
directed
to
the
city
park
.

J.

Prior
to
building
permit
issuance,
unless
other
timing
is
indicated,
the
following
20 of
32 conditions
shall
be
complied
with:
(Engineering) 1.

The
Final
Map
shall
be
recorded
.

2. The
site
shall
be
developed
in
accordance
with
the
approved
grading
plans
on
file
in
the
Development
Services
Department
and
the
conditions
contained
herein
.

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

3. Erosion
control
shall
be
installed
and
maintained
by
the
developer
from
October
1 to
April

30. The
developer
shall
maintain
all
erosion
control
devices
throughout
their
intended
life.

4. Applicant
shall
obtain
a Grading
Permit
and
complete
rough
grading
of
the
site
. The
grading
shall
meet
the
approval
of
the
Engineering
Inspector
and
the
project's
geotechnical
engineer.

Following
completion
of
rough
grading,
please
submit
the
following:
a.

Two
copies
of
certification
of
line
and
grade
for
the
lot,
prepared
by
the
civil
engineer
of
work.
b.

Two
copies
of
a
soil
compaction
report
for
the
lot,
prepared
by
the
project's
geotechnical
engineer.
c.

The
certification
and
report
are
subject
to
review
and
approval
by
the
City.

5. Prior to
start
of
any
work
within
a
City-held
easement
or
ROW,
a
ROW
Permit
shall
be
obtained
from
the
Engineering
Division
of
the
Development
Services
Department.

All
appropriate
fees
shall
be
paid
prior
to
permit
issuance.

6. The
applicant
shall
pay
all
applicable
development
impact
fees
in
effect
at
time
of
permit
issuance.
(Planning) 7.

The
proposed
project
shall
comply
with
all
mitigation
measures
established
under
the
certified
FEIR
as
specified
in
the
MMRP
.

8. The
proposed
project
shall
include
a
maximum
of
63 new
single-family
residences
.

9. All
single-family
residences
shall
include
sufficient
roof-mounted
solar
to
cover
the
estimated
electric
use
of
each
residence.

10. All
new
private
roads
serving
three
or
more
parcels
shall
be
named.

Road
name
signs
shall
comply
with
City
of
Poway
Supplemental
Engineering
Standards,
Street
May 6, 2025, Item #4
Sign Specifications.

Resolution No. 24-013

Page 18 ends

11. The site shall be developed in accordance with the approved grading plans on file in the Development Services Department and the conditions contained herein.

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

12. The applicant shall comply with the !ates Uniform Building Code, National Electric Code, Chapter 17.07, and all other applicable codes and ordinances in effect at the time of permit issuance.

13. School impact fees shall be paid at the rate established at the time of Building Permit issuance. Please contact the Poway Unified School District for additional information at (858) 679-2570.

14. An Affordable Housing In-Lieu Fee of $500 for each residence (63) shall be collected prior to the Building Permit issuance.

15. Each new residence shall be equipped with low flow plumbing fixtures.

16. All garages shall provide a minimum of 150 cubic feet of overhead storage racks to encourage parking within the two-car garages.

17. A photometric analysis shall be provided after lighting installations to restrict light trespass and limit glare onto the adjacent public roads and onto existing neighboring properties to the satisfaction of the Director of Development Services.

All light fixtures shall be designed, shielded, and adjusted to reflect light downward, away from any road or street, and away from any adjoining premises.

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

K. Prior to the issuance of a Certificate of Occupancy, the applicant shall comply with the following:
21 of 32
(Engineering)

1. The stormwater facilities shall be complete and operational prior to occupancy.

2. All applicable easement dedications and maintenance agreements are to be recorded prior to occupancy.

3. All final conditions associated with the floodplain development permit shall be completed to the satisfaction of the City Engineer.

4. The existing onsite overhead electrical poles and lines shall be undergrounded to the satisfaction of the City Engineer. This includes, but is not limited to the following:
a. The overhead electrical pole on the property line at the west terminus of May 6, 2025, Item #4
22 of 32
Resolution No. 24-013

Page 19 ends

Roca Grande Drive shall be removed/relocated along with the associated overhead electrical lines. Underground electrical service shall be provided to the home on 12705 Roca Grande Drive (with the property owner's permission).
b. The overhead electrical pole (and associated guy wire) along the western property line, adjacent to 12710 La Vista Way shall be
removed/relocated. Existing service to 12707, 12710 and 12711 La Vista Way must be restored.

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

6. All utility services shall be installed and completed by the property owner and inspected and approved by the Engineering Inspector. All new utility services shall be placed underground.

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

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

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

10. After completion of all work, record drawings for both the grading and improvement plans, signed by the engineer of work, shall be submitted to Development Services for review prior to a request of occupancy, per Section 16.52.1308 of the Grading Ordinance. Approval of all record drawings is required prior to issuance of occupancy and release of grading and improvement securities. Initial submittal of record drawings at least three weeks prior to a request for occupancy is recommended.
(Planning)

11. The proposed project shall comply with all mitigation measures established under the certified FEIR as specified in the MMRP.

12. Installation of public improvements shown on the approved improvement plans shall be complete and operational.

13. All Landscape, irrigation and exterior site amenities shall be installed pursuant to the approved phasing plan, prior to building permit final (certificate of occupancy), except as otherwise determined by the Director of Development Services. All exterior amenities shall be reviewed and approved to the satisfaction of the Director of Development Services and substantially similar or of better quality than conceptual images provided prior to building permit issuance.

May 6, 2025, Item #4
(Public Works)
Resolution No. 24-013

Page 20 ends

14. The public portion of the sewer laterals and sewer tie-ins shall be inspected via visual and Closed-Circuit Television (CCTV) inspection and approved by Public Works, Wastewater Utilities.

L. The applicant shall comply with the following requirements to the satisfaction of the Fire Department:
23 of 32

1. An approved water supply capable of supplying the required fire flow of 1500GPM for fire protection shall be provided to all premises upon which facilities, buildings, or portions of buildings will be constructed. A new water main and fire hydrant shall be located within 600 feet of the structure following an approved route. A water analysis shall be performed to establish the adequacy of the existing water main and all necessary system design to serve the project. Costs of the water analysis shall be the responsibility of the applicant.

2. The approved water supply for fire protection, either temporary or permanent, shall be made available as soon as combustible material arrives on site.

3. Fire apparatus access roads shall have an unobstructed, improved width of not less than 20 feet, except single-family residential driveways serving no more than two improved parcels containing dwelling units shall have a minimum of 16 feet of unobstructed improved width. In most cases, the City construction standards for streets (Chapter 12.20 PMC) will be more restrictive. The more restrictive standard shall apply. Vertical overhead clearance shall be a minimum of 13 feet 6 inches.

Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus not less than 75,000 pounds unless authorized by the FAHJ and shall be provided with an approved paved surface as to provide all­ weather driving capabilities. A paved driving surface shall mean asphalt, concrete, or permeable paving system. The turning radius of a fire apparatus access road shall be a minimum of 28 feet as measured to the inside edge of the improvement width or as approved by the fire code official.

4. Every building shall be accessible to Fire Department apparatus by way of access roadways with an all-weather, paved driving surface of not less than 16-feet of unobstructed width, with a roadway interior turning radius of not less than 28-feet capable of supporting the imposed loads (75,000 pounds) of fire apparatus with a minimum of 13-feet 6-inches of vertical clearance.

5. The approved fire apparatus access (driveway) for fire protection, either temporary or permanent, shall be made available as soon as combustible material arrives on site.

6. Fire apparatus access roads ( driveways) shall extend to within 150 feet of all portions of the exterior walls of the first story of the structure as measured by an approved route around the exterior of the building.

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

Grades exceeding 15 percent (incline or decline) shall be constructed of Portland Cement Concrete (PCC), with a deep broom finish perpendicular to the direction of travel, or equivalent, to enhance traction. The fire code official may require May 6, 2025, Item #4
additional mitigation measures where deemed appropriate.

Resolution No. 24-013

Page 21 ends

8. The angle of departure and the angle of approach of a fire access roadway shall not exceed seven degrees (12 percent) or as approved by the fire code official.

9. All dead-end fire access roads in excess of 150 feet in length shall be provided with approved provisions that allow emergency apparatus to turn around. A cul-de-sac shall be provided in residential areas where the access roadway serves more than two structures. The minimum, unobstructed paved radius width for a cul-de-sac shall be 38 feet in residential areas. The fire code official shall establish a policy identifying acceptable turnarounds for various project types.

10. Approved numbers/or addresses shall be placed on all new and existing buildings and at appropriate additional locations are to be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Address numbers shall contrast with their background and meet the City of Poway standards. The address is required at the private driveway entrance. Additional address numbers may be required where deemed necessary by the fire code official.

11. All automatic gates across fire access roadways and driveways shall be equipped with approved Knox gate key switch.

12. A residential fire sprinkler system with a one-inch meter is required. A separate plan submittal and approval to the Poway Fire Department, Division of Fire Prevention, prepared by a licensed sprinkler contractor or fire protection engineer is required for the residential sprinkler system prior to installation. There is a separate fee for this plan check and inspection services. If a one-inch lateral off the street main is currently not present, one will have to be installed. If a pressure pump is required for fire sprinkler operation, auxiliary power is required.

13. Smoke alarms shall be installed in all bedrooms and adjoining hallways. They shall be hard-wired, with battery backup, and interconnected.

14. Carbon monoxide alarms shall be installed in hallways adjoining bedrooms, and on each separate floor. The carbon monoxide alarms shall be hard-wired, with battery backup, and interconnected.

15. Each chimney used in conjunction with any fireplace shall be equipped with an approved spark arrester.

SECTION 8: The approval of TTM 22-0001 and DR 22-0003 shall expire April 2, 2026, at 5:00 p.m., unless prior to that time the final map is recorded and construction on the property in reliance on the TTM and DR has commenced unless prior to the expiration, a request for a time extension is submitted to the Development Services Department and a time extension is subsequently granted by the City Council. The final map conforming to this conditionally approved TTM shall be filed with the City so that the City may approve the parcel map before this approval expires.

SECTION 9: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure.
24 of 32
May 6, 2025, Item #4
Resolution No. 24-013

Page 22 ends

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 2nd day of April, 2024 by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:

ATTEST:

DE HOFF, EDMONDSON, PEPIN, VAUS
FRANK
NONE
NONE
NONE
-s-teve\laus, Mayor
L~~ Carrie Gallagher,CMC,cityci rk
25 of 32
May 6, 2025, Item #4
N
C'I
0 .....
w
N
l> -I
-I
l> n :c s: m
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-I
n
OWNER'S CERT1FICATE
WE" HtREBY STATE ~T WE ARE 1HE OWNERS OF, OR ARE. INTERESTrD IN, THE:

WK1 SUBON/OfD BY TJ/1S MAP NID WE" CONSfNr TO TH[ PREPMA.TION AND RECOR0400N OF THIS WP.

Wf HEHEBY DEDK:ATf TO THE PUBLJC ON< KHOU. ROAD FOR PUBLJC. STREET f.AS[I.IENT PURPOSES, AS SHOWN ON THIS ,i,w,.

Wf HERfBY DEDICATE: 1D THE CtrY OF POWAY THE PU8UC UT1U1Y AND MNHrEW,NCE .4CC£SS E.).S(MEN1S, THE PUBI..JC WAJIR fASEUEMS, THE PUBLIC OR,IJH4Gf fASf&IENT. AND TH£ PU8UC ACCESS fAfDIENTS, AS SHOWN ON THIS IW'.

Wf HEREBY W,K[ AN IRRrn)CABLE Off'fR OF 0EDIC),T10N 7D THE PUBUC OF PRIVATE S1RffT L01S 65, 66. 67, AHO 68 FOR PV8LJC STRffT WEUENT PURPOSES, AS SHOWN ON THIS MAP.

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TTn.£: ~v\o'~"l..<d,. ~c.,,,,,.,\. ~~.::-~ °"'"

SIGNATURE OMISSIONS STATEMENT
THE SIGNA.TVRfS OF THE PART1ES US1[I) BELOW, OWNERS OF o.sDIENTS FOR OOCUIIENTS IKJTro BEl.OW HA.VE" 8££N OMITTED UNDER THE PRCMSiONS OF SECOON 664J6, SUBSECOON {a)(JXA)f,) OF THE SUBOMSION MAP ICT, SINCE THEIR INTEREST JS SUCH 1™.T ff CWNOT RIPEN INTO A FEI TT1I.£ NIO SW SiGNATIJRfS AAE NOT R[Ol)IR£D BY THE GOVfRNIHG BOOY.

CITY OF POWAY, SUCCfSSOR TO THE COUNTY OF SAN DIEGO, HOlDE:R OF NJ £.ASOlENT RECORDED SEPTEMBER 12, 1905 AS OOOX JJO, PACE .ut, OF DEIDS.

G.C, ASHBY NJD W.sEl.. A ASHEJY, ET. AL, H0t.DERS OF NJ fASEMEHT R[CORDUJ Ff8RUARY 26, /959 m 000K 7517, PN;E 57, D.R.

S00.t£ HOI.OCR OF EASflJENTS RfCOROED .AUGUST J, 1971 AS /NS1'. IKJ. 170559 NJO AMENDED PER FIRST AMENOIJENT TD GRJ.NT OF CASDIENT RECORDED N<J'V£MBER 12, 2024 AS /HST. NO. 20U-OJ12698; ltNO FeBRLWrr 18, 1976 AS JNST. HO. 76-(J.46361 ANO AMENDED PER FIRST NJENDMEHT TO GRJ,NT OF EJSDIENT RECORDED NOVfMBE:R 12, 2024 AS JNST. NO. 2024-0312697, A1.1.. D.R.

CITY OF POWAY, SUCC£SSOR TO THE COUNTY OF SAN OifCO, HOLDER OF IRRB'OCABLE OFFERS ro DEDIC.AT£ £1,SDJENTS RECORDED AJJGUST IJ, 1960 AS /NSr, NO. 167951 ltNO NOVDIBER 30, 1960 AS INST. HO. 2JJ967, 801H O.R.

Df)JINA X. SCOTT, 1RUSITT: OF' 1HE DEANNA K. SCOTT SEPARATr PROParrY TRUST !MTED FEBRWJn' 22, 2017 (N<A THE DEANNA K. SCOTT SVfl\lMJR TRUST A.

ESTABI.JSHED UHOER THE UORTOH M. SCOTT NID DC.ANNA K. SCOTT fCAMILY TRUST OA,J'ED NOVEMBER 8, 198,f), ET. AL, HOLDERS DF J.N EASnlEHT RfCOROED SEPIDl8ER 4, 202, AS IHSTRUUENT NO. 2024-02J7469, O.R.

El

HUNSAKER
&ASSOCIATF5
ftJHCC'll'IP'WapialS-.

EJCHB.tC Sa~ Cl '2m
UYl'l'K:~~MW
R:\171.J\.t:M,p\f:M\fli' Hormall Rrmdl SHT Dl.d.g/]J/l:J/2()25 7:'4 AJJ[}W.O. 2167-<J14~ CITY OF POWAY TM 22-0001 HARMON RANCH
MAP
Bf/NC A SUBDMSION OF PORTIONS OF THE: SOUTHltm QUARTrR OF TH[ SOUTHfAST QUARTER NlD THC sourHWT QUARTER OF THE SOU1HWfST QU,I.RTER OF SfC110H 14, TOWNSHIP 1" SOUTH, RANGE 2 M:51, SAN 8ERNMDINO J.IERIDM, NX:ORDIHG TO THE omcw. Pl.AT THEREOF, TOGETHER wr7H A PORTION OF THE CfTY OF POWAY WJNT,'JNfD ROAD KHOWN AS OAK KHOU. ROAD, IN THE CITY OF P<:1NA.Y, CO<JHTY OF SAN DIEGO, STATE OF" CALJFORNIA SUBDMSION Gt.WWm'£ FURMSHED f1'f LENNAR 11TlL we ... ORDER HO. 192002-001558-01, Q,\T(D MARCH 6, 2025.

TOTAL MJIJBER or LOTS: 79. TOTAL ARE"A: Jl.5ra ACR!:S.

NOTARY ACKNOJrLEDGEMENTS
A NOTARY PUSUC OR OTH£R omcER COl,ll't.ETlNG THIS CE1mFJCATE' VCRJFl£S ONLY THE IDElfflTY Of" THE INDMDUAL WHO 5/CNED THE DOCUMENT TO WH/OI THfS CERTIFICATE' IS ATTACHED, J.ND NOT THE TRIJTHFlJUIESS, ACCURAr:Y, OR V)JJDITY OF n«T OOCUIIENT,
-~)
~OFOF!Nnl>,-. ) 7 20-1..C._ 8£FORE U~ --
OH t16ab 1
Jr,,iTII~ )"{\r,,it M,l"l
, HOTAHY PUeUC. PERSO""-Lr -= .Sk,eo S. l,e~,oq
WHO PROV£D TO ME ON THE 8'.SIS OF ~JJSFACTORY CVIDENCE TO BE THE PE:RSON(S) ltHOSE" l«ME(S) IS/ARE. SUBSCRIBED TO THE 1/tffli/N INST1Ml£NT NID 1'CKHOWUOGED TO ME ~T HE/SH[/THEY EXFCUTrn THE S'JJE 1H HIS/HER/7HDR AurHORIZED CJPACITY(IES), ANO 11-kT BY HIS/HCR/1Hf1R SIGHA.TURE(S) ON THE INSmUMENT THE PERSON(S), OR THE DmTY UPON 8EWJ.F" OF lt'HJCH THE PERSON(S) ACTED, EXECUTfD THE INSTRUJ.lfNT.

I CfRTffY UNDER PfNIJ..TY OF PfRJUf?Y UNDfR THE LA.WS OF THE STATE" OF CJ.LJFORNM. ~T THE FOREGOING PAAJ..GRAPH rs TRUE NJD CORRECT. lfflNESS MY HANO ltNO omcw. 5£AL
~
,,·_m:,,~
PRINT NIJIE:

Oime rllo6r AMml
PRINCIPAL "PUtCE OF BtJSINfSS: t.J\r.,fl(ot)C:,.. COUNTY COl.lwtSSION EXPIRATION D,ur: ,),.J" 01, 1.,1s
COMMISSION NUMBER:~~-----

NOTARY ACKNOWLEDGEMENTS
A. NOTARY PUBUC OR OfflER OFT1CER COMPt.£T1NG THIS CERTIF'ICATE: VERIF1£S ONLY M IDDIT1TY OF THE /NDMDUAL WHO SIGHED THE DOCUMENT TO 'NH/CH 1HrS CERT1FJC,1,Tf IS ATTACHED, ANO NOT THE TRUrHFULNESS, JCCURACY, OR V)JJOfTY OF THA.T DOCUMENT.
~OFOf"~~-1
OH ~4-r& /?,
;_;;:: §IL Li,, .ke

20..a,s:.. 8ETOR£ U. ---
A NOTNrt PVBUC, PERS™-1.Y APPE'MED t/.' (' i::Ov::,'g S, /ts J4 ltHO PROVED TO ME ON THE BASIS OF ~11SFAC70R'Y EYID!NCE TO BC THE PERSOH(.BJ l+ttOS( NAJ.1£(8'Tts/AR!' SUBSCRIBED TO THE ltfTHIH IHSTRUIIENT ltND ACKNOWl.£OGED TO WE JW,T HQ'SHE'/rHe'I' ,:XECtJTUJ TH£ SWE IN /j/$/R[R/T>IBR At/1HORIZED CN'ACITY(laj, N/0 lli,\T fJf 1/181H£R/rHEf1< Sl"™TURE(,ij ON THE JHSTRUMENT THE PERSOH{sJ: OR THE fN1rrY UPON 8DWF OF WHICH THE PERSON{,St' AC7lD, EXECUrrn THE IHSTRUMENT.

I CDmFY UHDCR PCNAJ..TY OF PfRJVfrf UNOER THE U.WS' OF TH£ STATE OF CALJF"ORJM THAT THE FORfGOING PNW;RJ.PH IS TRUE ltNO CORRECT. wrTHESS rt°' IWID AND omcw.. SE.AL
_jj}~
Pl.£AS£ PRINT N>Jlf:
)) C\-b ;s,.. L<&X'e
COOHTY

BOND AND ASSESSMENT CERTIFICATE
WE: COUNTY TRfASURER-TAX COL1£CTOR OF THE COUNTY OF S),N DfEGO. swr OF CAUFORHIA, AND DIRECTOR OF PUBUC WORKS OF SAJD COUNTY, HERWr CERTJFY THAT THfRE ARE NO UNP,W SP£CW. ASSfSSIIENTS OR BONOS lffilCH MAY BE P,W IN FULL, SHOWN BY 1HC BOOKS OF OUR OFFICES, AGAINST THE TR.4CT OR SUBDMSION OR ANY PAAT THEREOF SHOWN ON THE: ltNNEXCD MAP AND DESCRIBED IN THE OPTION THEREOF.
"""AkAll1STER
COUNTY TREJSURER­

TAX COLLECTOR
~- ~~
J-18-).0PS ™TE ; ___ _
~~~;.;,.!;tu.,.r ~-~
/NTFRIU OIR[CTOR FDR DI

OF PUBLJC WORKS
""''~z::,-

CITY CLERK'S CERTIFICATE
I, CARRI£ GA.LLAGHER, CITY ct.ERK OF THE: cm' OF POWAY, SW£ OF CALIFORNIA., HEREBY CDmFY ~T THE CfTY COUHCU. OF SAID CfTY HAS APPROVfD THIS SLJ80MSK)N W,P ON --------~- 20_ AND HAS ACCEPTED ON BEHALF OF THE PUflUC 04K KNOt.L ROAD FOR PU8UC STRITT EASDIENT PURPOSES; NID WiS ACCEPIDJ ON BEHALF OF TH[ crrr or POWAY TM:

PUBUC tmUTY ltNO • WJNTENAHCE ACCESS CASEMENTS, THE PUBUC WA TfR EASDl£NrS, THE PUBUC DR.)J}W;E F.ASOlENT. NiD THE PU8I.JC ACCESS ruDIENTS, AS DEDICATED OH THIS W.P; ltND ™-5 REJCCTfD ON BEHALF OF TUE PIJBLJC THE IRREVOCABt£ 01TIR OF DED~TIOH OF PRNA.TE smm LOTS 65, 66, 67, AHO 68 FOR PUBUC STRID EASOIENT PURPOSE'S, AS OFITRED ON THIS WJ'.

NOTE; SCC1/0N 664n.2 OF THE GOVERNIIENT CODE OF THE STATE' OF OJJFORNIA PROVIDES OOT A REJECTED OFFER 5™1.1. REWJN OPEN AND SUBJECT TO FUTURE N:CfPTAHCE BY THE ctrY.

PURSUANT TO SECOON 6li4J'(9) OF STATE" SUBDIVISION WP ACT TNE FOLLOWING EASEJ,IENT rs H£Rff1Y VACATEO;
1) EASEIIENT FOR P1Pf. UHF PURPOSE'S TO TH[ CfTY OF POWAY AS StJCC£SSOR IN IHTEREST TO POWAY UUN/CJP.A.L WATER DiSTRICT RECORDfD 7/19/1967 AS F1LE/PAG£. 105295, O.R.

CARRIE GI.I..LAGHER, CITY Ct.ERK, ctrY OF POWAY
(MTf: ____ _
NO.

SHEET 1 OF 7 SHEETS

SURYEYQR 'S STATEMENT
THtS ~ WAS PREPARED BY UE OR UNDER IIY DIRE:COON NID rs &ISED UPON A nEJ..D SUfMY IN CONrORWJK:E lt1TH THE: Rrou/REMENTS OF 1Hf SUBOMSION WP ACT AND LOCAL ORDINAHCf AT THE REQUEST OF TPC NJ DIC II {UH) CA 5, LP., ON DE.CEMBER 8, 2021, I HEREBY STATE JHAT SW SURVfY IS TRUE ltND COi/Pf.ET£ AS SHOWN, >XD JHAT ALL THE FOUND IIOHUMENTS ,l,Rf OF me CHAIUCTER NID OCCUPY TH[ POSlOONS IND/CA.TED AND TH,U J lt1U SET ALL OTHER MONUMENTS OF THE C!iARACTER J.ND A.T POSmONS INDIO,T£D BY THE t£GEND ON THIS J.L4P lt1THIH JO OA.l'S OF COUPLEOON OF THE REQUIRED 1/JPRO\.fl/ENTS, ANO H«T THE: MONUMENTS ARE OR WILL BE SUfflCIENT TO £lWJI.£ THE St/RID' TO BE RITAACED. (SE£ LIGEND OH SH£IT 2.) I HERfBY STAT£ 11-MT THIS FlHAL WP SUesTANnAUY CONF'ORMS TO THE APPROVfD OR CONDiTKWIJ..LY APPROVED IDfl'ATM WP, IF ANY.
~3-13-2D2S
J.llilORE,LS.84
CITY ENGINEER'S STATEMENf
I, JR.l,CY BEACH. CITY CNCINffR OF THE: CITY OF POWAY. STATr OF ~ STA.TE OOT I HA.YE DW,i/NED THIS WP CONSIS'T1NG OF 7 SHEETS J.ND mu THE:

SUBDIVISION AS SHOlm IS SUBST.wrw.LY THE SAM£ AS fT APPf,,4RS ON TH£ m«A~ UAP MO ,Wf APPRCN£0 AL.TrRATIONS THEREOF; 1™T AU PROVtSKJNS OF THE SUBDMSION UAP ACT AND NlY LOCAL ORDINI.NCES .APPUCA8i.£ AT THE TIME OF >PPR<N>J. OF THC rENT,UM W,P I«\.£ 8ffH CO&IPLIED 'MTN.

TRACY SfN:H, P.£ 73756
ctrt ENGINITR
"""-----

CITY ENGINEER'S TECHNICAL STATEMENT
I H[RfBY STATE ~T I ™\'f DGU/IH[I) THfS WP NIO I AM SUJSF'IED 1™.T THtS MAP IS TWiN/CAU.Y CORRECT.

PAUL £ GOEBEL. P.LS. 8486
"'"'----­

CLERK OF THE BOARD OF SUPERVISORS CERTIFICATE
I, ANDROf POTTER, CURI< OF rHE BOAAD Of' SUPOMSORS, HEREBY CEHTIFY ~T THE PROVISIONS OF 7Hf SUEJOMSION UAP ACT (OMSION 2 OF Tm.E 7 OF THf GOYERH>JENT CCDE) REGAROING (A) DEPOSITS FOR TAXES »ID (8) CER11F1C,'-TIOH OF THE ABSEHCE Of LJENS FOR UNPJJO STA.JI:. COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSE'SSUEHTS COUECTED AS TA.XE'S, EXCfPT THOSE NOT '!"ET PAY"81.£, /i,\Vf 8Wl CDIJPUED WITH.

ANDR£W POTTfR
a.£RK OF THE BOARD
OF SUPEKvlSORS
BY,DEPVn' :,=,,----------
OA.TE: ____ _
COUNTY RECORDER'S CERTIFlCATE
fl!£"°•--------
,. JORO,W z. w.RKS, COUNTY RECORDER OF THE COUNTY OF SAN MGO, STAT£ OF' CALJFORN1A.. HERfEIY CERTIFY 11-«T I 1«\'f ACCEPTED FOR RECOROA.OON m,s MAP F1t£D AT THC R£QUffi °i#_u_llY_J ..... Ff'_°"_'_"'_'•.:.:-=c,=a."'ocx,=-_-C:-,Y OF .J0RCJAN Z. w.RKS,

COUNTY RCCORDER
F£E,
BY, '°OO'UIY==---------PRINCIPAL PUCE OF BUSINESS: Seth bl~ CQ/,IUISS/OH EXP1RA""" """ ffiA-rtb 'II 0::1 B'.

COUU/SS/OHNIJUBER, ;J._'f8/'.,'j~ GRADING PLAN: G23-0026 CALIF. COORD. INDEX: 193-6314 (CCS 27)

CITY OF
POWAY FTM24-0001
May 6, 2025, Item #4
N
-..,I
0 .... w
N
II
/
/,._ I
/ ::: I
/ ~~ I
/ ~,
~~ I
!~ I
,. CARRIAGE ROAD CITY OF POWAY TM 22-0001
z+.. PARCEL 4 HARMON RANCH
l~;;;-,+---t-t-:---t---_.J PROCEDURE 9,F SURVEY
~ I i / i PARCEL 8 I ~-~
iii °' I I f-t-----/----7 w ,b\ ~
;;i g PARCEL 3 / / / A / / \ ----1 \ ,; "- I L O I
i;jll..: __ ...J.... __ --L_J-, A1 -t----t----,--,-~,.v. I I ]'-. 0) I gi : /i-1q· / / / ! ~ ~!7' I I 7 ':; I \ ,:f>
1 [le io"'L' j_ , 1 i!llr I s ,:; 1 --...,-1 ... ~
i :--- ___ _j -~ f I "' "' - I ';\'ii>
I /SOl"IJ'.50"W11N&;., I I PARCEL 7 I-PARCEL ••"'}?, ~10 & 1...\ o._-1 \ "'l..ca,.

NOl"<l'J8"E220.IXT I '1. I JO-~- ,~~- -\~I --<1; 7 <" % 189.58' 1 I /1 ? I ..,:g m2:\ ~,:f> \\
/190.0UI '" '- :---,----t,.__.,L'.'.:__j tiiP-1 I i ~ N06"ll:ifW1 Ill \ ~~~ I \ : -ii:i' I I 3 I 2 I ~JO.OU 'l. "~ \,
I ~ : fSOl"IJ'.50"W 24'.111/ I/ fSOt'JJ'_ll1'E J60.0t1/ I ;;! -._, It;;~ \ ~~ I f- IIOl'« 'OJ'E 2'J.•~ N070408"W 360.0/1 1'l ---' ~- \ I l 214.JU ....__ JJ8.J7 /JJ8.n' I i
PARCEL 2 I /214.1111 \ ~ Cl\ --!2_ \ io,. 11.,_,· •
: 1S5 ~.-~~,;g ~ -~~~3 I \
: NC'. ROS '70,, ~1 "' I "'~':;;,.._ I \
I \ --- ...:l\ --7~""''s•;:,..._ \ \ - 1 / PARCEL 6 \---------- ~ --'l\ 1-.l ,.,.o.,.:;,-.. "' I J I ~ . ~ I e~ .,. 's~ I ------+ A I t ~ll = ><:\ __ _J \ r...,~ / / ! A1° \- SW 1/4, SE 1/4, ;~~ ~><; \
'.'l,; ! c.lt19' - SEC 14, T. 14S, ---~ ...... :,¢;c3 I • N .,o"'r,------- -; R 2W SB M ~ .... .. ..
e~ t"j , - 1 • • • • • ~ ~"l hh' ~ - I-'
"'~ I / I \ • -'l! ':1':1 lliElot .; \o
~~PARCEL I, I ' ~~~ b ~ll!~t;fF",. ,~ I
lo I I \ N - <> u!:j!!!Zl)I; -
~- I I _ \:'. ii lo/!"' !l"'.·---\~'" \ <')
ei / // / PARCEL 5 I ---------r ?'. ~ ~g!j.,! \ll% \--r \ . \ ;i ~ ~ Si:gi!l~ i! I 1 I 1 ~ S.F.N.F. POiPf'JUArm Ar RECORD .r:. :- ~~~tt:~o.: \ MAP NO.

SHEET 2 OF 7 SHEETS

BASIS OF BEARINGS
THf ~ OF BtARJNCS FOR THrS SURVEY tS THE CALJFORHIA STA.1F PUNF COOROINA.rf MTDI NA.D BJ, ZONf 6, EPOCH 1991.35 ANO IS BASED ON THE CR/D BfNllNG BCTWffH STA.OOH HO. 580 NiD S'TA.TION NO. 581 PfR RECORD Of SUMY 14492.

1.£ N72'l5'00'(
R£FERDK:CD 8£ARIHGS FffOII OTHER DOCVIIDITS/DffDS '"'4Y OR ~y HOT Bf IN 1tRJJS OF ~O =mi.

TH( COAIBWro SCAU FACroR AT STA.OOH 5aO IS 0.99999588
GRID OISTNIC( • CR0UH0 DtSrNK:E X COMBiHED SCALE FACTOR -'LL OtSTAHCES SHOWN M£ CROtHD IJHl£SS OTHERMSE NOTm.

Ii
I!;
~
.LEJiE1iD
• ~~~m,~ ROS
'7/U, UN1£SS 01HERWISE NOTfD.
() F'OtJNO T IP STJJIPCD "RCC
JI IJB' PER WP NO. IJ270.
■ F1XJHD I.EAD NiO DISC STA.MPED

1.S 6668' P£R J,l,AP 14479.

CJ Ff'JUNO I.EAD NiO DISC STJMPED
'LS 2881' PER WP 4442.
4 ~t&r~,J,-!& v:#2'
PfR C.R. 27Jl4 .

S.F.N.F. S£>.RCHED FOR, HOTH/NG FWNO.
liSiIES
( ) ~ lkTA. PCR WP NO.

I J RECORD DUA PER MAP HO.
1"479.
( / RfCORO 04.TA. 1'CR R.O.S. 4704,
(( )) RECORO "'" P£JI P.U. mo.
fl ]) RECORD 04.TA. 1'CR WP .f.f-42.
< > R£C0RD 04.TA PfR WP IJ21 I.

II II RECORD "'" P£JI 'l1>USlrE'S
DEfD RECORDED 7/26/196J AS
DOC. NO. IJOroJ, O.R.

THE' TOTAL ~ WfTHfN 1HIS WP tS 11.510 ACRE'S.

THE' TOTAL HUUBCR OF LOTS IS 79.

WD
'SET
OR
,or
I I ~ \ 0/STJ.NCC OH RK;Hr OF WAY PfR 11socruw11 \ S.F.N.F.- I - I I I I v, FOUND IIOHINOOA.TIOH FROII N01'170l"f J00.87 - ""C:::- WP NO. 1J270. 217.82' 217.8(] BJ.00' S.\S) :$ \ i ·o \ ~ wi10 NOl'JJ'29"[ 887.48' fN0l'OJ"S(J"f 887.78'/ 90.00' 210,BZ' ! - 'irn 1 ...._. - -· C0RN£RS WILL 8£ J.IOHUUENTfD Eff A. 1/2' REBAR wrrH ALIJMINIJU ~ STNIPED 1S BfBJ".

10.00' .... NORTH S1DE'l.Wf Of aAA' KNOLL Ro.llJ

9. 75' ...... SOUTH UNf OF OAK KHOU. RCWJ
"'~!:/0 f5t.:~
"' ~"
§f
I:~
.,._
"' ~
"'
"' ~
"'
\, \ ':> SW //4, SE //4 ,
rl>-ic\~i" -- SEC. 14, T.14S, R.2W, S.B.M. __ --
S.F.
. ~~ ~
4, i
14, ~ .. t\
.2W,':,,4 :
\n~i~
. \1\
I§ i;

7.7!/ ...... WEST AND HOlf1H UNE OF PRNATr STREIT A.

J.75' ...... WT AHO SOI/TH LJNES OF PRNA.Tf Sma7S A. NIO B .f.75' ...... WEST UN( OF PRIVA.Tr smm B
-'LL CXSTANCES NIO/OR STRrrT tlt'1DTHS SHCMN ON THIS WP wrTHOUT DCCtW.I.. PO/Hrs f?fPRESENT OOT DISTANCE' TO ZUKJ HVHDREDTHS OF A. FT.JOT.

I.IHI.BS OTHfRWIS£ SHOMI, ALL ctRrES Mf TJJK;CNT ctJM:S'. "/, "'t,-
r-~· SE 1/4, SW //4 ,
SEC. 14, T. /4S, R.2W, S.8 .M.
~'=
'~
;~8_1_'.9

NON-PLOITABLE EASEMENT STATEMENT
TH£ E'ASOIENr TO THC CITY OF POWAY, SUCC6SOR TO THC
COUHTY OF SAN area. FDR PUBUC HICh'lt'A.Y PIJRPOSCS
RCCOROED SEPTDIBfR 12, 190.5 IN BOOK J10, PN'.iC ~.

OF OEEDS, HAS HO SPCOnC LOCAOON SIT fORTH IN THC
oaD NiD CAHNOT B( PWTTm OH MAP.

I
I
I
I
HUNSAKER I SU.F.
& ASSOCIATES ~-----~--L-
~ c::s::
100 0 100 200 JOO
~
5~1'•100'
I \
//4 .~~~,£;w 1.14\~ fr¥",,.,
SEC. 14,t:V\,:' T. l4S, ~i!i
F. R.2W, 'S'- S.B.M. ~si<\
\;al r,,~Si l'J ~~1~" I ~i:l J/i JO' VO 12\':::~ 13i;!, ~ ~ =z\ ~ i
< I " FD. 2' IRON PIP[ STAMPED "LS. 459T PER 0 \ _ _ _____ w:.--MAP HO. 1J211. SI0'04'2trw 0,55' F'ROII NOl'tl'JrE 217.80' ~ POSfTION fSTN3LJSHED HEREON BY RECORD \ ~
<S00'47'08'W 211.80'> \~t:fs =fOH~{ff,Ht1_0NC
ON< KNOU. R'GI.D.
--------------------
PROJE
~
LOCA
i
~~ ··-"tL
....
o\/1
"' ........ 't- \ \
11AJ,NC wr w.., Stia FD. J/4' IRON PfP£ WrTH DISC
~ s..~eamn ~~~HELDEHGFOR~~ GRADING PLAN: G23-OO26
CAIJF. COORD. INDEX: 193-6314 (CCS 27)

VICINITY MAP
NOTTOSCAL£
!ilrffl'INC~""5115»MM
~\l11J\,bq,\f.ll\f.ll HomttM Roneh~ SHr OZ.""ll)2/J/2(1ZS S;4T Ptl[JtY.O. Zl6T-OZ4$

CITY OF
POWAY FTM24-0001
May 6, 2025, Item #4
N
00 0 .... w
N
MAP NO.

CITY OF POWAY TM 22-0001 SHEET 3 OF 7 SHEETS
C ~11 i \
~~ I
/ 1a ,sg I 7 ~ I 19 \ ~ • I I I I I I I I I I I I

HARMON RANCH
INDEX SHEET \ I
I
211-----J67I 17116 15 I 14 I 13 I 12 I 11 110 I 9 I 8 I 7 I 6 1 64 20 I I I I I I I I I I I I I I J
l~66 --ru-----t-~ERTY-WAY ---+-------, \-
66 [D 4
25 26 27 28 29 32 33 34 35 36 • ~ 3
' I r---"-~ \
5 I ~
, 49 \ ~
43 42 41 40 39 38 37 ::i
"' _l_J__l__L_L~ww-1~-1,--L__j__L-,- ~
HARMON ROAD -~- - ~ --1--~-----,---65- ~ ti
c I G j 5o j 51 j 52 j 53 / 54 / 55 I 56 / 57 / 58 I 59 I F I
----=oiiiiiiiiiiiiii~ ~ c:::s:
~
80 120 180
I
SCALE 1"c 60'
1!11 HUNSAKER
llfll ~f~.~9~~I&S I

SHEET INDEX LEGEND
IHOIC4TES SUBDMSX)N 90(JN(W{y_
8J IHDICA.TES SHED' HI.NBUl {THIS SHffT ONLY}.
- - INDIC4TE:S SHEU Ull1TS {1H1s SHEET cwt..,,.
60 I
61 7
62 \ 63 )
E
I
II]
A
~/
PlNMC Vll7.,.....ba
eo,,m,,c S.~Cl«nn
sir.me ~fllllltS5I.WII
GRADING PLAN: G23-0026
CALIF. COORD. INDEX: 193-6314 (ccs 27)

CITY OF
POWAY FTM24-0001
R:\11'J\.W.,\fJl\fJI Hotmon Ronr.ti SHr OJ.d.,{}H/21/2024 2:54 PM[JW.O. 2167-0Z,fj .••• ·--·•·-··-···-···-·-··-----· ·--· ··--·-· ...

May 6, 2025, Item #4
N
I.O
0 -w
N
+, . ., -~
N8876'Jl"W 92.00'
56 J,864 SF
~
57 J,864 SF
N8876"Jl"W 92.0CT
58 lf) hN J,864 SF
"' (\J
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I
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MAP NO.

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2 -+------
SHEET 4 OF 7 SHEETS

EASEMENTS
& PUBLJC tlTIUTY >ND WJHTfH)HC£ ACCESS
W0/00 DEDICA.Trn ANO ICCEPTED HER!ON.
& PU8LJC ACCESS EAS£11£HT DEDtCATrD NiD
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SUBSEQUENT TRANSf'ER OF 1111.E.
,--:------7
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GRADING PLAN: G23-0026
CALIF, COORD. INDEX: 193-6314 (CCS 27)
JO 0
~

CITY OF
POWAY
30 60 90
I
SCALE 1"•30'
FTM24-0001
May 6, 2025, Item #4
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DflTA RADIIJS l£HC1H
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EASEMENTS
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IHSTTWUEHT NO. 2024-0Jl2698, 80TH O.R.
.& IRREYOCABt..£ OfffR OF ~ T10H FOR
PUBUC smm ruEMENT PURPOSES,
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TIWISffROFTlllL
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UPON SUBSEOUENT TRANSFrR OF mt£.
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AND 50-59

NOT TO SCALE
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CAIJF. COORD. INDEX: 193-6314 (ccs 27)

CITY OF
POWAY FTM24-0001
May 6, 2025, Item #4
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DEl.TA /WJiUS l I.DIG7H
07'14"J6'" 66.0U B.J4'
10'19'24" I 66.00' I 11.89'
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.& PUBUC UT1U1Y AHO WJHrVW-JCE ACCESS WfJr/00 DEDICA.Trn AND .ACCEPTU) HEREON.
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.& JCC£SS ruEMENr TO OQNNA K. scon: T1lUSTff OF THE 0£»/NA. K. scorr SlP~l'E PROPOlTY TRUST l'.M.l'ED FilJRW.RY 22. 2017 (AKA THf OCANNA K .

SCOTT SUfrrMJR TRUST A ffiMi.JSHED UHDfR THE: A/ORTON JI. SCOTT ANO DE.ANNA. K. SCOTT F.AJJ/LY TffUST l'.M.Trn NO\'O,IBER 8, 1984), IT. AL, RECORDED StPTDIBtR 4, 2024 .45 INSTRUIJE'NT NO. 2024-02J7469, O.R. 1,; f I ,.. I
J,878 SF
!!._88"15'57"W 92.26'
Sff SHEET 5
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& ~,,g:u~~[7~CU~AN~~C~~~l%
6 GRANT' OF £..ASEJJ[HT RfCOROED NOVD,18tR IZ 2024 AS /f.lSTRUU[HT NO. 2024-0Jl2697, 80TH D.R.
_£ IRREVOCABL.£ OFF£R Of Df()K;ATIOH FOR PUBUC STRffT E'ASEIJEHr PURPOSES, OFFtRED AND R[JECTfD H[REON.
~
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R-\171J\.tU,,p\lll\lll Hamtoti Randt SHr Ol.dwv{}2/4/2025 12:41 Pfl[Jw.O. 1167-<J14$ GRADING PLAN: G23-0026
CAIJF. COORD. INDEX: 193-6314 (CCS 27)

CITY OF
POWAY FTM24-0001
May 6, 2025, Item #4
w
N
0 .....
w
N
MAP NO.

CITY OF POWAY TM HARMON RANCH 22-0001 SHEET 7 OF 7 SHEETS •
SEE SHEET 4
</
PM 13265
I
I
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I
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-+-
CITY Of PoWAY MAINTAINED ROAll KN()'I/N ,S QA/( <NOLL ROAll IS NOT >" Off]CIAI.LY oa,,cAT£D ROAll NOR !<AYE [ASfMENTS BEEi' GRANTED TO TH£ CITY OR cOUf{TY FOR WE SAM£ >S PR£VlOIJSI-Y ~sc,.OSED fff ROS 470' >1'D StJBSEDlEl'T RECORfJS.

OAK KNOLL ROAD
NBY48'J7£ 2596.90'
~
PoRTIOII Of D>J< KN0<J. ROAll D£l'CATED TD
THE PlJBUC FOR ptJBUC sTR£ET EASEMENT
~pURP0SES ,t,NO ACC£PT0> HEREDN,
46J.ll' CITY Of ,OWAY MAINTAINED ROAi) KNOWN ,S QA/( <NOU. ROAll IS NOT >" Off]CIAI.LY DEDICA1£D ROAll NOR !<AYE (ASD/ENTS Brn< GRAtfl£0 TO THE aTY OR COUNTY FOO TH£ SAM£ AS
;;.,:v,ouscY i,sc,.OSED "' ROS ""' "'° suBSEDLEl'T ,,coROS, --+- ---------- --

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& PU8UC llntlTY NID WJHIDWIC£ ACCESS
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&~~c&~~:

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& EASDrlENT FOR. DRAINACC PURPOSES orncurn
AND ACCD'1!D HEREON.
& PROPOSED PRfVA.T[ ACCESS £:ASOIENT 70 BE
CfWITW 1D THE H<M UPON SUBS[QUENT
TRANSffR or Tm£.

MAP 13211

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CALIF. COORD. INDEX: 193-6314 (ccs 27)

CITY OF
POWAY FTM24-0001
-- ··· --·-- - ·-·---·---··---- ·-----
May 6, 2025, Item #5
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AG EN DA REPORT City of Poway
May 6, 2025
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Services~
Miguel Solano, Assistant Engineer
(858) 668-4652 or [email protected]

CITY COUNCIL
Award of Contract to HSCC, Inc., for the Neighborhood Sidewalks Garden.Road Project, Bid No. 25-007 and Determination the Project is Categorically Exempt from the California Environmental Quality Act {CEQA)
This action will award a construction contract for the Neighborhood Sidewalks Garden Road project to HSCC, Inc., the lowest responsive and responsible bidder. This project involves the construction of Americans with Disabilities Act {ADA) compliant concrete sidewalks along Garden Road, between Acton Avenue and Whitewater Drive.

Recommended Action:

It is recommended the City Council:
1) Award the contract for the Neighborhood Sidewalks Garden Road project to HSCC, Inc., in the amount of $221,550.00 and authorize the City Manager to execute the contract {Attachment A); and
2) Make a determination the project is Categorically Exempt from the California Environmental Quality Act {CEQA).

Discussion:

The Neighborhood Sidewalks Garden Road project involves constructing ADA compliant concrete sidewalks along Garden Road, between Acton Avenue and Whitewater Drive. The concrete work will install approximately 4,000 square feet of sidewalks, along with pedestrian access ramps, curbs and gutters. To minimize disruptions to school operations, construction will take place within Poway Unified School District's summer break, between June 13, 2025 and August 12, 2025, when school is not in session.

Bids were opened on March 12, 2025. A total of 12 bids were received for the construction contract, ranging as follows:
1 of 11
May 6, 2025, Item #5
Company
Total
Bid
Amount
HSCC,
Inc.
$221,550
.00
Tri-Group
Construction
and
Development,
Inc.
$250,000.00
Arch
2 Build,
Inc.
$258,091.68
Montano
Pipeline,
Inc.
$258,260
.00
LC
Paving
&
Sealing,
Inc.
$272,610.00
Sae!
Construction
Corporation
$273,020
.00
A.

B.

Hashmi,
Inc.
$278,300
.00
Quality
Construction
&
Engineering
Inc.
$285,000.00
Palm
Engineering
Construction
Company,
Inc.
$293,700
.00
Angus
Asphalt
Inc.
$295
,500
.00
Fordyce
Construction,
Inc
.
$299,400
.00
RGC
General
Engineering,
Inc.
$368,170
.00
The
low
bid
of
$221,550.00
submitted
by
HSCC
, Inc.
, is
an
acceptable
bid
that
is
responsive
to,
and
meets
the
requirements
of,
the
bid
specifications
. The
contract
time
for
this
project
is
25 working
days
with
an
engineer's
estimate
of
$319,120.00.

Environmental
Review:

Awarding
a
contract
for
sidewalk
improvements
is
not
a
"Project"
as
defined
under
Section
15378
of
the
California
Environmental
Quality
Act
(CEQA)
State
Guidelines;
therefore,
pursuant
to
the
CEQA
State
Guidelines
Section
15060(c)(3),
no
environmental
review
is
required.

Fiscal
Impact:

There
is
sufficient
funding
available
in
the
Neighborhood
Sidewalks
Garden
Road
project
account
(ST014)
to
award
the
contract
at
the
recommended
amount
with
funds
appropriated
from
the
Proposition
A
Transnet
70%
fund
(2230).

TransNet
funds
are
generated
by
a
half-cent
sales
tax
approved
by
San
Diego
County
voters
to
fund
transportation
projects
in
San
Diego
County.

The
City
proactively
planned
for
this
project
as
part
of
the
annual
budget process
.

Public
Notification:

Prior
to
construction,
staff
will
notify
the
school
and
residents
near
the
project
location
about
the
upcoming
construction
work.

The
Poway
Unified
School
District
has
already
been
notified
and
fully
supports
this
project.

Attachments: A.

Construction Contract
Reviewed/
Approved
By
:

Assistant
City
Manager
2 of
11 Reviewed
By:

Alan
Fenstermacher
City
Attorney
Approved
By:

Chr
~
City
Manager
May 6, 2025, Item #5
SECTION 8

CONSTRUCTION CONTRACT

CITY OF POWAY

NEIGHBORHOOD SIDEWALKS GARDEN ROAD
This Contract made and entered into this 7th day of May 2025, by and between City of Poway, a municipal corporation of the State of California, hereinafter referred to as "City" and HSCC, Inc. hereinafter referred to as "Contractor." The City and the Contractor, for the consideration hereinafter named, mutually agree as follows:

1. The complete Contract includes all of the Contract Documents, which are . incorporated herein by this reference, and include:
a. This Contract
b. Contract Addenda
c. Contract Change Orders
d. Instructions to Bidders, Proposal Requirements and Conditions e. Contract Specifications
f. Contract Plans
g. General Condition
h. Special Conditions
i. Standard Specification for Public Works, most current edition

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

3. Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following work of improvement: This project includes the construction of Americans with Disabilities Act (ADA) compliant concrete sidewalks on Garden Road, between Acton Avenue and Whitewater Drive. Concrete work will include approximately 4,000 square feet of sidewalk. The work will include, but is not limited to, the following: clearing and grubbing, grading, concrete sidewalk, concrete curb and gutter, plated curb inlet, asphalt pavement, pedestrian access ramp, landscape and irrigation restoration, sign relocation, traffic control and all related and necessary work as defined in the contract documents.
3 of 11
1 ATTACHMENT A
May 6, 2025, Item #5
The contractor is required to complete all work during Poway Unified School District's summer break, scheduled from June 13, 2025, to August 12, 2025.

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

5. City agrees to pay and Contractor agrees to accept in full payment for performance of this work of improvement as described, the stipulated sum of $221,550.00 the "Contract Price."
City agrees to make progress payments and final payment in accordance with the method set forth in the Special Provisions.

6. Contractor agrees to commence construction of the work provided for herein within Fifteen (15) Calendar Days after the date specified in the Notice to Proceed, and to continue diligently in strict conformance with Contract Documents and without interruption, and to complete the construction thereof within 25 Working Days after the date specified in the Notice to Proceed.

7. Time is of the essence of this Contract, and it is agreed that it would be impracticable or extremely difficult to ascertain the extent of actual loss or damage which the City will sustain by reason of any delay in the performance of this Contract. It is, therefore, agreed that Contractor will pay as liquidated damages to the City the following sum of $500.00 per Calendar Day, for each and every Calendar Days delay in finishing the Work in excess of the number of Working Days prescribed above. If liquidated damages are not paid, as assessed by the City, the City may deduct the amount thereof from any money due or that may become due the Contractor under this Contract in addition to any other remedy available to City.

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

8. In accordance with State of California Senate Bill No. 854, Contractor will maintain and will require all subcontractors to maintain valid and current Department of Industrial Relations (DIR) Public Works Contractor registration during the term of this project. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor's or any of its Subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise changed.

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

Travel and subsistence pay shall be paid in accordance with Labor Code§ 1773.1. 2 4 of 11
May 6, 2025, Item #5

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

11. Contractor and subcontractors shall comply with Labor Code § 1810 and § 1811 which stipulates that eight hours labor constitutes a legal day's work, and § 1812 which stipulates that the Contractor and subcontractors shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by them in connection with the work performed under the terms of the Contract. Failure to comply with these sections of the Labor Code will subject the Contractor to penalty and forfeiture provisions of the Labor Code§ 1813.

12. Contractor will comply with the provisions of Labor Code§ 1777.5 pertaining to the employment of apprentices to the extent applicable to this Contract. --13. Contractor, by executing this Contract, hereby certifies:
"I am aware of and will comply with the Labor Code § 3700 by securing payment for and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of the Contract. The City, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph."
Contractor further agrees to require all subcontractors to carry Workers' Compensation Insurance as required by the Labor Code of the State of California.

14. Contractor shall, concurrent with the execution of this Contract, furnish two bonds approved by the City, one in the amount of One Hundred Percent (100%) of the Contract Price, to guarantee the faithful performance of the work ("Performance Bond"), and one in the amount of One Hundred Percent (100%) of the Contract Price to guarantee payment of all claims for labor and materials furnished ("Payment Bond"). This Contract shall not become effective until such bonds are supplied to and approved by the City.

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

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

Contractor acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess insurance, personal and advertising injury coverage shall be triggered by an "offense" while 3 May 6, 2025, Item #5
6 of 11
bodily injury and property damage coverage shall be triggered by an "occurrence" during the policy period.
b. Contractor shall further procure and maintain at its own expense, until completion of performance, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers and agents and independent contractors in performing the services required by this Agreement.
c. Contractor shall further procure and maintain at its expense, until completion of performance, workers' compensation insurance providing coverage as required by the California State Workers' Compensation Law. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Contractor has no employees performing work under this Agreement. Contractor agrees to waive its statutory immunity under any worker's compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved with the Project to do the same.

Worker's Compensation Insurance:
o Contractor has no employees and is exempt from workers' compensation requirements.
o Contractor carries workers' compensation insurance for all employees. d. All policies required by this section shall be secured from insurers authorized to do business in the State of California with an "A" policyholder's rating or better and a financial rating of at least Class VII, in accordance with the current Best's Ratings.
e. Contractor agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Contractor enters into contracts or whom Contractor hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and, except for worker's compensation coverage, name as additional insureds the parties to this Agreement. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. f. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Contractor agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City's review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated.
4 May 6, 2025, Item #5
g. Contractor agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Project, Contractor shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City, and/or its officers, employees, servants, volunteers, agents and independent contractors, that result from such failure by Contractor.

16. a. Contractor shall provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times until completion of performance and acceptance by the City.
b. Notwithstanding any inconsistent statement in any required insurance policies or any subseqµent endorsements attached thereto, the commercial general liability and commercial vehicle liability policies shall bear endorsements whereby it is provided that the City, and its officers, employees, servants, volunteers, agents and independent contractors are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. c. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City, and its officers, employees, servants, volunteers, agents and independent contractors.
d. Each policy required herein must be endorsed to provide that the policy shall not be cancelled in coverage or limits (except by paid claims) unless the insurer has provided the City with 30 days prior written notice of cancellation. Contractor agrees to provide the City with 30 days written notice prior to any non-renewal or reduction in coverage or limits.
e. All insurance policies required to be provided by Contractor or any other party must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained or available to the City, and its officers, employees, servants, volunteers, agents and independent contractors.

17. a. Contractor shall defend, indemnify and hold harmless the City, its officers, 7 of 11
officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith) to the extent actually caused by the negligence of Contractor, Contractor's employees, subcontractors or independent contractors except for any such claim arising out of the negligence or willful misconduct of the City, or its officers, agents, employees or volunteers. 5 May 6, 2025, Item #5
b. The City does not, and shall not, waive any rights that it may have against Contractor under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein.

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

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

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

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

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

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

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

25. After completion of the work contemplated by this Contract, Contractor shall file with the City Manager an affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the project have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice that has been filed under the provision of the laws of the State of California.
6 8 of 11
May 6, 2025, Item #5

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

Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections.

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

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

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

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

30. a. Contractor shall, without disturbing the condition, notify City, in writing, as 9 of 11
soon as Contractor, or any of Contractor's subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions:
i. The presence of any material that Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code:
ii. Subsurface or latent physical conditions at the site differing from those indicated in the specifications: or
iii. Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.
b. Pending a determination by City of appropriate action to be taken, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. c. City shall promptly investigate the reported conditions. If City, through and in the exercise of its sole discretion, determines that the conditions do materially differ or do involve hazardous waste, and will cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, then City shall issue a change order.
d. In the event of a dispute between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or 7 May 6, 2025, Item #5
increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights that pertain to the resolution of disputes and protests between the parties.

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

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

City is hereby authorized to make such repairs if within ten (10) days after giving written notice to Contractor, or its agent, Contractor should fail to make or undertake with due diligence the aforesaid repairs; provided, however, that in case of an emergency, where, in the opinion of City, delay would cause serious loss or damage, repairs may be made without notice being sent to Contractor, and Contractor shall pay the costs thereof. (Remainder of page intentionally left blank)
8 10 of 11
May 6, 2025, Item #5
IN WITNESS WHEREOF, the said Contractor and the City Manager, City Clerk and City Attorney have caused the names of said parties to be affixed hereto, the day and year first above written.

Contractor's Name:

HSCC Inc.

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

Address for Notices and Payments
9411 Bond Ave
El Cajon, CA 92021
Telephone Number: 619-631-7983
Email: [email protected]
ATTEST:

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

RUTAN & TUCKER, LLP
Alan Fenstermacher, City Attorney
11 of 11

CITY OF POWAY
a Municipal Corporation
Chris Hazeltine, City Manager
9 May 6, 2025, Item #6
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AG EN DA REPORT City of Poway
May 6, 2025 .

Honorable Mayor and Members of the City Council
Craig Schmollinger, Director of Finance ~
Brad Rosen, Assistant Director of Finance Operations·~
(858) 668-4452 or [email protected]

CITY COUNCIL
Authorization to Purchase Desktop Computers and Four-Year Warranty from Connection, RFP No. 25-012
The replacement of personal computers at all City locations will provide up-to-date technology, improve reliability, and enhance user productivity, support, and system security.

Recommended Action:

It is recommended the City Council authorize the purchase of business class Lenovo desktop computers and four-year warranty at a total cost of $246,372.78 from Connection and authorize the City Manager to execute the necessary documents.

Discussion:

The practice of standardizing personal computer (PC) hardware and software platforms has been in place in the City since 2007. Under this initiative, the City replaces all PCs with new models in several optimized, standard configurations. The replacement program was established to ensure technology standards are maintained by funding the replacement of PCs throughout the organization every four years, consistent with industry best practices. The PCs were last replaced in 2021 and are now ready to be replaced again. This process saves the City time and money on maintaining and troubleshooting computers, and improves productivity and system security. It also ensures consistency in developing staff readiness through standardized training and skill development, and provides cost efficiencies in procurement and budgeting.

In March 2025, the City issued a Request for Proposals (RFP) for desktop PCs. The purpose of this request is to select a qualified hardware vendor to supply and configure replacement PCs in accordance with the City's standards.

The RFP was a9vertised locally, posted to the City website, and e-mailed to desktop PC manufacturers 1 of 27
May 6, 2025, Item #6
and resellers. Five vendors responded to the City's RFP. Two of the proposals were deemed unresponsive as one was in response to a scanning project and the other was for PC warranty service only. The three remaining proposals were evaluated based on responsiveness to the RFP requirements, which included detailed hardware specifications, accessories, imaging services, and total cost including delivery.

Through this evaluation, staff established the following vendor list of three resellers who meet the requirements of the RFP.

Connection Lenovo $249,665.00
AztekC Lenovo $376,919.00
New Tech Solutions, Inc. Hewlett Packard $437,699.05
* based on estimated number of units and accessories from RFP.

As specified in the RFP, the vendor selection is based on several factors including total cost, specifications of products proposed, experience, and personnel. Information Technology (IT) staff reviewed the proposals and tested the hardware supplied by the vendor who best met the RFP evaluation criteria. Staff selected Connection, with a proposal to supply Lenovo personal desktop computers, as the most qualified competitive bid. The selection of Lenovo computers allows the City to reuse some of the proposed associated accessories as Lenovo is the current manufacturer of our existing equipment. This results in a lower cost than originally quoted by Connection to the RFP. The adjusted quote from Connection is $246,372.78.

The replacement of the computers was originally planned for July 2025 as part of next year's budget.

However, Microsoft announced Windows 10 support will end in October 2025 and purchasing the computers in July would not give the IT staff enough time to deploy the new Windows 11 systems.

Purchasing the computers in the current fiscal year will provide the time needed to receive them from the manufacturer and to deploy them to City staff.

The City proactively plans for the replacement of its information technology assets by annually setting aside a portion of the anticipated replacement costs. Since the project was not scheduled for this fiscal year, this request is to appropriate funds for this purchase from the funds available in the Capital Replacement Equipment Fund and appropriate the additional amount from the General Fund unassigned fund balance to cover the higher than anticipated cost. To date, the City has collected and has available $239,582 for desktop replacements and an appropriation of those funds is requested for this purchase. The remaining $6,790.78 is being requested to cover the total cost of the hardware and four-year warranty.

Environmental Review:

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

Fiscal Impact:
2 of 27
May 6, 2025, Item #6
The City proactively plans for the replacement of its information technology assets by annually setting aside a portion of the anticipated replacement costs. As such, partial funding of $239,582 is available in the Capital Replacement Equipment Fund for the purchase of desktop computers. Appropriations are requested from the Capital Replacement Equipment fund (Fund 6110) in the amount of $239,582 to account number 115010-61212 and from the General Fund unassigned fund balance (Fund 1000) in the amount of $6,790.78 to account 113010-61212 to complete this purchase. The total cost of this purchase is $246,372.78.

Public Notification:

None.

Attachments:

A. Connection Proposal and Quote
B. Connection Updated Quote
Reviewed/Approved By:

Assistant City Manager
3 of 27
Reviewed By:

Alan Fenstermacher
City Attorney
A~4
chrisHazT-e
City Manager
May 6, 2025, Item #6
C6nnection we solve IT' Lenovo
CITY OF POWAY RFP# 25-012
Prepared by:

Mark Mallari
Account Manager SLED
Public Sector Solutions
[email protected]
Phone: 800.800.0019 x75534 Mobile: 310.890.4996
4of27 ATTACHMENT A
May 6, 2025, Item #6

ACCESSORIES
ThinkCentre Tiny Sandwich Kit -
Features and specifications
The new ThinkCentre Tiny Sandwich Kit (0B47383) is a mechanical bracket which can mount your ThinkCentre Tiny PC between monitor and ThinkCentre Extend Arm. The Tiny Sandwich kit enables more desktop and floor space while providing a secure solution to protect your Tiny PC. This 5 of27
May 6, 2025, Item #6
attractive space-saving solution is constructed of high-grade steel and mounts easily with screws. The open architecture provides easy access to various ports and control buttons of your ThinkCentre Tiny PC.

Manuals Version Release Date
Warranty Information (952 KB) July 2013 14Nov2014
Physical specifications
• Unpackaged
o Approximate height: 51 mm (2.01 in)
o Approximate width: 184 mm (7.24 in)
o Approximate length: 184 mm (7.24 in)
o Approximate weight: 0.735 kg (1.62 lb)
• Packaged
o Approximate height: 78 mm (3.07 in)
o Approximate width: 239 mm (9.41 in)
o Approximate length: 261 mm (10.28 in)
o Approximate weight: 1.085 Kg (2.39 lb)
Warranty
1 year -Customer Replaceable Unit (CRU)
6 of27
May 6, 2025, Item #6
ThinkCentre Tiny VESA Mount II
Overview
The ThinkCentre Tiny VESA Mount II (4XF0N03161) is a unique design specific to house the Tiny PC while featuring the universal VESA mount configuration.

The VESA standard enables this mount to attach to anything that is VESA compatible for the utmost in mounting flexibility. This versatile mounting device can be used separately or combined with other options for secure mounting functionality.

The ThinkCentre Tiny VESA Mount II is a required component for the following ThinkCentre Tiny options:
• ThinkCentre Tiny Storage Unit (0B47375)
• ThinkCentre Tiny L-Bracket Mounting Kit (0B47373)
• ThinkCentre Tiny Under Desk Mount Bracket (0B47097)
The ThinkCentre Tiny VESA Mount II is also used with the following ThinkCentre Tiny options:
• ThinkCentre Tiny Clamp Bracket Mounting Kit II (4XF0N82412) Technical Information
7 of27
May 6, 2025, Item #6
PHYSICAL SPECIFICATIONS UNPACKAGED:
• Approximate height: 185mm (7.28 in)
• Approximate width: 185 mm (7.28 in)
• Approximate length: 42 mm (1.65 in)
• Approximate weight: 325g
PHYSICAL SPECIFICATIONS PACKAGED:
• Approximate height: 251 mm (9.88 in)
• Approximate width: 235 mm (9.25 in)
• Approximate length: 78 mm (3.07 in)
• Approximate weight: 487g
Compatibility
The ThinkCentre Tiny VESA Mount II (4XF0N03161) is compatible with:
• ThinkCentre M-Series All-in-One: M800z
• ThinkCentre Tiny systems: M600, M700, M710,
M715, M715q, M900,
M910, M910x
• ThinkStation Tiny systems: P320
For the latest updates on the compatible systems, refer to one of the following:
• Lenovo Smart Find
• Accessories Compatibility Guide
Shipment Group
• TinyVESA Mount II
• Setup Poster
Charges -FRU Parts
• 01 EF666
8 of27
May 6, 2025, Item #6
ThinkCentre
Tiny
VESA
Mount
II
Overview The
ThinkCentre
Tiny
VESA
Mount
II (4XF0N03161)
is
a
unique
design
specific
to
house
the
Tiny
PC
while
featuring
the
universal
VESA
mount
configuration.

The
VESA
standard
enables
this
mount
to
attach
to
anything
that
is
VESA
compatible
for
the
utmost
in
mounting
flexibility.

This
versatile
mounting
device
can
be
used
separately
or
combined
with
other
options
for
secure
mounting
functionality.

The
ThinkCentre
Tiny
VESA
Mount
II is
a
required
component
for
the
following
ThinkCentre
Tiny
options:
•
ThinkCentre
Tiny
Storage
Unit
(0B47375)
•
ThinkCentre
Tiny
L-Bracket
Mounting
Kit
(0B47373)
•
ThinkCentre
Tiny
Under
Desk
Mount
Bracket
(0B47097)
The
ThinkCentre
Tiny
VESA
Mount
II is
also
used
with
the
following
ThinkCentre
Tiny
options:
•
ThinkCentre
Tiny
Clamp
Bracket
Mounting
Kit
II (4XF0N82412)
Technical
Information
9 of27
May 6, 2025, Item #6
PHYSICAL SPECIFICATIONS UNPACKAGED:
• Approximate height: 185mm (7.28 in)
• Approximate width: 185 mm (7.28 in)
• Approximate length: 42 mm (1.65 in)
• Approximate weight: 325g
PHYSICAL SPECIFICATIONS PACKAGED:
• Approximate height: 251 mm (9.88 in)
• Approximate width: 235 mm (9.25 in)
• Approximate length: 78 mm (3.07 in)
• Approximate weight: 487g
Compatibility
The ThinkCentre Tiny VESA Mount II (4XF0N03161) is compatible with:
• ThinkCentre M-Series All-in-One: M800z
• ThinkCentre Tiny systems: M600, M700, M710, M715, M715q, M900, M910, M910x
• ThinkStation Tiny systems: P320
For the latest updates on the compatible systems, refer to one of the following:
• Lenovo Smart Find
• Accessories Compatibility Guide
Shipment Group
• TinyVESA Mount II
• Setup Poster
Charges -FRU Parts
• 01 EF666
10 of 27
May 6, 2025, Item #6
ThinkCentre TIO Flex
The new gen ThinkCentre TIO Flex and the Tiny family are powered by the latest Intel' computing technology, delivering agility to any type and size of business. Its flexible compatibility makes the ThinkCentre TIO Flex the perfect solution for your existing infrastructure, while supporting future upgrades and expansions. Engineered to efficiently stow the ThinkCentre Tiny family, powered by up to Intel vPro'' with 12th Gen Intel'' Core'" i9 processor, this latest TIO comes standard with one of four different 22" to 27" ThinkVision monitors, breaking the TIO industry mold.

Now with an elegant design that presents a clean aesthetic from both the user and customer perspective, including an efficient cord management system and cellphone dock, the ThinkCentre TIO Flex refines the modern workspace. One-step installation with any current generation of Tiny-and those yet to come-keeps things simple, as does the single button to simultaneously power up both the Tiny and monitor.

ThinkCentre TIO Flex is compatible with the new gen
ThinkCentre Tiny family, powered by Intel vPro· with 12'h Gen Intel" Core~ i9 processor.

Smarter
technology
for all
May 6, 2025, Item #6
ThinkCentre TIO Flex

FLEXIBLE MODULARITY AND SIMPLICITY
Easily refresh the PC, monitor, or both with the versatile ThinkCentre TIO Flex. Compatible with past, current, and future Tiny PCs, this cost-effective solution comes with one of four stunning Lenovo T series ThinkVision monitors, including T22i-30, T24i-30, T24v-30, and T27i-30. Plus, with the optional VESA bracket, this TIO also supports other monitors with this industry-standard 100x100mm brace. Moreover, it takes only one step for the TIO Flex-Tiny installation, which makes the whole solution super easy to deploy, service and refresh.

EXCEPTIONAL USER EXPERIENCE
The new ThinkCentre TIO Flex lets you power up the Tiny and monitor at once with a single button. The full-function monitor stand adjusts for on-point ergonomics and includes a wide tilt range and a lift extension of 130mm. And because our cellphones stay within reach, this flexible solution features a phone-docking bar integrated into the base for even more space efficiency.

CLEAN AESTHETIC
Fresh, elegant design brings a professional aesthetic from every angle, so when the ThinkCentre TIO Flex is used for customer interaction, the efficient customer-facing appearance is sure to breed confidence. Plus, with a two-in-one cable connection, a tangled cable mess is a thing of the past.
-
12 of 27
ThinkVision monitor highlights
..... h •. "V'.Si"" T2 j-3

21.5" 1920xl080 near-edgeless IPS display
4 USB 3.0 ports plus VGA, HDMI, and DP connectivity
Optional sound bar support
TUV Eye Comfort certification

23.8" FHD IPS 3-side near-edgeless display
Integrated 1080p IRRGB camera with dual microphone and 2x3W speaker Facial recognition camera with Windows Hello
Angle adjustable camera with webcam privacy shutter

23.8" FHD IPS 3-side near-edgeless display
VGA+DP+HDMI with audio out and 4x USB 3.0
Natural Low Blue Light display for eye protection purposeful design Dual microphones and speakers enhanced VoIP meeting experience

27.0 1920x1080 near-edgeless full HD display
4 USB 3.0 ports plus VGA, HDMI, and DP connectivity
Built-in camera and optional sound bar support
TUV Eye Comfort certification
May 6, 2025, Item #6
ThinkCentre TIO Flex
Services
Lenovo offers a comprehensive portfolio of end-to-end services to support and protect your investment-so you can focus on the job at hand, not IT.

PREMIER SUPPORT
As IT budgets contract, you need to reduce complexity, decrease operational costs. and find ways to increase efficiency from your in-house IT support teams. Lenovo™ Premier Support manages routine support tasks, freeing IT focus on strategic efforts that move the organization forward. Boost end-user productivity and limit downtime with direct access to elite Lenovo engineers who provide unscripted, advanced hardware and software support.

CO2 OFFSET SERVICES
As the first in the industry, Lenovo offers this certification service to customers who wish to purchase their PC products CO2-compensated over the device's lifecycle.

Included in the hardware transaction, CO2 compensation is based on realistic emission by product, covering production, shipment, and typical usage cycle (5 years). This service proactively supports reduction of CO2 emitted in the atmosphere and compensates for environmental impact of business operations.

Accessories
:..eno· o
--d .lu;.,tE;•
The slim 3-zone keyboard with number pad features responsive, quiet keys for a premium typing experience. The one-touch dedicated media keys put the controls you use most at your fingertips. The ergonomic full-size mouse provides comfort and support for all-day use.

The Lenovo Fingerprint Biometric USB Mouse offers enhanced input functionality with an integrated fingerprint sensor for password-free authentication. It features a 1600dpi resolution with an optical sensor for precise tracking and an ambidextrous design for more fluid control and ergonomics.

The Universal VOiP optimized headset provides premium sound quality, turning any room into a conference room with noise canceling and in-line control features. 13 of 27
PN: 4XlOH56796
PN: 4YSOQ6<l661
~ c:::2:\_ 0 <::) PN:4)(00592991
May 6, 2025, Item #6
ThinkCentre TIO Flex
design

MONITOR OFFERING
Supports VESA standard monitors
Offered with T series options: T22i-30 / T24i-30 /
T24v-30 I T27i-30
Optional VESA bracket to support monitors with industry­ standard lOOxlOOmm
STAND
Full function monitor stand with tilt (-5-23 ±2 degree) and lift (80 -130mm)

DIMENSIONS
Stand dimension: 120*125.5*405.3mm
Base dimension: 342.3*223.1*56.3mm
WEIGHT
Stand weight: 1.14kg
Base weight: 1 92kg
Total weight: 3.06kg
Support monitor weight range from 2.5kg to 5.5kg
c-::>rr.:>a ;• ie vH:h
ThinkCentre M Series Tiny Family (powered by
Intel vPro· with up to 12th Gen Intel" Core·· i9 processors) Workstation Tiny (not including Chrome Tiny)
connectivity
DP xl
USB-B x 1
FOR TINY GEN 8
EPEAT Gold
Energy Star 8.0
RoHS
TCO 9.0
ERP
ns
TOV Rheinland Low Blue Light
TUV Rheinland Flicker Free
FOR MONITORS (T271-30/T241-30/T24V-30/T221-30)
EPEAT Gold
TCO 9.0
Energy Star 8.0
UL Greenguard
©2021 Lenovo. All rights reserved. These products are available while supplies last. For any questions concerning price, please contact your Lenovo Account Executive. Lenovo is not responsible for photographic or typographic errors. Warranty: For a copy of applicable warranties, write to: Warranty Information, 500 Park Offices Drive, RTP, NC 27709. Altn: Dept.

ZPYA/8600. Lenovo makes no representation or warranty regarding third-party products or services. Trademarks: Lenovo, the Lenovo logo, Rescue and Recovery, ThinkPad, ThinkCentre, ThinkStation. ThinkVantage, and ThinkVision are trademarks or registered trademarks of Lenovo. Microsoft. Windows, and Vista are registered trademarks of Microsoft Corporation. 14 of 27
May 6, 2025, Item #6
ThinkCentre M70q Gen 5

OVERVIEW

1. Headphone/ microphone combo jack (3.5mm)

2. USB-A (USB lOGbps)

3. USB-A (USB lOGbps). Always On and fast
charge

4. USB-C (USB 5Gbps)

5. Power connector
6, DisplayPort 1.4a

7. USB-A (USB 5Gbps)
Notes:

Items with • are only available on selected models
ThinkCentre M70q Gen 5 -March 25 2025

8. 9.

Lenovo
HDMI 2.1 TMDS
PSREF
Product Specifications
Reference
USB-A (Hi-Speed USB), with Smart Power On

10. USB-A (USB lOGbps)

11. USB-A (USB lOGbps)

12. Ethernet (RJ-45)

13. Punch out port 1 •

14. Punch out port 2 •
1 of 9
May 6, 2025, Item #6
ThinkCentre M70q Gen 5

PERFORMANCE
Processor
Processor Family
Lenovo
PSREF
Product Specifications
Reference
13th/ 14th Generation Intel' Core'" i3 / iS / i7 Processor, or Intel' 300T Prncessor Processor**
Processor Cores Name
Core i3-4 (4 P-core + 0
13100T E-core)
Core i5-10 (6 P-core +
13400T 4 E-core)
Core i5-14 (6 P-core +
13500T 8 E-core)
Core i5-14 (6 P-core +
13600T 8 E-core)
Core i7-16 (8 P-core +
13700T 8 E-core)
Core i3-4 (4 P-core + 0
14100T E-core)
Core i5-10 (6 P-core +
14400T 4 E-core)
Core i5-14 (6 P-core +
14500T 8 E-core)
Core i5-14 (6 P-core +
74600T 8 E-core)
Core i7-20 (8 P-core +
14700T 12 E-core)
Intel'" 300T 2 (2 P-core + 0
E-core)
Operating System
Operating System**
• Windows" 11 Pro
• Windows· 11 Home
Threads Base Frequency
8 P-core 2.5GHz
16 P-core 1.3GHz / E-
core 1.0GHz
20 P-core 1.6GHz / E-
core 1.2GHz
20 P-core 1.8GHz / E-
core 1.3GHz
24 P-core 1.4GHz / E-
core 1.0GHz
8 P-core 2.7GHz
16 P-core 1.5GHz / E-
core 1.1GHz
20 P-coi-e 1.7GHz / E-
core 1.2GHz
20 P-core 1.8GHz / E-
core 1.3GHz
28 P-core 1.3GHz / E-
core 0.9GHz
4 P-core 3.4GHz
Windows· 11 Home Single Language
Windows" 11 loT Enterprise L TSC 2024
• Windows" 11 DG Windows· 10 Pro 64
Ubuntu Linux
• IGEL Linux (with License)
IGEL Linux (no License)l'1
• No preload operating system
Notes:

Max Frequency Cache Processor
Graphics
P-core 4.2GHz 12MB Intel" UHD
Graphics 730
P-core 4.4GHz / E-core 3.0GHz 20MB Intel' UHD
Graphics 730
P-core 4.6GHz / E-core 3.2GHz 24MB Intel' UHD
Graphics 770
P-core 4.8GHz / E-core 3.4GHz 24MB Intel' UHD
Graphics 770
Max Turbo up to 4.9GHz / P-core 30MB Intel'• UHD
4,8GHz / E-core 3.6GHz Graphics 770
P-core 4.4GHz 12MB Intel" UHD
Graphics 730
P-core 4.5GHz / E-core 3.2GHz 20MB Intel" UHD
Graphics 730
P-core 4.8GHz / E-core 3.4GHz 24MB Intel· UHD
Graphics 770
P-core 5.1GHz / E-core 3,6GHz 24MB Intel' UHD
Graphics 770
Max Turbo up to 5.2GHz / P-core 33MB Intel·· UHD

5.0GHz / E-core 3,7GHz Graphics 770
6MB Intel~ UHD -Graphics 710
[1] The device is preload with a free evaluation license. The evaluation license will be valid for a period of 90 days.

Graphics
Graphics**
Graphics
Intel' UHD
graphics
710
Type
Integrated
Memory Max Resolution
4096x2160lf'U60Hz(HDMI'),
1920x1200@60Hz(VGA),
Shared 4096x2304@60Hz(DP).
4096x230¥ci)60Hz(USB-C' with DP
function)
ThinkCentre M70q Gen 5 -March 25 2025
Connector Key
Features
lx HDMI' 2.1 TMDS, lx DP 1.4a
(HBR2, DSC), 2x optional punch out DirectX" ports([2x HDMl"/VGA/DPJ or 12 [USB-C with DP function, HDMl'/VGA/DP])
2 of 9
May 6, 2025, Item #6
PSREF
ThinkCentre M70q Gen 5 Lenovo.'·
' '
Product Specifications
Reference
Intel" UHD
graphics Integrated
730
Intel'' UHD
graphics Integrated
770
Monitor Support
Monitor Support
Shared
Shared
4096x2160@60Hz(HDMI"), lx HDMI' 2.1 TMDS, lx DP 1.4a
1920xl200@60Hz(VGA), (HBR2, DSC), 2x optional punch out 4096x2304@60Hz(DP), ports([2x HDMl'/VGA/DPJ or
4096x2304@60Hz(USB-C' with DP [USB-C" with DP function, function) HDMl"/VGA/DPJ)
4096x2160@60Hz(HDMI'), lx HDMI•' 2.1 TMDS, lx DP l4a
1920xl200@60Hz(VGA), (HBR2, DSC), 2x optional punch out 4096x2304@60Hz(DP), ports ([2x HDMl'/VGA/DPJ or
4096x2304@60Hz(USB-C' with DP [USB-C' with DP function, function) HDMl'/VGA/DP])
Supports up to 4 independent displays via (onboa1·d DP, onboard HDMI", 2x optional punch out port) Chipset
Chipset
Intel .. Q670 chipset
Memory
Max Memory[lJ
Up to 64GB (2x 32GB DDR5 SO-DIMM)
Memory Slots
Two DDR5 SO-DIMM slots, dual-channel capable
Memory Type
• DDRS-4800
DDRS-5200
• DDRS-5600
Notes:
[l] The max memory is based on the test results with current Lenovo•· memory offerings.

Storage
Storage Support('l
Dual SSD mode: up to two drives, 2x M.2 SSD
• M.2 2280 SSD up to 2TB
Storage Type
Disk Type Interface
M.2 2280 SSD PCle' NVMe'", PC le·' 4.0 x4 Performance
M.2 2280 SSD PCle· NVMe·, PCle' 4.0 x4
RAID
RAID 0/1 support for SSDs
Notes:

Security
Opal
Opal
[l] The max capacity of each disk type is based on the test results with current Lenovo' storage offerings.

Removable Storage
Optical
None
Card Reader
No card reader
Multi-Media
Audio Chip
High Definition (HD) Audio, Realtek' ALC233VB or Conexant CX11771 codec ThinkCentre M70q Gen 5 -March 25 2025
DirectX"
12 DirectX'
12 3 of 9
May 6, 2025, Item #6
ThinkCentre M70q Gen 5 Lenovo
Speakers**
• Premium single speaker, 2W xl
• Single speaker, 2W xl
Power Supply
Power Supply**['l
Power Type Efficiency Key Features
65W Adapter 89% Autosensing
90W Adapter 89% Autosensing
135W Adapter 89% Autosensing
300W[21 Adapter 90% Autosensing
Notes:
[l] 135w power adapter is essential if optional USB-C port is selected When work with TIO monitor, an appropriate power adapter is needed. Customer may need to:
• Order a Tiny for TIO MT (l2TF or l2TG) models
• Or order an additional l35W power adapter, if original power adapter is 90W [2] 300W adapter is for special bid request to support external hardware.

DESIGN
Input Device
Keyboard**
Lenovo' Calliope Keyboard (USB connector), black
Lenovo•· Traditional Keyboard (USB connector), black
Wireless EOS Keyboard, black
No keyboard
Mouse**
Wireless EOS Mouse, black
• Lenovo• Calliope Mouse (USB connector), black
• No mouse
Mechanical
Form Factor
Tiny (lL)
Dimensions (WxDxH)t11
Models Dimensions
Tiny only 179 x 182.9 x 36.5 mm with rubber feet (7.05 x 7.2 x l.44 inches with rubber feet) I Packaging Dimensions (WxDxH)
490 x 128 x 250 mm (19.29 x 5.04 x 9.84 inches)
Weight[21
Models Weight
Tiny only Around 1.25 kg (2.76 lbs)
Packaging Weight
Around 3.2 kg (7.05 lbs)
Case Color
Raven black
Bays
No bays
Expansion Slots
ThinkCentre M70q Gen 5 -March 25 2025
PSREF
Product Specifications
Reference
4 of 9
May 6, 2025, Item #6
ThinkCentre M70q Gen 5
Three M.2 slots (one for WLAN, two for SSD)
EOU
• (Optional) Toolless cover and stand assembly/ removal • No support
Stand
• Vertical stand
• No stand
10 Box
No 10 box
Mounting
• Supports VESA mount 100mm
• None
Others
• (Optional) Dust filter
• (Optional) Power adapter cage
Notes:
[l] The system dimensions may vary depending on configurations.

PSREF
Product Specifications
Reference
[2] The system weight is approximate and based on results in Lenovo· lab, which varies depending on the source of component, variance of the distribution of each component, and manufacturing process. It may not be the exact weight for each specific model.

CONNECTIVITY
Network
Onboard Ethernet
Gigabit Ethernet, Intel' Ethernet Connection I219-LM, lx RJ-45, supports Wake-on-LAN Optional Ethernet
• 2.5 Gigabit Ethernet, Realtek' RTL8125BGS, lx RJ-45, supports Wake-on-LAN • No optional Ethernet
WLAN + Bluetooth®**
Realtek' Wi-Fi' 6 RTL8852BE, 802.llax Dual Band 2x2 Wi-Fi' + Bluetooth' 5.3, M.2 card • Intel'"' Wi-Fi' 6 AX201, 802.llax 2x2 Wi-Fi'"' + Bluetooth' 5.2, M.2 Card Intel' Wi-Fi' 6E AX211, 802.llax 2x2 Wi-Fi' + Bluetooth' 5.3, Intel'' vPro' technology support, M.2 Card No WLAN and Bluetooth'
WWAN
No support
Portslll
Front Ports
lx USB-C-(USB 5Gbps / USB 3.2 Gen 1), with [email protected] charging lx USB-A (USB l0Gbps / USB 3.2 Gen 2), with Always On and [email protected] charging • lx USB-A (USB l0Gbps / USB 3.2 Gen 2)
• lx headphone/ microphone combo jack (3.5mm)
Optional Front Ports
None
Rear Ports
lx USB-A (Hi-Speed USB / USB 2.0)
• lx USB-A (USB 5Gbps / USB 3.2 Gen 1)
2x USB-A (USB lOGbps / USB 3.2 Gen 2)
lx HDMI' 2.1 TMDS
• lx DisplayPort"' 1.4a (HBR2, DSC)
lx Ethernet (RJ-45)
Optional Rear Ports
• Punch out port 1 (one of VGA/ DisplayPort"' / HDMI"· /serial/ USB-C' (Hi-Speed USB / USB 2.0) with DisplayPort 1 "
ThinkCentre M70q Gen 5 -March 25 2025 5 of 9
May 6, 2025, Item #6
ThinkCentre M70q Gen 5
function and lO0W PD in)[2l
• Punch out port 2 (one of VGA/ DisplayPort'M / HDMI'' /serial/ RJ-45) Notes:

Lenovo;
PSREF
Product Specifications
Reference
[l] The transfer speed of following ports will vary and, depending on many factors, such as the processing speed of the host device, file attributes and other factors related to system configuration and your operating environment, will be slower than theoretical speed.

USB 2,0: 480 Mbit/s;
USB 3.2 Gen 1 (SuperSpeed USB 5Gbps, formerly USB 3,0 / USB 3.1 Gen 1): 5 Gbit/s:

USB 3.2 Gen 2 (SuperSpeed USB lOGbps, formerly USB 3.1 Gen 2): 10 Gbit/s:

USB4' 20Gbps / USB 3.2 Gen 2x2 (SuperSpeed USB 20Gbps): 20 Gbit/s; USB4"' 40Gbps (USB 40Gbps): 40 Gbit/s;
Thunderbolt"'' 3/4: 40 Gbit/s.
[2] Optional rear USB-C'' (USB 5Gbps / USB 3.2 gen 1) for special bid only.

SECURITY & PRIVACY
Security
Security Chip
Discrete TPM 2.0, TCG certified, FIPS 140-2 certified
Physical Locks
Kensington· Security Slot"', 3 x 7 mm
Chassis Intrusion Switch
Chassis intrusion switch['1
Fingerprint Reader
No fingerprint reader
BIOS Security
Administrator password
Hard disk password
• Power-on password
Absolute pe1·sistence module
Boot sequence control
Cover tamper detected
Certificate-based BIOS athentication
Configuration change detection
• Individual USB port disablement
Intel'' BIOS guard
Secure wipe
Secure Boot
Self-healing BIOS
Smart USB protection (allows keyboard/ mouse only, blocks all storage devices) • More BIOS security features, please visit BIOS Simulator[2J Notes:
[1] Chassis intrusion switch is hardware ready function and needs to be special bid or manually enabled in BIOS, [2] The BIOS simulator is just for reference. Default settings and some options may vary depending on the hardware, operating system and BIOS version.

MANAGEABILITY
System Management
System Management['l
Intel' vPro•, Enterprise
• Non-vPro·
Notes:
[l] Intel'' vPro· offers a superset of DASH's defined capabilities.

ThinkCentre M70q Gen 5 -March 25 2025 6 of 9
May 6, 2025, Item #6
ThinkCentre M70q Gen 5

SERVICE
Warranty[n
Base Warranty**
1-year courier or carry-in service
1-year limited onsite service
3-year limited onsite service
No base warranty
Notes:

Lenovo
PSREF
Product Specifications
Reference
[1] The warranty upgrades may be bundled with some models, please check the "Included upgrade" column in the specific model's configurations. For more service extensions, please go to https://smartfind.lenovo,com/. To learn more details of warranty policy, please access https://support.lenovo.com/warrantvlookup/warrantypolicv.

OPERA TING REQUIREMENTS
Operating Environment
Temperature
• Operating: 5°C (41°F) to 35°C (95°F)
• Storage: -40°C (-40°F) to 60°C (140°F)
Relative Humidity
• Operating: 20% to 80%
• Storage: 10% to 90%
Altitude
• Operating: 0 m (0 ft) to 3048 m (10,000 ft)
• Storage: 0 m (0 ft) to 12192 m (40,000 ft)

ENVIRONMENTAL
Sustainability
Materia1c11
85% PCC recycled plastic used in product chassis
95% PCC recycled plastic used in USB keyboard/mouse
90% PIC recycled plastic EPE cushion or 90% PCC recycled plastic thermal shell with 30% OBP material 30% OBP used in bag
FSC certified paper in packaging
Notes:
[1] PCC: Post Consumer Content, recycled materials from customers.

PIC: Post Industry Content, recycled materials from internal factories.

EPE: Expanded Polyethylene.

OBP: Ocean Bound Plastic, reducing plastic spill into the sea.

FSC: Forest Stewardship Council.

CERTIFICATIONS
Green Certificationst11
Green Certifications
• (Optional) ENERGY STAR' 8.0
(Optional) EPEA T'" Silver Registered
(Optional) EPEAT™ Gold Registered
ENERGY STAR' 8.0
• ErP Lot 3/7
• RoHS compliant
TCO Certified
ThinkCentre M70q Gen 5 -March 25 2025 7 of 9
May 6, 2025, Item #6
PSREF
ThinkCentre M70q Gen 5 .Lenovo. Product Specifications
Reference
Notes:
[1] The items listed under the "Green Certifications" section may not only refer to certification but also registration or self­ declaration. For ESG & regulatory compliance documents, please visit https://compliance,lenovo.com.

Other Certifications
Other Certifications
(Optional) T0V Rheinland· Ultra Low Noise
Mil-Spec Test
MIL-STD-810H military test passed (Low Pressure [Altitude], High Temperature, Low Temperature, Temperature Shock, Humidity, Sand and Dust, Vibration, Shock, Solar Radiation, Contamination by Fluids, Salt Fog) Feature with ** means that only one option listed under the feature can be configured on selected models.

Please refer to the model configuration for specific information.

Lenovo reserves the right to change specifications or other product information without notice. Lenovo is not responsible for photographic or typographical errors. LENOVO PROVIDES THIS PUBLICATION "AS IS,"

WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow disclaimer of express or implied warranties in certain transactions, therefore this disclaimer may not apply to you.

The specifications on this page may not be available in all regions, and may be changed or updated without notice.

ThinkCentre M70q Gen 5 -March 25 2025 8 of 9
May 6, 2025, Item #6
ThinkCentre M70q Gen 5
ThinkCentre M70q Gen 5 -March 25 2025
PSREF
Product Specifications
Reference
9 of 9
May 6, 2025, Item #6
PUBL1C SECTOR SOLUl IONS
we solve IT"
GovConnection, Inc.
732 Milford Road
Merrimack, NH 03054
QUOTE PROVIDED TO:

AB#: 25779
Account Executive: Mark Mallari
Phone:

Fax:

Email: [email protected]
Customer Contact: Lawrence Brillon
Email: [email protected]
SHIP TO:

AB#: 6779669

CITY OF POWAY

LAWRENCE BRILLON

SALES QUOTE
# 25747061.01

PLEASE REFER TO THE ABOVE
QUOTE# WHEN ORDERING
Date: 4/2/2025
Valid Through: 5/2/2025
Account#: S01977
Phone: (858) 668-4455
Fax: (858) 668-1210

CITY OF POWAY

ACCOUNTS PAYABLE
PO BOX 789
POWAY, CA 92064
13325 CIVIC CENTER DRIVE, 2ND FL
POWAY, CA 92064
us us
(858) 668-4400 (858) 679-4349
DELIVERY FOB SHIP VIA SHIP WEIGHT TERMS CONTRACT ID#
5-30 Days A/R/O Destination Small Pkg Ground Service Level 2,858.00 lbs Net 30 Important Notice: -THIS QUOTATION IS SUBJECT TO THE FOLLOWING Terms of Sale: All purchases from GovConnection, Inc. are subject to the Company's Standard Terms of Sale, which describe important legal rights and obligations. You may review the Company's Standard Terms of Sale on the Company's website: https://www.govconnection.com/contenUabouUlegaVterms-and­ conditions-sale, or you may request a copy via fax, e-mail, or mail by calling your account representative. The only exception to this policy is ~ your order is being placed under any one of our many national, state, educational or cooperative Agreements, in which case the Terms and Conditions of your Purchase Order are already pre-negotiated and stated in that Agreement. No other Terms and Conditions shall apply and any other terms and conditions referenced or appearing in your Purchase Order are considered null and void. Due to the industry-wide constraints and fluctuations, we reserve the right to change pricing at any time. Please refer to our Quote Number in your order. ---. ....... -,1 .. ,-,,,-,~·•··
1 240
2 7
3 18
4 16
5 6 16
7 16
24 of27 Page 1 of 2
41968511
41968513
41540193
34061792
33766230
41968514
.. ~,--. lr:l..-. .. 1111 • .
12TESDXY00 CUST.DT TC M70q GS i7 CP
30H1S89Y00 CUST.WS TS P3 GS i9 CP
4XF1K03170 ThinkCentre TIO Flex
4XH0N04098 ThinkCentre Tiny Sandwich Kit II

OPTIONAL
4XF0N03161 ThinkCentre Tiny VESA Mount II
4XF1R07369 ThinkCentre Tiny Mounting Kit
. . l:::Fi-
Lenovo Custom $ 906.90 $ 217,656.00 Systems
Lenovo Custom $ 1,570.89 $ 10,996.23 Systems
Lenovo Features $ 102.27 $ 1,840.86 and Ootions
Lenovo Features $ 32.67 $ 522.72 and Ootions
$ -
Lenovo Features $ 16.99 $ 271.84 and Options
Lenovo Features $ 26.25 $ 420.00 and Ootions
Subtotal $ 231,707.65
Fee $ 0.00
->nipping ana
Handling $ 0.00
Tax $ 17,957.35
Total $ 249,665.00
4/2/2025
May 6, 2025, Item #6

Page 2 of 2 ends

25 of27
C~. onnect1on"'

PUBLIC SECTOR SOLUTIONS
we solve IT-

ORDERING INFORMATION
GovConnection, Inc. DBA Connection
Please contact your account manager with any questions.

Ordering Address
GovConnection, Inc.
732 Milford Road
Merrimack, NH 03054
Remittance Address
GovConnection, Inc.

Box 536477
Pittsburgh, PA 15253-5906
Please reference the Contract# on all purchase orders.

TERMS & CONDITIONS
Payment Terms:

FOB Point:

Maximum Order Limitation:

NET 30 (subject to approved credit)
DESTINATION (within Continental US)
NONE
FEIN: 52-1837891
DUNS Number: 80-967-8782
Cage Code: OGTJ3
Business Size: LARGE
Erate Spin Number: 143026005
WARRANTY: Manufacturer's Standard Commercial Warranty
NOTE: It is the end user's responsibility to review, understand and agree to the terms of any End User License Agreement (EULA).

Important Notice: ---THIS QUOTATION IS SUBJECT TO THE FOLLOWING Terms of Sale: All purchases from GovConnection, Inc. are subject to the Company's Standard Terms of Sale, which describe important legal rights and obligations. You may review the Company's Standard Terms of Sale on the Company's website: www.govconnection.com or you may request a copy via fax, e-mail, or mail by calling your account representative. The only exception to this policy is if your order is being placed under any one of our many national, state, educational or cooperative Agreements, in which case the Terms and Conditions of your Purchase Order are already pre­ negotiated and stated in thot Agreement. No other Terms and Conditions shall apply and any other terms and conditions referenced or appearing in your Purchase Order are considered null and void. Due to the industry-wide constraints and fluctuations, we reserve the right to change pricing at any time. Please refer to our Quote Number in your order.

If you require a hard copy invoice for your credit card order, please visit the link below and click on the Proof of Purchase/Invoice link on the left side of the page to print one:https://www.govconnection.com/web/Shopping/ProofOfPurchase.htm Please forward your Contract or Purchase Order to:

[email protected]
QUESTIONS: Call 800-800-0019
FAX: 603.683.0374
4/2/2025
May 6, 2025, Item #6
f'UBUC SECTOR SOLUTIONS
we solve IT'
GovConnection, Inc.
732 Milford Road
Merrimack, NH 03054
QUOTE PROVIDED TO:

AB#: 25779
Account Executive: Mark Mallari
Phone:

Fax:

Email: [email protected]
Customer Contact: Lawrence Brillon
Email: [email protected]
SHIP TO:

AB#: 6779669

CITY OF POWAY

LAWRENCE BRILLON

SALES QUOTE
# 25747061.02

PLEASE REFER TO THE ABOVE
QUOTE# WHEN ORDERING
Date: 4/8/2025
Valid Through: 5/8/2025
Account#: S01977
Phone: (858) 668-4455
Fax: (858) 668-1210

CITY OF POWAY

ACCOUNTS PAYABLE
PO BOX 789
POWAY, CA 92064
13325 CIVIC CENTER DRIVE, 2ND FL
POWAY, CA 92064
us us
(858) 668-4400 (858) 679-4349
DELIVERY FOB SHIP VIA SHIP WEIGHT TERMS CONTRACT ID#
5-30 Days NR/O Destination Small Pkg Ground Service Level 2,568.00 lbs Net 30 Important Notice: -THIS QUOTATION IS SUBJECT TO THE FOLLOWING Tenms of Sale: All purchases from GovConnection, Inc. are subject to the Company's Standard Tenms of Sale, which describe important legal rights and obligations. You may review the Company's Standard Tenms of Sale on the Company's website: https:/lwww.govconnection.com/contenl/abouUlegaVterms-and­ conditions-sale, or you may request a copy via fax, e-mail, or mail by calling your account representative. The only exception to this policy is if your order is being placed under any one of our many national, state, educational or cooperative Agreements, in which case the Terms and Conditions of your Purchase Order are already pre-negotiated and stated in that Agreement. No other Terms and Conditions shall apply and any other terms and conditions referenced or appearing in your Purchase Order are considered null and void. Due to the industry-wide constraints and fluctuations, we reserve the right to change pricing at any time. Please refer to our Quote Number in your order. ti I -
240 41968511 12TESDXY00 GUST.OT TC M70q GS i7 GP
2 7 41968513 30H1S89Y00 CUST.WS TS P3 GS i9 GP
26 of27 ATTACHMENT B Page 1 of2
Lenovo Custom
S stems
Lenovo Custom
S stems
$
$
906.90 $
1,570.89 $
Subtotal $
217,656.00
10,996.23
228,652.23

0.00 0.00
17,720.55
246,372.78
4/8/2025
May 6, 2025, Item #6

Page 2 of 2 ends

27 of27
C~. onnect1on, ..

PUBLIC SECTOR SOLUTIONS
we solve IT-

ORDERING INFORMATION
GovConnection, Inc. OBA Connection
Please contact your account manager with any questions.

Ordering Address
GovConnection, Inc.
732 Milford Road
Merrimack, NH 03054
Remittance Address
GovConnection, Inc.

Box 536477
Pittsburgh, PA 15253-5906
Please reference the Contract# on all purchase orders.

TERMS & CONDITIONS
Payment Terms:

FOB Point:

Maximum Order Limitation:

NET 30 (subject to approved credit)
DESTINATION (within Continental US)
NONE
FEIN: 52-1837891
DUNS Number: 80-967-8782
Cage Code: OGTJ3
Business Size: LARGE
Erate Spin Number: 143026005
WARRANTY: Manufacturer's Standard Commercial Warranty
NOTE: It is the end user's responsibility to review, understand and agree to the terms of any End User License Agreement (EULA).

Important Notice: --THIS QUOTATION IS SUBJECT TO THE FOLLOWING Terms a/Sale: All purchases from GovConnection, Inc. are subject to the Company's Standard Terms of Sale, which describe important legal rights and obligations. You may review the Company's Standard Terms of Sale on the Company's website: www.govconnection.com or you may request a copy via fax, e-mail, or mail by calling your account representative. The only exception to this policy is if your order is being placed under any one of our many nation at state, educational or cooperative Agreements, in which case the Terms and Conditions of your Purchase Order are already pre­ negotiated and stated in that Agreement. No other Terms and Conditions shall apply and any other terms and conditions referenced or appearing in your Purchase Order are considered null and void. Due to the industry-wide constraints and fluctuations1 we reserve the right to change pricing at any time. Please refer to our Quote Number in your order.

If you require a hard copy invoice for your credit card order, please visit the link below and click on the Proof of Purchase/Invoice link on the left side of the page to print one:https://www.govconnection.com/web/Shopping/ProofOfPurchase.htm Please forward your Contract or Purchase Order to:

[email protected]
QUESTIONS: Call 800-800-0019
FAX: 603.683.0374
4/8/2025
May 6, 2025, Item #7
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AG EN DA REPORT City of Poway
May 6, 2025
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Services Cf{'
Andrea Palacios, Assistant Engineer
(858) 668-4623 or [email protected]
Acceptance of Irrevocable Offer of Dedication on Claire Drive

CITY COUNCIL
This action will accept an existing thirty-foot wide Irrevocable Offer of Dedication (IOD) of right-of-way for a public street on a portion of the west side of Claire Drive. This strip of land will provide connectivity and continuation of existing public right-of-way on Claire Drive.

Recommended Action:

It is recommended the City Council approve a resolution accepting an irrevocable offer to dedicate real property at APN 323-060-02 (Attachment A), which will provide an additional 30 feet of public right-of-way on Claire Drive.

Discussion:

Background:

California Government Code Section 7050 states that with the consent of the city and/or county, an irrevocable offer of dedication of real property for any public purpose can be made, and such offer of dedication, when recorded in the office of the County Recorder, shall be irrevocable and may be accepted at any time by the City Council or Board of Supervisors.

Project Details:

Roben Mansur made an irrevocable offer to dedicate the easterly 30 feet of their property located at APN 323-060-02 (Attachment B) to the City of Poway for right-of-way and incidents thereto for a public street on February 12, 2019 per Document No. 2019-0050974 (Attachment A, Exhibit A). At the time the IOD was made, the City did not have a need to accept the dedication. Pursuant to Section 7050 of the Government Code of the State of California, the offer of dedication shall remain open and subject to future acceptance by the City.

While conducting research for the development of a new commercial building at 14251 Garden Road, staff discovered that the northwest portion of Claire Drive is currently maintained by the City; 1 of 9
May 6, 2025, Item #7
however, half of the road width has not been accepted as right-of-way. Existing improvements within the limits of the IOD include street, curb and gutter. Acceptance of the 30-foot-wide westerly strip of land would make Claire Drive a full-width City right-of-way fronting APN 323-060-02.

Acceptance of this IOD is in the public interest and is necessary to ensure continued proper maintenance of the roadway. No physical changes will occur as a result of accepting the IOD and there is no adverse impact to Mr. Mansur (property owner). The acceptance shall be recorded in the office of the County Recorder.

Environmental Review:

The acceptance of the proposed irrevocable offer of dedication for a 30-foot-wide existing street, curb and gutter is exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c)(2) and 15061 (b)(3) in that the proposed IOD does not result in a direct or reasonably foreseeable indirect physical change in the environment. Furthermore, in the event of routine future maintenance, the project is determined to be categorically exempt from CEQA pursuant to Guidelines Section 15301 (C) (Class 1 ).

Fiscal Impact:

There is no fiscal impact associated with the recommended action.

Public Notification:

None.

Attachments:

A. Resolution
B. Location Map
Reviewed/Approved By:

Assistant City Manager
2 of9
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Ch~-
City Manager
May 6, 2025, Item #7
RESOLUTION NO. 25-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, ACCEPTING AN IRREVOCABLE OFFER
TO DEDICATE REAL PROPERTY AT APN 323-060-02 ON

CLAIRE DRIVE
WHEREAS, pursuant to Section 7050 of the Government Code, Roben Mansur made an Irrevocable Offer of Dedication to the City of Poway for public street purposes, recorded in the Official records of San Diego County, California, on February 12, 2019, as document number 2019-005097 4 attached hereto as "Exhibit A"; and
WHEREAS, public convenience and necessity will be served if the Irrevocable Offer of Dedication is accepted by the City.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway, pursuant to and in accordance with the authority in Government Code section 7050 as follows:

SECTION 1: The City Council hereby finds and determines the foregoing recitals are true and correct.

SECTION 2: All portions of the Irrevocable Offer to Dedicate Real Property, described in Exhibit A, attached hereto and incorporated herein by reference, is hereby accepted.

SECTION 3: The City Clerk is hereby directed to cause a certified copy of this resolution, attested by the City Clerk under the seal of the City, to be recorded in the office of the County Recorder of San Diego County, California.

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 6th day of May, 2025 by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
3 of 9 ATTACHMENT A
May 6, 2025, Item #7

EXHIBIT A
DOC# 2019-005097 4
11111111111111111m11111111111111111111111m111111111111111111111111 RECORDING REQUESTED BY: Feb 12, 2019 03:37 PM

OFFICIAL RECORDS
Ernest J. Dronenburg, Jr., CITY OF POWAY
AND WHEN RECORDED MAIL TO:

SAN DIEGO COUNTY RECORDER
FEES: S0.00 (S82 Atkins: S0.00)

CITY CLERK

CITY OF POWAY
P.O. BOX 789
POWAY CA 92074
APN: 323-060-02
(This space for Recorder's Use)

IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY
(CLAIRE DRIVE)

NO DOCUMENTARY TRANSFER TAX DUE
PAGES: 5
Roben Mansur, property owner (hereinafter "GRANTOR"), for good and valuable consideration, hereby makes an Irrevocable Offer of Dedication to CITY OF POWAY (hereinafter "GRANTEE"), its successors or assigns, the right-of-way and incidents thereto for a public street upon, over, and across that certain real property in the City of Poway, County of San Diego, State of California, described as follows:

The Easterly 30.00 feet of the easterly 164.00 feet of the Westerly 260.00 feet of the Northerly 164.00 feet of the Southeast Quarter of Section 18, Township 14 South, Range 1 West, San Bernardino Meridian, in the County of San Diego, State of California, According to Official Plat thereof.

GRANTOR hereby further offers to GRANTEE the privilege and right to extend drainage structures and street improvements beyond the limits of the herein described right-of-way where required for the construction and maintenance of said City Street. RESERVING unto GRANTOR of the above-described parcel of land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City Engineer of GRANTEE, the necessity therefore is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by said Engineer.

GRANTOR hereby offers to GRANTEE all trees, growths (growing or that may hereafter grow), and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said GRANTEE may deem proper, needful or necessary, in the construction, reconstruction, improvement, or maintenance of said street.

This Offer of Dedication is made pursuant to Section 7050 of the Government Code of the State of California and may be accepted at any time by the City Council of the City of Poway within which such real property is located at the time of acceptance.

This Offer of Dedication may be terminated and the right to accept such offer abandoned in the same manner as is prescribed for the vacation of streets or highways by Part 3 (commencing with section 8300) of Division 9 of Streets and Highways Code of the State of California.· Such termination and abandonment may be made by the City Council of the City of Poway within which such real property is located.
4 of9
May 6, 2025, Item #7
This Offer of Dedication shall be irrevocable and shall be binding on the GRANTORS, their heirs, executors, administrators, successors, and assigns.

Dated this il day of
Approved as to Form:

Office of the City Attorney
~~
Alan Fenstermacher, City Attorney
5 of9
Byd
Roben Mansur
Owner
Date: ------'-/J.....-/3-:io/4'-/ _~ __
Date
May 6, 2025, Item #7
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of San Diego
On bu('l,W s,lk o!.019 before me, Yvonne Mannion Notary Public '-j bate ' Here Insert Name and Title of the Officer
personally appeared -----~£'-"· """""o....,.b""e .... n.....__----L(()...:........,=M...__,_ ... ~ ... u._.c'-------------­ Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s} whose nam~(8) @are subscribed to the within instrument and acknowledged to me that ~she/they executed the same in l@.~er/their authorized capacity(iesy; and that by 11§/her/their signature(6) on the instrument the persof)(s), or the entity_ upon behalf of which the person(s)"acted, executed the instrument. loeeee+eeee♦,

YVONNE MANNION
:@ Notary PubUc -California ;g
i San Diego County !
j · . Commission i 2201766 t
_;
0 MLCo:mzxpires Jun 18, 2022,
Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
----------------OPTIONAL----------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: ..:..I .,__(..._Ce---=--.1..__o,.,._r-'-'rc..b:....:.1,...e _ _...Q....._f..._& ..... r.____..N-=--..... ,i)..,,e~c""'I :=c .... n.Lt<?=--__.i=~~I _ _._B"'"'ro<+ee-"'-'-ct.,_, __ _ Document Date: , lJ,Is }.;.101 q Number of Pages
1 :
1 ~ ..... ~---~---------------------
Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: ____________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General □ Individual D Attorney in Fact □ Individual D Attorney in Fact 0 Trustee D Guardian or Conservator D Trustee D Guardian or Conservator 0 Other: _____________ _ □ Other: _____________ _
Signer Is Representing: _________ _ Signer Is Representing: _________ _ .~~~.,~~m...cmr-w~e~--G<.""w™rn~-iwrn™'l
©2016 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907

6.of9
May 6, 2025, Item #7
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of San Diego
On ;.e hM a.rtl 6 . \Jo I q before me, Yvonne Mannion Notary Public -bate Here Insert Name and Title of the Officer
personally appeared ___ ...:.K>-:><Co ..... be=t,, ... C'--..a.J""--· ....... «l...:....L.L:.>(3..._ll:a.;-;..;:i! ______________ _ Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s} ~re sybscribed to the within instrument and acknowledged to me that ~he/they executed the same in ~er/their authorized capacity(ieSJ, and that byl!§ther/their signature{s}on the instrument the person(s), or the entity upon behalf of which the person(s} acted, executed the instrument. ee+eeeeeeeoel
@

YVONNE MANNION
i ·Notary PubTic -California l
i San O~c County !
Commission• 2201766
My Comm. Expirtl Jun 18, 202\
Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
----------------OPTIONAL----------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
TI tie or Type of Document: ..J1 .... 2 .... 2..rc.e ..... v"'-Ou.Cc ........ ki""1.,_(} _ __.oq:ffe::µ...,.l{____,t;:...,o"--~V'!:>-.d..,,_,_i""c ,.,...,.,ce _ _._P ... a.,..cyc:..I -+Pfo..:..x.{'f!l--"-'d"""""~-'""fc ... Jcl.._,,,.,· re"--"D...,e._._\ ....

Document Date: ___________________ Number of Pages: _____ _ Signer{s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: ____________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: ______________ _ 0 Other: _____________ _
Signer Is Representing: _________ _ Signer Is Representing: _________ _ m\..~tx.~~~"t..C~~:C~--b<,.~-W!.itV<•-..;,,~-e\
©2016 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 7 of 9
May 6, 2025, Item #7

CERTIFICATION
I,
Robert
J_
Manis,
Director
of
Development
Services,
certify
on
behalf
of
the
City
Council
of
the
City
of
Poway,
pursuant
to
authority
conferred
by
Resolution
No.
17-007
adopted
on
April
18,
2017,
that
the
City
of
Poway
consents
to
the
making
of
the
fore-going
Irrevocable
Offer
and
consents
to
recordation
thereof
by
its
duly
authorized
officer.

Dated:
-~-~--=-.&
/,,,_/_f
_
CITY
OF
POWAY
Director
of
Development
Services
8 of
9 May 6, 2025, Item #7
I
• e Dr Eagle N'\ID
Garden Rd
--10D Area
-~~ ,
~~~
~--i------__l___J Subject Location:
~-:,~ APN 323-060-02 -
OJ
'<
L..
0 C
_J
C
Racquet Ct
0 f-------1
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Cl)
z
~ co ______ j__ ___ ---l
...
0 NORTH
9 of 9
u
City of Poway
Location Map
125 250

ATTACHMENT B
500
Feet
--
C
_J
co
co
Cl)
_J
May 6, 2025, Item #8
AG EN DA REPORT City of Poway
DATE:

TO:

FROM:

CONTACT:

May 6, 2025
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Service~
Douglas Nguyen, Assistant Engineer
(858) 668-4605 or [email protected]

CITY COUNCIL
SUBJECT: Acceptance of the Washwater Tank No. 2 Rehabilitation Project with Advanced Industrial Services, Inc., as Complete
Summary:

On June 4, 2024, the City Council awarded the contract for the Washwater Tank No. 2 Rehabilitation project; Bid No. 24-006, to Advanced Industrial Services, Inc., in the amount of $501,250.00. This action will accept the project as complete.

Recommended Action:

It is recommended the City Council:
1) Accept the Washwater Tank No. 2 Rehabilitation project as complete; 2) Authorize the City Clerk to file and record the Notice of Completion; 3) Authorize the release of the retention in the amount of $25,272.00, if unencumbered, 45 days after City Council acceptance;
4) Release the Travelers Casualty and Surety Company of America Bond for Material and Labor in the amount of $501,250.00 after the release of retention; and 5) Retain the Travelers Casualty and Surety Company of America Bond for Faithful Performance for a period of one (1) year.

Discussion:

This project rehabilitated Washwater Tank No. 2, an existing 220,800 gallon potable water steel storage tank, at the Lester J. Berglund Water Treatment Plant, located at 14521 Lake Poway Road.

Improvements included recoating the interior and exterior of the tank, structural repairs to the roof, vents, rafters, interior center support halo, fall protection upgrades, overflow modifications and installation of a new differential pressure sensor.

The project included two change orders. The first change order addressed necessary repairs identified during construction, including the restoration of interior floor pits and welding at multiple locations along the tank shell, for a total cost of $26,190.00. The second change order reflected adjustments to the additive bid item quantities based on actual field conditions, resulting in the removal of four items 1 of 2
May 6, 2025, Item #8
and a contract savings of $22,000. The final contract amount is $505,440.00.

Environmental Review:

The action of acceptance of public improvements that have been completed, which was the subject of a prior environmental determination, is not considered a Project as defined under Section 15378 of the California Environmental Quality Act (CEQA) State Guidelines; therefore, pursuant to the CEQA State Guidelines Section 15378(b)(5) no environmental review is required.

Fiscal Impact:

This rehabilitation project is a part of the Lester J. Berglund Water Treatment Plant and funded from the Water Enterprise Fund (F5100). Sufficient funds are available in the project account (WT036) for the release of retention. After the retention payment of $25,272.00, the project account (WT036) will have an available balance of $31,897.75. The City proactively plans for water system repair and replacement as part of the budget development process.

Public Notification:

None.

Attachments:

None.

Reviewed/Approved By:

We~ Kaserman
Assistant City Manager
2 of2
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:
c~?
City Manager
May 6, 2025, Item #9
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May 6, 2025, Item #9
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

DA REPORT City of Poway

CITY COUNCIL
May 6, 2025
Honorable Mayor and Members of the City Council
Alan Fenstermacher, City Attorney
Alan Fenstermacher, City Attorney
[email protected]
Ordinance to Amend Poway Municipal Code to Allow Imposition of Administrative Citations and Penalties for Violations of Law
At the April 15, 2025 Regular City Council meeting, Mayor Steve Vaus initiated an item seeking City Council approval to bring an ordinance back for discussion authorizing the City Council to impose administrative citations with civil fines on members of the City Council that violate state and local law.

Specifically, Mayor Vaus mentioned violations of (1) Chapter 2.04 of the Poway Municipal Code ("PMC"), (2) the Brown Act, (3) the Public Records Act, and (4) state law regarding destruction of public records, as well as unilateral, unauthorized disclosure of information protected by City's attorney client privilege, the attorney work product doctrine, or any other privilege held by the City.

The City Council voted 4-1 to bring a proposed ordinance back for discussion and consideration, and as a result, the attached draft Ordinance (Attachment A) is being presented for that purpose. If approved, the Ordinance would authorize the City Council to issue and impose administrative citations and civil fines for the foregoing violations, but only after advance notice and a public hearing.

Recommended Action:

It is recommended the City Council introduce the attached Ordinance (Attachment A) for first reading by title only, waive further reading, and schedule the adoption of the Ordinance for the May 20, 2025 Regular City Council meeting.

Discussion:

Under the existing provisions of the PMC, "any responsible person who violates any provision of the Poway Municipal Code or regulation of the City, any condition of approval of a permit or entitlement, any condition of an environmental review, or any term or condition of any agreement with the City made pursuant to the police power may be issued an administrative citation by [a City] enforcement officer ... " (PMC 1.10.030) "Each and every day a violation exists constitutes a distinct offense, and a 1 of 6
May 6, 2025, Item #10
-\"i
AGEN
- .. - -
- _ .. ; - -.. --.-::-...

May 6, 2025, Item #10
separate citation may be issued for each day a violation occurs. A civil fine shall be assessed by means of an administrative citation issued by the enforcement officer and shall be payable directly to the City of Poway. Fines shall be assessed in amounts not to exceed $1,000 for each violation, or as follows:

1. A fine not exceeding $100.00 for a first violation;

2. A fine not exceeding $200.00 for a second violation of the same ordinance, term, or condition within one year from the date of the first violation;

3. A fine not exceeding $500.00 for a third violation of the same ordinance, term, or condition within one year from the date of the first violation;

4. A fine not exceeding $1,000 for each additional violation after the third violation of the same ordinance, term or condition within one year from the date of the first violation." PMC Chapters 1.08 (General Penalty) and 1.10 (Administrative Citations and Appeals) governing administrative citations and civil fines also contains procedural requirements, including the ability to appeal the matter.

Additionally, the PMC authorizes the prosecution of any violation of the PMC as a misdemeanor or criminal infraction, as well as under any other remedy available under applicable law. In the typical, Code Compliance context, these other remedies -aside from criminal enforcement and administrative citations/civil fines -include forcible abatement pursuant to a warrant, receiverships, or civil actions seeking injunctions.

Thus, under existing law, the City arguably has the ability to take enforcement action against a member of the City Council for any violations of the PMC, including issuing administrative citations and imposing civil fines. However, there is currently no ability for the City to take administrative action in response to violations of state law.

If adopted, the Ordinance would amend the PMC to allow the City Council to directly issue administrative citations and impose civil fines (in the amounts listed above) on an individual member of the City Council for violations of the PMC, as well as for unauthorized disclosure of information protected by City's attorney client privilege, the attorney work product doctrine, or any other privilege held by the City, and violations of the Brown Act, Public Records Act, or state law provisions regarding destruction of public records.

If adopted, the Ordinance would also provide the same general procedural safeguards in place now for administrative citations. In fact, for a citation issued to a member of the City Council, the Ordinance would require advance notice and a public hearing prior to the issuance of any administrative citation, which does not currently occur. Under the PMC, an administrative citation is issued without a hearing, but is subject to appeal. Specifically, here, the administrative citation process would be commenced at a public City Council meeting, requiring a Councilmember to make a motion and receive a second.

Next, City staff would investigate the claim and bring the matter back to the City Council at a public hearing, with advance notice. The member of the Council subject to a potential administrative citation will have the opportunity to participate in the City Council discussion and action on the potential citation. An administrative citation would only be issued to the member of the City Council if at the 2 of 6
May 6, 2025, Item #10
conclusion of that public hearing, the majority of the membership of the City Council votes in favor of the proposed citation and civil fines.

Under the proposed Ordinance, there would be no appeal process because the matter would be heard in first instance by the City's highest, legislative body -the City Council -and there is no higher body to appeal to. However, the City Council's decision would be subject to judicial review in the same manner as any other final decision of the City Council.

Environmental Review:

None.

Fiscal Impact:

None.

Public Notification:

None.

Attachments:

A. Ordinance
Reviewed/Approved By:
-~i~
Assistant City Manager
3 of6
Reviewed By:

Alan Fenstermacher
City Attorney
May 6, 2025, Item #10

ORDINANCE
NO
.

AN

ORDINANCE
OF
THE
CITY

COUNCIL
OF
THE
CITY
OF
POWAY,

CALIFORNIA,

AMENDING

CHAPTER

2.04 (CITY

COUNCIL)
OF
THE
POWAY

MUNICIPAL
CODE
TO
ALLOW

IMPOSITION
OF

ADMINISTRATIVE

CITATIONS
AND

PENALTIES
FOR

VIOLATIONS
OF
LAW

WHEREAS,
the
City
Council
of
the
City
of
Poway
desires
to
authorize
the
City
Council
to
impose
administrative
fines
on
members
of
the
City
Council
that
violate
the
law,
while
ensuring
each
member
is
provided
due
process
and
a
public
hearing
prior
to
the
imposition
of
any
such
fines;
and

WHEREAS,
the
City
Council
of
the
City
of
Poway
finds
and
declares
that
this
has
become
necessary
to
ensure
that
every
member
of
the
City
Council
complies
with
state
and
local
law,
in
order
to
limit
the
City's
potential
liability
.

NOW,

THEREFORE,
THE
CITY

COUNCIL
OF
THE
CITY
OF
POWAY
DOES
ORDAIN
AS

FOLLOWS
:

SECTION
1:

The
above
recitations
are
true
and
correct.

SECTION
2:

Section

2.04.100
of
Chapter

2.04 (C
ity
Council)
of
the
Poway
Municipal
Code
("PMC")
is
hereby
amended
to
read
as
follows,
with
additions
in
underline
:

D.

The
City
Council
shall
have
the
power
to
adopt
a
resolution
of
censure
with
respect
to
any
member
of
the
Council
who
violates
this
section,
or
any
other
section
of
the
Poway
Municipal
Code
.

The
City
Council
shall
also
have
the
power
to
issue
administrative
citations
to
any
member
of
the
Council
for
violations
of
this
section,
or
any
other
section
of
the
Poway
Municipal
Code,
pursuant
to
Chapters

1.08 (General
Penalty)
and

1.10 (Administrative
Citations
and
Penalties)
thereof
.

The
procedure
for
issuing
administrative
citations
to
members
of
the
City
Council
is
set
forth
in
Section

2.04.120.

This
shall
not
limit
any
other
remedy
authorized
by
the
PMC
or
otherwise
available
at
law
to
the
City
Council
with
respect
to
the
conduct
of
any
individual
member
of
the
City
Council.

SECTION
3:

Chapter

2.04 (City
Council)
of
the
PMC
is
hereby
amended
to
add
new
Section

2.04.11 Oas
follows
:
4of6

2.04 .110
Penalties
A.

The
City
Council
shall
also
have
the
power
to
impose
administrative
citations
and
other
authorized
penalties
on
any
member
of
the
Council,
pursuant
to
PMC
Chapters

1.08 (General
Penalty)
and

1.10 (Administrative
Citations
and
Penalties)
and
following
to
procedure
section
forth
in
Section

2.04 .012
herein,
for
any
of
the
following:

1. Unauthorized
disclosure
of
inform;;1tion
protected
by
City's
attorney
client
privilege,
the
attorney
work
product
doctrine,
or
any
other
privilege
held
by
the
City
or
City
Attorney
.

ATTACHMENT
A
May 6, 2025, Item #10
Ordinance
No
.

2. Violations
of
the
Ralph
M.

Brown
Act
(Cal
ifornia
Government
Code
section
54950
et
seq.)
.

3. Violat
ions
of
Public
Record
Act
(California
Government
Code
section
7920.000
et
seq
.).

4. Violations
of
Government
Code
sections
6200
and/or
6201
regarding
destruction
of
public
records
.

5. Violations
of
Government
Code
sections
8314
and/or
54964.5
regarding
use
of
City
resources
in
connection
with
campaign
activ
ities
.

B.

The
process
for
imposing
any
citations
and
or
other
penalty
authorized
by
this
section

2.04 .110
shall
be
initiated
by
a
member
of
the
City
Council
in
the
manner
set
forth
in
Section

2.04 .120,
and
no
citation
or
other
penalty
shall
be
imposed
until,
following
prior
written
notice
and
a
public
hearing
by
the
City
Council,
the
majority
of
the
City
Council
determines
that
a
violation
occurred.

Page
2 SECTION
4:

Chapter

2.04 (City
Council)
of
the
PMC
is
hereby
amended
to
add
new
Section

2.04.120
as
follows
:

2.04 .120
Procedure
for
City
Council
Citations
and
Penalties
A.

If
any
individual
member
of
the
City
Council
believes
another
member
of
the
City
Council
is
potentially
subject
to
an
administrative
citation
and
civil
fine
for
a
violation
set
forth
in
Section

2.04.100
or

2.04 .110
above
,
he
or
she
may
raise
the
matter
as
a
Councilmember
initiated
item
at
a
public
meeting
of
the
City
Council
for
the
sole
purpose
of
obtaining
a
second
to
initiate
the
invest
igation
process
.

B.

If
a
second
is
received
on
a
motion
to
initiate
the
administrative
citation
process,
City
staff
and
the
City
Attorney
's
office
will
investigate
the
matter
and
bring
the
results
of
the
investigation
back
to
the
City
Council
as
a
public
hearing
for
consideration
.

Any
decision
to
issue
an
administrative
citation
and
impose
civil
penalties
against
another
member
of
the
City
Council
shall
require
an
affirmative
vote
of
the
majority
vote
of
the
membership
of
the
City
Council.

The
member
of
the
Council
subject
to
a
potential
administrative
citation
shall
receive
advance
notice
of
the
hearing
on
the
potential
citation
and
be
given
the
opportunity
to
participate
in
the
City
Council
discussion
of
and
the
vote
on
the
potential
administrative
citation
.

C.

The
City
Council's
decision
to
issue
an
administrative
citation
and
impose
civil
penalties
against
another
member
of
the
City
Council
shall
be
final.

SECTION
5:

The
City
Council
finds
that
th
is
Ordinance
is
not
a
"project"
pursuant
to
the
California
Environmental
Quality
Act
("CEQA")
.

SECTION
6:

If
any
provis
ions
of
this
Ordinance
or
the
application
thereof
to
any
person
or
circumstances
is
held
invalid,
that
invalidity
shall
not
affect
other
provisions
or
applications
of
5 of
6 May 6, 2025, Item #10
Ordinance
No
.

Page
3 the
act
which
can
be
given
effect
without
the
invalid
provisions
or
application,
and
to
this
end
the
provisions
of
this
act
are
severable
.

SECTION
7:

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
pub
lished
with
the
names
of
the
City
Councilmembers
voting
for
and
against
the
same
in
the
Poway
News
Chieftain,
a
newspaper
of
general
circulation
in
the
City
of
Poway
within
fifteen
(15)
days
after
its
adoption
and
shall
post
a certified
copy
of
this
Ordinance
in
the
Office
of
the
City
Clerk
in
accordance
with
Government
Code
§
36933.

INTRODUCED
AND
FIRST
READ
at
a
Regular
Meeting
of
the
City
Council
of
the
City
of
Poway,
California,
held
the
6th
day
of
May,
2025
, and
thereafter.

PASSED
AND

ADOPTED
at
a
Regular
Meeting
of
said
City
Council
held
the
20th
day
of
May,
2025
by
the
following
vote,
to
wit:

AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED
:

Steve
Vaus
, Mayor
ATTEST: Carrie
Gallagher,
CMC
, City
Clerk
6 of6
May 6, 2025, Item #11
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AG EN DA REPORT City of Poway
May 6, 2025
Honorable Mayor and Members of the City Council
Brian Mitchell, Fire Chief#'
Jenna Stein, Disaster Preparedness Coordinator ~
(858) 668-4474 or [email protected] cFJ

CITY COUNCIL
Ordinance Amending Poway Municipal Code Chapters 15.24 and 8.76, to Designate Fire Hazard Severity Zones and Consolidate Defensible Space Regulations, and Determination that the Adoption of the Foregoing Amendments by Ordinance are Exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061 (b)(3)
On March 24, 2025 the City received recommendations for the identification of fire hazard severity zones from the California Office of the State Fire Marshal. State law requires the City to adopt the recommendations by ordinance within 120 days of receipt. Adoption of this ordinance recognizes the 2025 recommendations for fire hazard severity zones, modifying the geographical area in which wildland urban interface planning and development regulations and defensible space requirements apply.

In addition to adopting the state recommendations, staff is using this opportunity to make administrative changes to the Poway Municipal Code to better align with the 2022 California Fire Code and to consolidate all defensible space codes into a single section. Adoption of this ordinance will extend the State's minimum requirements for defensible space to parcels that are located outside of the very high fire hazard severity zone and are enrolled in the City's Wildfire Defensible Space Program.

Recommended Action:

It is recommended the City Council take public input, close the public hearing and introduce the Ordinance (Attachment A) for first reading by title only, schedule the second reading and adoption for May 20, 2025, set an effective date of July 1, 2025, and determine that the adoption of the foregoing amendments by Ordinance are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines Section 15061 (b)(3).
1 of23
May 6, 2025, Item #11
Discussion:

The City of Poway recognizes wildfire as a hazard due to the City's terrain with steep mountainous slopes and valleys, a climate that includes warm, dry Santa Ana winds, and highly flammable native vegetation. History has proven this hazard is more than just theoretical. Notable fires causing damage to homes within Poway include the "1967" Fire, the Cedar Fire, and the Witch Fire.

The State of California Legislature has declared that the prevention of wildland fires is a matter of statewide concern, posing a serious threat to the preservation of the public peace, health, or safety.

Assembly Bill 337 (Bates) called for the California Office of the State Fire Marshal (OSFM) to evaluate fire hazard severity within local jurisdiction areas. Government Code 51179 requires that the City shall designate, by ordinance, the fire hazard severity zones (FHSZ) identified by the OSFM. The City may identify additional areas as a FHSZ or increase the level of fire hazard but, critically, the City may not decrease the severity level or remove areas identified.

To identify the FHSZ, the OSFM developed a model to determine the probability of an area burning and the expected fire behavior for that area under extreme fuel and weather conditions. Factors considered include fire history, terrain, local weather, vegetation, proximity to wildland, probable flame length, and blowing embers. An emphasis was placed on ember spread from the wildland to the structures in the wildland urban interface. Studies have shown 90% of homes damaged or destroyed by wildfire are due to embers landing on and igniting the vulnerable areas of the home or the home's ornamental landscaping.

The City of Poway first developed a fire hazard severity map in 2007 to specify the geographical areas which would require new development to utilize the Wild land Urban Interface Building Code. The City was required to enforce the new building codes and utilized the best available information at the time, including recommendations from the OSFM, to develop a map for this purpose. In 2008, the City identified 2,500 parcels to be reviewed for inclusion in a Wildfire Defensible Space Program due to their proximity to wildland areas. The Wildfire Defensible Space Program requires the annual trimming of highly flammable native vegetation to reduce the risk of wildfire spreading from the wildland area to residential structures. The OSFM last identified FHSZ within local jurisdictions in 2009.

The City adopted the recommended map with the addition of 70 parcels determined by the Fire Department to have a very high fire hazard. The identified very high FHSZ has remained unchanged since then, however, the City has continued to take steps to mitigate the hazard with a focus on hardening new development. In 2016, the California Building Code was amended to require all new structures within the City be built with fire-resistant roofing materials. As of January 2023, all new structures within the very high FHSZ are required to have a five-foot zero combustion zone.

The 2009 FHSZ map identified 29.24 square miles as very high FHSZ, this area included 5,815 parcels.

At that time, the OSFM did not identify high or moderate FHSZ within the local jurisdiction area. The 2025 update by the OSFM identifies 31.13 square miles as very high FHSZ. While less than two square miles of area were added, a total of 3,282 parcels have been added due to an expansion into more densely populated areas with smaller parcel sizes. For the first time, 2.59 sq. miles and 2.35 sq. miles have been identified as high FHSZ and moderate FHSZ, respectively.

The designation of FHSZ allows for land use planning and development requirements to reduce the level of risk present in the community. Adoption of this ordinance will modify the current FHSZ map 2 of 23
May 6, 2025, Item #11
to be replaced with the recommended map provided by the OSFM. The recommended map does not consider jurisdictional, zoning, or parcel boundaries. Staff recommends any parcel partially located within a FHSZ or within one or more FHSZ shall be considered entirely within the most restrictive of the FHSZ represented. This interpretation will ensure new development will be built to the highest fire-resistant standard. The effective date for the map modification is recommended to be July 1, 2025.

Building permit applications submitted after that date shall use the new map to determine if wild land urban interface building codes are required.

In addition to adopting the OSFM recommended map, staff is using this opportunity to make administrative changes to the Poway Municipal Code to better align with the 2022 California Fire Code and to consolidate all defensible space codes into a single section. While not strictly necessary, the affected codes are applied and enforced based on the geographic area identified by the FHSZ map.

Staff recommends the State of California's minimum requirements for defensible space in the very high FHSZ, as defined by Government Code 51182 and California Code of Regulations Title 14, Division

1.5, Chapter 7, Subchapter 3, Article 3, be incorporated into the PMC. The minimum requirements apply to all existing homes and provide guidance for the maintenance and reduction of vegetation in the 100-foot defensible space area surrounding a structure. Adoption of this ordinance does not increase the requirements for existing homes in the very high FHSZ, these requirements apply regardless of their incorporation into the PMC. This change is recommended to provide greater clarity to residents regarding their responsibility for defensible space.

Staff recommends administrative updates to the PMC to move existing local defensible space codes from Chapter 8.76 to Chapter 15.24.100, consolidating all related codes into a single section. This update also includes incorporation of the Wildfire Defensible Space Program policy, used to implement local defensible space codes. Additional administrative updates are recommended to better align Chapter 15.24.100 with the referenced section of the 2022 California Fire Code. This includes the re-numbering of PMC sections within Chapter 15.24.100. This restructuring of the PMC does not represent any change to current business practices.

The Wildfire Defensible Space Program (WDSP) currently includes approximately 615 privately owned parcels, the owners of which are required to reduce highly flammable native vegetation within 100 feet of a structure. When this program was created it identified a very specific hazard mitigation measure to reduce the risk of wildfire to structures immediately adjacent to wildland areas.

Compliance with these requirements, without application of the State's minimum requirements for defensible space, continue to leave homes vulnerable to wildfire. Almost half of the WDSP parcels are currently not within the very high FHSZ and are not required to meet the state's minimum requirements for defensible space. The 2025 recommended map reduces the number of parcels to less than 100. Adoption of this ordinance will amend the PMC to declare parcels enrolled in the WDSP and not within the very high FHSZ as a hazardous fire area. Parcels identified as a hazardous fire area will be required to meet the State's minimum requirements for defensible space including the reduction of highly flammable native vegetation.

On March 27, 2025, staff published the recommended FHSZ map on the City of Poway website and created a form to accept public comments and questions, five responses have been received. On April 10, 2025, the Fire Department hosted a workshop to provide information regarding the FHSZ map and answer questions; approximately 35 community members attended. Primarily, two separate concerns 3 of 23
May 6, 2025, Item #11
were expressed in the comments received. Community members wanted to know what steps they could take to reduce the risk on their property and what effect the designation of a FHSZ would have on their ability to secure insurance. These two concerns are directly connected. Insurance companies use individual property risk assessments to determine insurability and set rates. The California Department of Insurance and the independent non-profit group United Policyholders provide information to homeowners on how risk reduction efforts may affect insurability and homeowner's rights after a non-renewal. It is important to note that insurance companies are well aware of the recommended fire hazard severity map issued by OSFM, and as a result, the City's adoption of the map is unlikely to impact the behavior of insurance carriers.

It is a goal of the City of Poway to minimize injuries, loss of life and property damage resulting from natural and man-made hazards. The FHSZ map provides the City with the legal foundation to require fire-resistant building standards and other applicable regulations. The recognition of wildfire as a hazard raises awareness for residents, encouraging property owners to be more prepared and take steps to reduce their individual risk. Such steps include completing a home ignition zone assessment with the Poway Fire Department, attending a Wildfire Safety and Evacuation Awareness workshop, or forming a FireWise Community. It is only through a collective effort that we can reduce our risk and increase the City's resilience to the effects of wildfire.

Environmental Review:

This project is exempt from the requirements of the California Environmental Quality Act (CEQA}, pursuant to Section 15061 (b)(3) for the CEQA guidelines, as it entails adoption of State-mandated codes, with minor local amendments, and there is no possibility this will have a significant effect on the environment.

Fiscal Impact:

None.

Public Notification:

A notice of Public hearing was published in the Poway News Chieftain on Thursday April 24, 2025.

Attachments:

A. Proposed Ordinance
B. Public Comment Received
Reviewed/Approved By:

Assistant City Manager
4of 23
Reviewed By:

Alan Fenstermacher
City Attorney
Ap~
Chris H e tine
City Manager
May 6, 2025, Item #11
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA AMENDING CHAPTERS 15.24 AND 8.76

OF THE POWAY MUNICIPAL CODE, TO DESIGNATE FIRE

HAZARD SEVERITY ZONES AS RECOMMENDED BY THE

CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE

PROTECTION AND CONSOLIDATE DEFENSIBLE SPACE

REGULATIONS
WHEREAS, SB63 "Fire Prevention: Vegetation Management: Public Education: Grants:

Defensible Space: Fire Hazard Severity Zones" (2021) amended Government Code section 51178 to direct the State Fire Marshal to identify moderate, high, and very high fire hazard severity zones;
WHEREAS, Government Code 51179 requires the local agency to designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal; WHEREAS, the City Council of the City of Poway finds that the City of Poway is at serious risk of wildfire due to its terrain, climate, and the presence of highly flammable native vegetation; WHEREAS, Government Code 51182 and California Code of Regulations Title 14, Division 1.5, Chapter 7, Subchapter 3, Article 3 identify requirements for the maintenance of defensible space for all occupied dwellings within a very high fire hazard severity zone; WHEREAS, Ordinance No. 677 amended Chapter 8.76 of the Poway Municipal Code to create a defensible space program to be implemented in accordance with the City of Poway Wildfire Defensible Space Program Policy;
WHEREAS, Ordinance No. 698 amended Chapter 15.05.070, subsequently re-numbered to Chapter 15.24.100, to allow for the identification of hazardous fire areas by the Fire Authority Having Jurisdiction (FAHJ); and
WHEREAS, it has been determined that there is a need to update Chapter 15.24 and Chapter 8.76 to consolidate the applicable defensible space regulations within a single chapter.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:

SECTION 1: The above recitations are true and correct.

SECTION 2: Poway Municipal Code Section 15.24.030 "Definitions" is hereby amended as follows, with additions in underline, and deletions in strikethrough:
5 of23
Defensible Space. An area either natural or man made, abutting and/or adjacent to a structure where material capable of allowing a fire to spread unchecked has been treated, cleared, or modified to slow the rate and intensity of fire spread to provide defense from an advancing wildfire and to create an area for fire suppression operations to occur. Distance measurements for defensible space

ATTACHMENT A
May 6, 2025, Item #11
Ordinance No. ***

Page 2 ends

shall be measured on a horizontal plane and in accordance with Section Four of the City of Poway Landscape and Irrigation Design Manual.

Hazardous Fire Area. Any geographic area mapped by the State or designated by a the FAHJ as a moderate, high or very high fire hazard area or which the FAHJ has determined is a hazardous fire area because the type and condition of vegetation, topography, weather and structure density increase the probability that the area will be susceptible to wildfire.

Heritage Tree. Any mature tree or mature stand of trees designated by the City Council as having historic or cultural significance.

Highly Flammable Native Vegetation. Species that provide large fuel loads such as sumac, native oak, chamise, grassland, chapparal, coastal sage scrub and sage. It does not include low-fuel-load species such as toyon, yucca, lemonade berry, and other similar types of plants.

Local Responsibility Area {LRA). Areas in which the financial responsibility of preventing and suppressing fires is the responsibility of the City.

Structure. Includes any of the following: (1) buildings designed primarily for human use, including attached structures such as garages; or (2) buildings designed to house large animals. "Structure" does not include sheds, storage buildings, or detached garages that are not designed for human use or the housing of large animals.

SECTION 3: Poway Municipal Code Section 15.24.040 "General Precautions Against Fire" is hereby amended as follows, with additions in underline, and deletions in strikethrough:
6 of23
Section 305.6 is added to read:
305.6 Rockets, model aircraft and similar devices. Rockets, model airplanes, gliders, balloons, sky lanterns, floating luminaries or similar devices powered with an engine, propellant, open flame, or other feature liable to start or cause a fire shall not be projected into or across hazardous fire areas or areas identified as a fire hazard severity zone without prior approval of the fire code official.

Section 324 is added to read:

STORAGE OF FIREVVOOD
324.1 Storage of Firewood General. Firewood shall not be stored in unenclosed space beneath a building or structure, on a deck or under eaves, a canopy or other projection or overhand. Firewood stored in the defensible space surround a structure In the very high fire hazard severity zone firewood shall be stored at least 30 feet from any structure, be separated from the crown of any trees by a minimum of 15 feet, measured horizontally, and have a minimum of 10 feet of clearance, down to bare mineral soil, in all directions. Firewood not for use on the premises shall be stored so as to not pose a fire hazard.

May 6, 2025, Item #11
Exceptions:

Ordinance No. ***

Page 3 ends

.1. Firewood piles that are completely covered in a fire resistant material are exempt.

Section 325 is added to read:

Section 325 Declaration of Public Nuisance. All highly flammable chaparral vegetation, and dead or dying trees or shrubs, growing upon the streets, sidewalks, or upon private property within the City, which by reason of their size, manner of growth, and location constitute a fire hazard to any structure, improvements, crops or other property, are declared by this chapter to be a public nuisance. A dead or dying tree or shrub shall not be classified as a public nuisance unless the tree or shrub is in a condition that constitutes a fire hazard. All vegetation which constitutes a public nuisance pursuant to this section shall be reduced or removed as determined necessary by the Director of Development Services or Fire Marshal.

Highly flammable native vegetation shall be reduced as described in 4907.4.1.

Section 325.1 is added to read:

Section 325.1 Abatement of Public Nuisance. If the responsible person fails or neglects to abate the nuisance, abatement may be completed in accordance with Section 8.76 of the Poway Municipal Code.

SECTION 4: Poway Municipal Code Section 15.24.100 "Wildland-Urban Interface Fire Area" is hereby amended as follows, with additions in underline, and deletions in strikethrough:
7 of 23
Section 4904.4 is added to read:
4904.4 Local Responsibility Area Fire Hazard Severity Zones. The City of Poway designates the fire hazard severity zones as recommended by the Office of the State Fire Marshal pursuant to Government Code Section 51178.

Section 4904.4.1 is added to read:
4904.4.1 Parcel Identification. Any parcel that is within one or more fire hazard severity zones or is partially included in a fire hazard severity zone shall be considered entirely within the most restrictive of the fire hazard zones identified.

Section 4904.4.2 is added to read:
4904.4.2 Display of Fire Hazard Severity Zones and Hazardous Fire Areas. The maps have been duly noticed and posted as required by law and are available for public viewing at the office of the City Clerk or on the City of Poway website.

Section 4907.4 1905.4 is added to read:
4905.4 General Fire Setbacks. Within Rural Residential Zones, except for noncombustible buildings and structures, buildings and structures located within a wild land-urban interface area shall be setback a minimum of 30 feet from property May 6, 2025, Item #11
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Ordinance No. ***

Page 4 ends

lines and biological conservation and/or open space easements unless the Poway Municipal Code requires a greater minimum or if existing legally permitted buildings and structures are located within 30 feet of the property line (legal nonconforming), then the existing distance from the property lot line established by the nonconforming portion of the building shall be used as the required setback distance for any detached accessory structures or additions to that building. When the property line abuts a roadway, the setback shall be measured from the farthest roadway edge.

Exception:

1. When the fire code official determines the hazard from a wildland fire is not significant or when the terrain, parcel size or other constraints on the parcel make the required setback infeasible, this setback may be reduced to less than 30 feet when additional measures are employed to the satisfaction of the fire code official.

2. No other exceptions to the General Fire Setback is permissible except for where local setbacks are pre-empted by State law. the creation of Accessory Dwelling Units and Junior Accessory Dwelling Units as def.ined in PMC Title 4-7,.

Section 4907.5 4905.5 is added to read:
4907.5 4905.5 Structure Setback from Slope. Single-story structures shall be setback a minimum 15-feet horizontally from top of slope to the farthest projection from a roof. A single-story structure shall be less than 12-feet above grade. A two­ story structure shall be setback a minimum of 30-feet horizontally from top of slope to the farthest projection from a roof. Structures greater than two stories may require a greater setback when the slope is greater than 2 to 1.

Exceptions:

1. Structures constructed with a noncombustible exterior wall adjacent to the slope, no openings adjacent to the slope, no combustible attachments to the exterior wall adjacent to the slope, and no roof eaves adjacent to the slope.

2. There exists no open wildland fuel area directly adjacent or juxtaposed to the structure, and the slope is directly adjacent to developed parcels with fuel management principals principles in place.

3. The fire code official determines the hazard to be minimal.

Section 4907.9 4906.3 is aG€ieG modified to read:
4907.9 4906.3. Landscape Plans. Landscape plans are required for new residential developments, residential custom homes, production tract homes, multi-family residential, and commercial buildings in the wildland-urban interface area. The plan shall include development and maintenance requirements for the fuel modification zone adjacent to structures and roadways, and to provide significant fire hazard reduction benefits for public and firefighting safety.

May 6, 2025, Item #11
9 of23
Ordinance No. ***

Page 5 ends

Landscape plans shall be submitted and approved by the Development Services Department and the fire code official prior to the issuance of a building permit.

Landscape plan submittals shall follO'tv the submittal requirements found in the Landscape and Irrigation Design Manual and shall, at a minimum, include a readable scale, the delineation of 100 foot fuel modification zones, the existing vegetation, all irrigated areas, a plant legend with both botanical and common names, and identification of all plant material symbols. The fire code official may expand or reduce the distance of the fuel modification zones based on project location, surrounding vegetation, and topography.

Section 4906.3 is modified to read:
4906.3.1 Contents. Landscape plans shall follow the submittal requirements found in the Landscape and Irrigation Design Manual and shalL at a minimum, include:

1. Delineation of the 5-foot, 30-foot, and 100-foot fuel management zones from all structures.

2. Identification of the existing vegetation to remain and proposed new vegetation.

3. Identification of all irrigated areas.

4. A plant legend with both botanical and common names, and identification of all plant material symbols.

5. Identification of ground coverings within the 5-foot and 30-foot zones

6. A readable scale
Section 4907.10.1 4906.3.2 is added to read:
4907.10.1 4906.3.2 Landscape Installation. All landscaping shall be installed according to the landscape plan prior to final inspection for issuance of a certificate of occupancy.

Section 4907.6 4906.5 is added to read:

Section 4907.6 4906.5 Fuel Modification. A person ovming, leasing, controlling, operating or maintaining a building or structure in or adjoining a hazardous fire area, and a person owning, leasing or controlling land adjacent to a building or structure in or adjoining a hazardous fire shall maintain an effective fuel modification zone by removing, clearing or modifying combustible vegetation and other flammable materials from areas Within 100-feet from each building or structure, or as determined by the fire code official, all new vegetation shall be planted and all existing vegetation shall be modified as fHftRef described below.

With the approval of the fire code official, the width of the fuel modification zone may be reduced where ignition resistant construction or other mitigation measures are implemented. The fuel modification zone shall be maintained according to applicable defensible space and vegetation management policies, the Wildfire Defensible Space Program and the City of Poway Landscape and Irrigation Design Manual.

May 6, 2025, Item #11
10 of 23
Ordinance No. ***

Page 6 ends

Fuel Modification Zones.

Zone 0 "Immediate Zone" from Oto 5 feet. This zone shall consist of the area under and around buildings or structures and measures from the exterior wall surface or edge, patio, deck, or attachments to, and extending out to 5 feet. This zone shall be constructed of continuous hardscape or non-combustible materials. The use of natural mulch and other combustible materials shall be prohibited.

Zone 1 "Intermediate Zone" from 5 to 30 feet. This zone shall consist of 25 feet of planting of low growth, drought tolerant and fire resistive plant species from 5 to 30 feet or to the property line, whichever is closer. Vegetation in this zone shall be irrigated and planted in accordance with the City of Poway Landscape and Irrigation Design Manual.

Zone 2 "Extended Zone" from 30 to 100 feet. This zone shall consist of 70 feet of maintained vegetation from 30 to 100 feet, or to the property line, whichever is closer. Vegetation in this zone shall be maintained in accordance with the City of Poway Landscape and Irrigation Design Manual.

Exceptions:

1. Single specimens of trees, ornamental shrubbery or similar plants used as ground cover, provided that they do not form a means of rapidly transmitting fire from the native growth to any structure.

2. With the approval of the fire code official, the width of the fuel modification zone may be reduced where ignition-resistant construction or other mitigation measures are implemented.

Section 4907.6.1 4906.5.1 is added to read:

Section 4907.6.1 4906.5.1 Fuel Modification of Combustible Vegetation from Sides of Roadways. The FAHJ may require a property owner to modify combustible vegetation in the area within 10 feet from each side of the driveway or a public or private road adjacent to the property to establish a fuel modification zone. =l=Re F.'\HJ has the right to enter a private property to ensure the fuel modification zone requirements are met.

Exception:

The FAHJ may reduce the fuel modification zone if it will not impair access.

Section 4906.5.2 is added to read:

Section 4906.5.2 Inspection. The FAHJ has the right to enter private property to ensure the fuel modification zone requirements are met.

Section 4907.6.2 4906.6 is added to read:

Section 4907.6.2 4906.6 Community Fuel Modification. The FAHJ may require a developer, as a condition of issuing a building permit certificate of occupancy, to May 6, 2025, Item #11
11 of 23
Ordinance No. ***

Page 7 ends

establish document, with a landscape plan, one or more fuel modification zones to protect a new community by reducing the fuel loads adjacent to a community and structures within it.

Section 4907.7 4906.6.1 is added to read:

Section 4907.7 4906.6.1 Land Ownership. Once a fuel modification zone has been established under section 4907.6 4906.6, the land on which the zone is located shall be under the control of an association or other common ownership established in perpetuity, for the benefit of the community to be protected.

Section 4907.4 is added to read:

Section 4907.4 Defensible Space. Any person who owns, leases, controls, operates, or maintains an occupied dwelling or occupied structure that is within a very high fire hazard severity zone or hazardous fire area shall maintain defensible space in accordance with Government Code 51182 and California Code of Regulations Title 14, Division 1.5, Chapter 7, Subchapter 3, Article 3.

Section 4907.4.1 is added to read:
4907.4.1 Highly Flammable Native Vegetation. Highly flammable native vegetation shall only be reduced by mowing or trimming the vegetation to a height of 6 to 12 inches, leaving the plant root intact to stabilize the soil. Native vegetation may not be reduced by clearing, brushing or grubbing and may not be removed to bare soil.

Native vegetation may not be removed beyond the fuel modification zone without a permit.

Section 4907.4.2 is added to read:
4907.4.2 Good Neighbor/ Neighborhood Protection. When a structure is less than 100 feet from a property line and hazardous vegetation on an adjacent improved or unimproved parcel is deemed to be a fire hazard to the structure, the responsible person where the fire hazard exists shall be responsible for removing the fire hazard in that area that is within 100 feet of the structure. The determination for appropriate clearance distances will be made by the fire code official based upon a visual inspection of the parcel and shall consider all factors that place the property or structure at risk from an approaching fire. These factors shall include local weather conditions, fuel types, topography, and the environment where the property or structure is located.

Section 4907.4.3 is added to read:

Section 4907.4.3 Exceptions. The following types of vegetation may require an administrative clearing permit and shall not be subject to reduction or removal pursuant to this chapter without the prior approval of the fire code official:

1. Heritage Trees.

2. Vegetation within streambeds, banks, and vernal pools.

3. Vegetation located within a recorded Biological Conservation Easement. In the case of vegetation that is within any habitat that is required to be removed May 6, 2025, Item #11
Ordinance No. ***

Page 8 ends

pursuant to this chapter shall be mitigated in kind by the property owner at a 1 :1 ratio.

SECTION 5: Poway Municipal Code Section 8.76 "Defensible Space, Vegetation Management and Waste Accumulations" is hereby amended as follows, with additions in underline, and deletions in strikethrough:
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Chapter 8.76 "Defensible Space, Vegetation Management Weed Abatement and Waste Accumulations"

8.76.010 Purpose and Intent.

The City of Poway is at serious risk of wildfire due to its terrain, with steep mountainous slopes and valleys; a warm, dry climate; and highly flammable chaparral vegetation. For this reason, a comprehensive strategy for reducing the risk of wildfire is necessary. This strategy includes the creation of defensible space by clearing highly flammable chaparral vegetation around structures, and the Vegetation Management Program, involving the removal of highly flammable chaparral vegetation and the 3batement of weeds and dry grasses.

The public health and safety are also threatened by the accumulation of waste material that is left out in the open, such as rubbish, crates, cartons, metal and glass containers, and vehicle bodies and parts. This chapter also provides for the abatement of accumulated waste material that has been determined to be a public nuisance.

The portions of this chapter related to defensible space shall be interpreted and implemented in a manner consistent with the City's V\lildfire Defensible Space Program Policy.

8.76.015 Definitions
For the purposes of this chapter, the words set out in this section shall have the following meanings:
"Clearing", "brushing", or "grubbing" means the complete removal of vegetation to bare soil and is not a permitted activity to comply with the requirements of this chapter.
"Defensible Space" means an area that is either natural or manmade, where material capable of allowing a fire to spread unchecked has been treated or modified to slow the rate and intensity of an advancing wildfire, and to allow an area for fire suppression operations. Defensible space does not require clearing, brushing, or grubbing, grading or the exposure of bare soil. "Director of Development Services" means the Director of Development Services or his or her designee.
"Fire Marshal" means the Fire Marshal or his or her designee.

May 6, 2025, Item #11
13 of 23
Ordinance No. ***

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"Fuel, light" means vegetation consisting of herbaceous plants and round wood less than one-quarter inch in diameter. Light fuels include, but are not limited to, western grasslands vegetated by annual or perennial grasses and/or weeds. "Heritage tree" means any mature tree or mature stand of trees designated by the City Council as having historic or cultural significance. "Highly flammable chaparral n-ative vegetation" means species that provide large fuel loads such as sumac, SGFOO native oak, chamise, grassland, chapparal, coastal sage scrub and sage. It does not include low-fuel-load species such as toyon, yucca, lemonade berry, and other similar types of plants. "Structure" means any of the follo•Ning: (1) buildings designed primarily for human use, including attached structures such as garages; or (2) buildings designed to house large animals. "Structure" does not include sheds, storage buildings, or detached garages that are not designed for human use or the housing of large animals.
''Thinning" means the reduction of fuel by methods such as mowing and trimming that leave the plant root intact to stabilize the soil. Thinning includes the cutting of highly flammable chaparral species to within six to 12 inches of the soil. "Waste material" means unused or discarded matter having no substantial market value, which is exposed to the elements and is not enclosed in any structure or otherwise concealed from public view, and which consists, without limitation or exclusion by enumeration, of such matter and material as:

1. Rubble, asphalt, concrete, plaster, tile;

2. Rubbish, crates, cartons, metal and glass containers;

3. Vehicle bodies and parts.

8.76.020 Discretion.

Where discretion is given in this chapter to determine a public nuisance or reasonable probability thereof or any material question of fact raised in this chapter, that discretion shall lie with the Director of Development Services or Fire Marshal.

8.76.030 Defensible Space Highly Flammable Chaparral Vegetation. /\. Declaration of Nuisance. /\II highly flammable chaparral vegetation, and dead or dying trees or shrubs, growing upon the streets, sidewalks, or upon private property within the City, which by reason of their size, manner of growth, and location constitute a fire hazard to any structure, improvements, crops or other property, are declared by this chapter to be a public nuisance. /\ dead or dying tree or shrub shall not be classified as a public nuisance unless the tree or shrub is in a condition that constitutes a fire hazard.

B. Nuisance Per Se. Any vegetation of a type described in subsection ,A. of this section that is located within 100 feet of a structure shall constitute a public nuisance per so.

May 6, 2025, Item #11
Ordinance No. ***

Page 10 ends

C. Exceptions. The following types of vegetation shall not be subject to reduction or removal pursuant to this chapter:

1. Low flammability plant species, including but not limited to toyon, yucca, and lemonade berry.

2. Ornamental landscaping.

3. Heritage trees.

4. Vegetation within streambeds, banks, and vernal pools.

D. Reduction or Removal of Highly Flammable Chaparral Vegetation.

1. ,1\11 vegetation which constitutes a public nuisance pursuant to this section shall be reduced or removed as determined necessary by the Director of Development Services or Fire Marshal. Highly flammable chaparral vegetation shall be reduced only by thinning, and not by clearing, brushing, grubbing or grading.

2. In the case of light fuel vegetation which is located on a slope of less than 40 percent, the Fire Marshal may require a defensible space area of less than 100 feet from a structure. However, in no case shall the required defensible space area be less than 50 feet from a structure.

3. In the case of vegetation that is within a recorded biological conservation easement, any habitat that is required to be removed pursuant to this chapter shall be mitigated in kind by the property owner at a 1 :1 ratio.

8.76.035 Vegetation management Weed Abatement -Weeds and dry grasses.

8.76.036 Reduction or Removal of Vegetation.

A. All vegetation which constitutes a public nuisance pursuant to this section shall be removed as determined necessary by the Director of Development Services or Fire Marshal. Native vegetation shall be reduced only by thinning, and not by clearing, brushing or grading.

SECTION 6: The City Council finds that this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Section 15061 (b)(3) as it entails adoption of State-mandated codes, with minor local amendments, and there is no possibility this will have a significant effect on the environment.

SECTION 7: If any provisions of this Ordinance or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions of or applications of the act which can be given effect without the invalid provisions or application, and to this end the provisions of this act are severable.

SECTION 8: This Ordinance shall be codified.

EFFECTIVE DATE: This Ordinance shall take effect and be in force as of July 1, 2025.

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 14 of 23
May 6, 2025, Item #11
Ordinance No. ***

Page 11 ends

members voting for and against the same in the Poway News Chieftain, a newspaper of general circulationin the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933.

INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Poway, California, held the 6th day of May, 2025, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 20th day of May, 2025, by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
15 of 23
May 6, 2025, Item #11
From:

To:
christy.winters
Coundlmembers
Subject:

Date:

Cal Fire Very high fire hazard zone
Friday, April 11, 2025 10:47:09 AM
Some people who received this message don't often get email from [email protected]. Learn why this is important
"XTER.NAL ·M I
Honorable Poway City Council,
Thank you for all your work over the years for emergency and fire preparedness.

I am very concerned that Cal Fire has overallocated the "Very High" Fire hazard zone by including nearly 80% of Poway in their latest March maps. It is already an extremely challenging prospect to get homeowners insurance without moving to the insolvent California Fair plan, and now with this new map, nearly all of us Poway homeowners are now rendered uninsurable.

We attended a "workshop" held by the Poway Fire Department last night to discuss the map, but the team was unable or unwilling to disclose what is the penalty for the City of Poway's non-adoption of the current map. Cal Fire is utilizing state law California government code 51175-89 to declare that the city has to adopt by ordinance the recommended map within 120 days of its release. I need to discuss the urgent need for you to leave the 2024 maps in place and not adopt this overallocated March, 2025 update to the map. Your constituents are depending upon you! Please let me know if you have any further questions or wish to discuss the details.

Thanks,
Christy Winters
(858) 344-0053
16 of23 ATTACHMENT B
May 6, 2025, Item #11
From:

To:

Subject:

Date:

Lars Staack
Chris Pikus
Re: Colony FHSZ Map
Monday, April 14, 2025 9:46:31 AM
[You don't often get email from [email protected]. Learn why this is important at https·//aka ms/LearnAboutSenderldentification ]

EXTERNAL EMAIL
Dear Mr. Pikus
I have decided not to follow through with my request to meet you in order to discuss the Fire Hazard Severity Zone (FHSZ) Map. I sincerely appreciate your receptiveness in accepting my request. However, after meeting with Chief Brian Mitchell, I have concluded that attempting to change the FHSZ is a quixotic task.

I sincerely believe that the FHSZ Map overstates credible fire hazards within my neighborhood. Although the State Fire Marshal's office emphasizes that the new map was created using "scientific methodology", it's obvious that the less hazardous gradients emanating from very high hazard zones are templated by distance. Chief Mitchell agreed that the newly created zones of"moderate" and "high" levels of hazard don't seem to conform to local topography or winds, and these conditions are very important to fighting wildfires, but asserted that there is enough variability of conditions to preclude changing the map.

Again, thank you for taking my concerns seriously and offering your time.

Lars K. Staack
14626 Colony Way
On Thu, Apr 10, 2025 at 2:38 PM Chris Pikus <[email protected]> wrote:
>
> I would be glad to meet and discuss.
> I'm on vacation right now, but please call or text my cell phone (858-746-0000) next week and we can_ setup a meeting.
>
> Chris Pikus
>
>-
> Christopher J Pikus
> Councilman for District One
> Poway, California
> [email protected]
> ---------------> From: Lars Staack <[email protected]> > Sent: Thursday, April 10, 2025 7:22:40 PM
> To: Chris Pikus <[email protected]>
> Subject: Colony FHSZ Map
>
> [You don't often get email from [email protected]. Learn why this is important at https-//aka ms/LearnAboutSenderldentificatiou]
17 of 23
May 6, 2025, Item #11
>
> EXTERNAL EMAIL
>
> Dear Mr. Pikus
>
> Residents within the "Colony" neighborhood (Colony Drive, Colony Way, > Heritage Way) request a short and amiable meeting with you in order to > discuss the draft Fire Hazard Severity Zone (FHSZ) Map. >
> Our contention is that the draft FHSZ map fails to adequately consider > topography and prevailing winds, even though Cal Fire states that > topography and climate are considered as factors. The draft FHSZ map > lists our neighborhood within both moderate and high severity zones, > dependent on the linear distance of a house to the very high zone > centered near Fire Station 3. Some homes are in both high and moderate > zones.
>
> The FHSZ map should consider historical prevailing winds from high > zones, rather than distance. Winds almost always blow from our > neighborhood towards the Fire Station 3 very high zone. Winds during > Santa Ana conditions always blow from the North East. Our neighborhood > would be considered within the moderate safety zone if historical > prevailing winds were considered. We believe that a meeting can > provide better clarity on the draft FHSZ map.
>
> Thank you for your time and consideration.
>
> Lars K. Staack
> 14626 Colony Way
> 714-404-6211
18 of 23
May 6, 2025, Item #11
• Outlook
Online Form Submittal: Fire Hazard Severity Zone Comment Form From [email protected] <[email protected]>
Date Sun 3/30/2025 7:46 AM
To Jenna Stein <[email protected]>; Andy Loperena <[email protected]>; Kristin Holden < [email protected] >

EXTERNAL EMAIL
Fire Hazard Severity Zone Comment Form
Questions or comments? Why does the city allow tall, untrimmed, volatile palm trees to exist? There should be a law to control these as they can quickly spread fire when ignited! Property owners should have to be more accountable. Also, my neighbors have a property that abuts 5-6 properties. They get several notices from Poway to clear the weeds. By the time they clear it, it is the end of summer! How can this be allowed?
Would you like to be Yes!
contacted by the Poway Fire
Department?
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May 6, 2025, Item #11
• Outlook
Online Form Submittal: Fire Hazard Severity Zone Comment Form From [email protected] <[email protected]>
Date Mon 3/31/2025 6:24 AM
To Jenna Stein <[email protected]>; Andy Loperena <[email protected]>; Kristin Holden <[email protected]>
Some people who received this message don't often get email from [email protected]. Learn why this is imr2ortant

EXTERNAL EMAIL
Fire Hazard Severity Zone Comment Form
Do you have questions or
comments about the Fire
Hazard Severity Zone
maps? Use the space below
to submit them to the Fire
Department.

Would you like to be
contacted by the Poway Fire
Department? Please provide
your contact information
below.

My home is now in the high fire risk zone. It seems to be due to proximity to the lemon Grove owned and managed by the city of Poway. Home owners backed up directly to the lemon Grove are very high risk. What is the city's plan to deal with the impact of the lemon Grove on risk to citizens property?
Email not displaying correctly? View it in your browser. 20 of23
May 6, 2025, Item #11
• Outlook
Online Form Submittal: Fire Hazard Severity Zone Comment Form From [email protected] < [email protected]>
Date Mon 3/31/2025 2:18 PM
To Jenna Stein <[email protected]>; Andy Loperena <[email protected]>; Kristin Holden < [email protected] >
Some people who received this message don't often get email from [email protected]. Learn why this is imr2ortant

EXTERNAL EMAIL
Fire Hazard Severity Zone Comment Form
Do you have questions or
comments about the Fire
Hazard Severity Zone
maps? Use the space below
to submit them to the Fire
Department.

Would you like to be
contacted by the Poway Fire
Department? Please provide
your contact information
below.

If you move the map to adjust to your address it changes the fire zone, otherwise my address I put in isn't on the map.

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May 6, 2025, Item #11
• Outlook
Online Form Submittal: Fire Hazard Severity Zone Comment Form From [email protected] < [email protected] >
Date Mon 3/31/2025 4:39 PM
To Jenna Stein <[email protected]>; Andy Loperena <[email protected]>; Kristin Holden < [email protected] >
Some people who received this message don't often get email from [email protected]. Learn why this is imr-ortant

EXTERNAL EMAIL
Fire Hazard Severity Zone Comment Form
Do you have questions or the property at does not manage comments about the Fire their vegetation -creating and extraordinarily hogh wild fire Hazard Severity Zone risk!!
maps? Use the space below
to submit them to the Fire
Department.

Would you like to be Field not completed.
contacted by the Poway Fire
Department? Please provide
your contact information
below.

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May 6, 2025, Item #11
• Outlook
Online Form Submittal: Fire Hazard Severity Zone Comment Form From [email protected] < [email protected]>
Date Sun 4/20/2025 4:16 PM
To Jenna Stein <[email protected]>; Andy Loperena <[email protected]>; Kristin Holden < [email protected] >
Some people who received this message don't often get email from [email protected]. Learn why this is im12ortant

EXTERNAL EMAIL
Fire Hazard Severity Zone Comment Form
Do you have questions or
comments about the Fire
Hazard Severity Zone
maps? Use the space below
to submit them to the Fire
Department.

Would you like to be
contacted by the Poway Fire
Department? Please provide
your contact information
below.

Logically, areas that are not in the high zone may move to yellow at the max. Moving them to red from low is excessive and will affect our insurance rates. Has the insurance industry been involved in any way with this effort? Our neighborhood has always been in a fire shadow due to the park and fire resistant trees. I want to know why we are now in high. This is highly suspicious.

Field not completed.

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May 6, 2025, Item #12
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
May 6, 2025
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Serviceq
Kevin Parker, AICP, Senior Planner
(858) 668-4656 or [email protected]

CITY COUNCIL
Pre-Development Conference 25-0002, a Proposal for 16 Multi-Family Units, Phase 2 of the Fairfield Project at 12947 Poway Road, APN 317-490-68 Fairfield Residential (Applicant) is requesting a Pre-Development Conference (PDC) for a proposed redevelopment of the 0.69-acre parcel formerly occupied by Big O Tires, adjacent to the newly constructed West Village Poway Apartment complex (Fairfield project). The proposed project site is within the Town Center (TC) land use district of the Poway Road Corridor Specific Plan (PRSP). The proposal requires the demolition of the existing tire shop (the business has closed), with the construction of a new market-rate residential multi-family building, containing 16 multi-family units and 13 individual one-car garages. The proposed building is 31 feet in height with two stories along Poway Road and a basement level exposed along the south elevation containing the one-car garages.

This request requires a Development Review application, which the Applicant has submitted under a separate application (DR 25-0001 & TTM 25-0001) and is currently being processed.

The proposed multi-family building is an extension of the existing West Village Poway Apartment complex, increasing the overall number of units from 212 to 228, and increasing the number of apartment buildings from five to six. Site improvements include a cohesive, architecturally compatible design with the adjacent Fairfield development, a 1,820 square foot private dog park, 47 onsite parking spaces and four motorcycle parking spaces. The review of PDC 25-0002 is advisory only and therefore not noticed. The City Council will not render any decision. Future consideration by the City Council of the project will require a noticed public hearing.

Recommended Action:

It is recommended the City Council provide input and direction regarding the Applicant's proposal.

Discussion:

Background
The City Council approved the Fairfield Project (DR 20-002 & TTM 20-003) on the parcel directly west of the proposed project site on December 1, 2020, including lot consolidation and redevelopment of two large commercial parcels containing the former Poway Fun Bowl and Carriage Center buildings 1 of 26
May 6, 2025, Item #12
for the creation of a 6.6-acre lot. The project required the demolition of all existing structures, grading and the construction of five multi-story apartment buildings for a combined total of 212 market-rate apartment units. The project qualified for a 38-foot height maximum allowing three stories along Poway Road with 35 dwelling units per net acre utilizing PRSP Table 3.4 (Town Center and Mixed-Use Incentives and Bonuses). The project qualified for these incentives by providing lot consolidation and multiple community benefits. The Tract Map (TTM 20-003) included a condo map for future individual unit ownership. The Fairfield project provides 359 onsite parking spaces, along with 17 additional parking spaces through a reciprocal parking agreement with the adjacent Big O Tires parcel (proposed project site) resulting in an overall surplus of three parking spaces for the Fairfield project.

The project includes 11,364 square feet of commercial space designated for two future restaurants, as well as 9,955 square feet of public park space along the Poway Road frontage. The amenities in the public park space contain outdoor seating areas, flag poles, public art, oak trees, a children's play area and a dog park. The Fairfield project operates as the West Village Poway Apartment complex. The apartment complex received its final building inspection and Certificate of Occupancy on November 13, 2024. The Applicant is currently marketing the commercial spaces to prospective tenants.

Proposal
In June of 2024, Big O Tires closed permanently, creating an opportunity to redevelop the site. The Applicant is requesting a PDC to present a proposal to redevelop the 0.69-acre Big O Tires parcel located at 12947 Poway Road. The project site is located along the south side of Poway Road between Carriage Road and Civic Center Drive. The project site abuts the newly constructed West Village Poway Apartment complex to the west and south as shown below in Figure 1:

Figure 1-Aerial of Existing Project Site
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A zoning/location map is included with the attachments (Attachment A). Table 1 below generally describes the land uses surrounding of the project site:

Table 1 -Surrounding Land Uses
Direction Land Use Designation Current Land Uses
North Residential Condo (RC) Condos
East Town Center-PRSP Car rental facility
South Town Center-PRSP Apartments
West Town Center-PRSP Apartments
2 of 26
May 6, 2025, Item #12
The Applicant's proposal requires the demolition of the existing Big O Tires building. The proposal consists of a new multi-family apartment building that will contain 10 one-bedroom units, six two­ bedroom units, and 13 individual one-car garages. The Applicant is also requesting a condo map for future individual unit ownership.

The proposed multi-family building is an extension of the existing West Village Poway Apartment complex, increasing the overall number of units from 212 to 228, and increasing the number of apartment buildings from five to six. Site improvements include a cohesive, architecturally compatible design with the adjacent Fairfield development, a 1,820 square foot private dog park, 47 onsite parking spaces, and four motorcycle parking spaces. The proposed project requires 43 parking spaces as indicated below in Table 2:

Table 2 -TC-PRSP Parking Requirements
Category # Units Parking Ratio Required Spaces
1-bedroom units 10 1~pa~e per unit 10 -----
2-bedroom units 6 2 space~ per unit 12 ---------
Guest parking per unit 16 0.25 space per unit 4
Parking Allocation Req. Fairfield Reciprocal Agr:_eeme~t 17 --
Total 43
When considering the parking requirements of the completed Fairfield project, along with the proposed project, the combined sites will result in an overall surplus of four parking spaces.

The proposed multi-family building is under 35 feet in height with two stories along Poway Road and a basement level exposed along the south elevation containing 13 one-car garages. The proposal is not requesting density or height incentives allowed by the PRSP Table 3.4 "Town Center and Mixed­ Use Incentives and Bonuses" as the overall height and density are less than the completed Fairfield project.

The proposed building has a setback of 10 feet from the north property line along Poway Road, which will provide a consistent street frontage with the adjacent Fairfield project. The proposed multi-family building provides three different floor plans as shown in the attached plan set (Attachment B).

Compliance with the TC development standards of the PRSP are outlined in Table 3 below:

Table 3 -Town Center Development Standards
Development Standard Required Proposed Conforms
Density 24 dwelling 24 dwelling units/acre Yes
units/acre 16 units/0.69 net acres -
Minimum Setbacks:

Front (Ground floor residential) 1 O feet 1 O feet Yes
Rear (Adjacent residential) 15 feet 75 feet Yes
Interior Side (Ground floor residential) 1 O feet 15 feet Yes Maximum Height 2-stories/ 35 feet Basement+ 2-stories/ 31' Yes Maximum Lot Area Coverage 65% Complies Yes -
Minimum Landscaped Area (Required 10% of net 6,551 SF Yes setbacks excluded) developable site 22%
3 of 26
May 6, 2025, Item #12
To meet the goal of activating the street frontage, the TC land use district requires a minimum of 75 percent of ground floor space along any block face of Poway Road shall be occupied by active retail storefronts and walk-in commercial uses. Table 4 below provides analysis of the proposed project and the existing Fairfield development which, when combined, meet the intent of the PRSP with a mixture of commercial and public spaces:

Table 4 -Commercial Ground Floor Block Face Percentages Location Commercial? Block Face Linear Footage Percentage Buildings 1 & 2
_ Fairfield D~velopf!:!._ent
Public Tot-Park/ Outdoor Seating
_ _Fairfield Development
3-Story Multi-family Proposal Big
0 Tires Parcel ---
Big O Tires & Fairfield
Development P~rcels Combined
Yes
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No
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140
150
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100
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The application states the proposed multi-family apartment building will have access to all existing amenities within the West Village Poway Apartment complex. Although on two separate parcels, the proposal and the Fairfield project will be under the same ownership and operate as one larger, cohesive apartment complex. All residents of the apartment complex will have access to the proposed private dog park. Residents of the new proposed multi-family building will utilize the mail room on the adjacent Fairfield project. A reciprocal parking agreement between the parcels will remain in perpetuity. Staff and the Applicant are coordinating on additional legal requirements and conditions of approval to link the projects which could include merging the lots.

Based on Staffs analysis, the proposed project meets the development and objective standards established within the PRSP, including meeting density, setbacks and open space area requirements.

The City Council's input is requested on the proposal.

Next Steps:

The Applicant has agreed the City Council has made no representation upon which the Applicant may rely regarding the future consideration of this project. The Agreement of Understanding is included as Attachment C.

Environmental Review:

Based on the California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(5), the government activities associated with this PDC will not result in direct or indirect physical changes in the environment and therefore is not considered a project under CEQA.

Public Notification:

The review of PDC 25-0002 is advisory only and intended for the Applicant to receive feedback directly from the City Council regarding their proposal. The City Council will not render any decision. A 4 of 26
May 6, 2025, Item #12
neighborhood meeting is scheduled for May 12, 2025, at 5:30 p.m. in the Council Chambers to invite additional feedback from the public on the proposal. Notices will be sent to occupants and property owners within 500 feet of the project site and the meeting details will be posted on the City's website.

In addition, when the City Council considers the project application for approval at a future City Council meeting, the meeting will be a noticed public hearing.

Attachments:

A. Zoning/Location Map
B. Proposed Plan Set
C. Agreement of Understanding
Reviewed/Approved By:
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Assistant City Manager
5 of 26
Reviewed By:

Alan Fenstermacher
City Attorney
Ap~roved:

ChrisHazel'
City Manager
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APPLICANT/ OWNER

FAIRFIELD POWAY LLC
5355 Mira Sorrento Place, Suite 100
San Diego, CA 92121
(858) 626-8334
Contact: TREVOR BOUCHER

MARK STEWART

RESIDENTIAL ARCHITECT
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144 N. Orange Street
Orange, CA 92866
(714) 639-9860
Contact: SERAFIN MARANAN
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MJS LANDSCAPE ARCHITECTURE
507 30th Street
Newport Beach, CA 92663
(949) 675-9964
Contact: MARK SCHATTINGER

CIVIL ENGINEER
C&V CONSUL TING, INC.
6 Orchard, Suite 200
Lake Forest, CA 92630
(949) 916-3800
Contact: RYAN BITTNER

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A3.0 POWAY,LLC
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DATE 01•15-2025
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LIVABLE AREA: 814 SQ. FT.

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5.JSS'11R,.1,SOJlll[HTOPV,C(.SUIT[IOO
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LIVABLE AREA: 996 SQ. FT.

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BUILDING E - UNIT PLANS
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SHADE SAIL - COLOR TO BE DOVE BLUE
BENCH at DOG PARK

PAVING MATERIALS
COIKREIE PAVERS to MATCH EXISTING BUS STOP
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PLA/11 MATERIAL
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Al ORIVE EIITRY
VERllCAL ACCEIIT PLAIIT MATERIAL at

GARAGE EIITRIES
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APR IMENT SllE

FIIIAL LAIIOSCAPE PLAII WILL BE APPROVED UIIOER A
SEPARATE PERMll. PLANS ARE CO IICEPTUAL OIILY.
lREE PLAIHIIIG al PARKING 11 lREE per
3 PARKING STALLS!
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EXISllllG PROPERlY LIIIE COMBO \VALL -----
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~ FAIRFIELD POWAY MIXED USE - PHASE II POWAY. CA CONCEPTUAL LANDSCAPE PLAN - L.1 ~,'i't,?-1~fu~1f FAIRFIELD POWAY LLC
5355 MIRA SORRENTO PLACE, SUITE 100
San Diego, CA 92121
(B5B) 626-8341 DATE 01-29-2025
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San Diego. CA 92121
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EXISTING PEOESTRIAII RIGHT OF WAY IMPROVEI-IEIITS
• streettrees-min2t.' box size
• treegrates
• ,/-9'sidewalk
• streetlights
• busshelter
• pcdestirancrosswalk -stained&scoredconcrete
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PATIO , r WALK
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WALK / BIKE
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5355 M IRA SORRENTO PLACE, SUITE 100
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(858) 626-83 41 DATE 01-29-2025
ISOT.1,,',,'!C>J.. ~ CQl.!\I0,11 flA.\!E SIZE - \".\ICO.S : PLANT SCHEDULE SHRUBS • HYDRO-ZONE 1 NORTH/EAST EXPOSURE
' L!EOMJ ~S 1 ·SYMSOl BOTAN1CAL/ COH MONNAME SJZE WUCOLS CANOPY QTY •---~~~~-~lf.'.l,£fll'J .Y._~Slr ________ _ ·······- !.l'f'ffi>SPARAGUS :-: ·~ ----~E~------j . TR.EES I :.=_:DR~~- ::,~::'!..,.,w ' i~ ... ~ -""" .. I ~:. _,:::.._'""_¥~~ ! r _\ . l!AUHINIA XeLAKW: -- ~ __________ jsfRti__..~EY ~EDGE_ . ~ - :J.tftl~'\! j ! :(0 :~ ONCKONGO ~CHIDTREE u~ ~mCAAJ_ ---· -~:~~OTURf I 5~ ~~IEC~U\.I i i ,1.·.) OAACAENAORACO J6·aox MODERATE l ◄ '
[ .. L~ -~DRA '.O!~!,CuA'SAHZt" I Lv.t RUSH ; ~~:.!"::o,~, 1 j '-.. • ) lo iv.GoN TREE 1 Pti;t_OOEMlRCtlXA.'000 I PHl.OOEllo,<IC!/ I 5GAI.- 1,1.£0:U\I \- \ ..... __ . - --· i LOW
I SHRUBS. HYDRO-ZONE 2 SOUTHJ\VEST EXPOSURE ,,: Q.i. LAURUS NOIIIU.S . H '60X. , S'tVEETIIAY•COLUNN
r-~~j~i~}~£Li'-l 0£S(RTSPOON ' 5fJ,l. : LC."; 1--.- •,~ -•-- --- ----~ - j LOW l.S'
r i<AWICHOE-EEHAAo.SlS- ---· HLTP'.A'H --;1 ~&.i.~O'h' _ ___, ; (:. • ....,"'J. NflALfUCAQU INQUENERVIA t PhO!t'.QJ!dHYM(IS - N!:WZEAU.:/Ofl.AA , . i \. _.;, CAjEPUTTREEMULTI-TRUNK : ~~ _ COR.ll- >.i.QE .-~~:- LOW __ ; !(~
0 MEWE~QU -,N-OU- e-Ne_1MA ___ _
H"BOX LOW
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• LIRICPt:UU~-- _ : o'CBtUELJl.1.!URF ~c.:J.. !l'tO~ __ j \ .' COA.STLNEOAK-MULTITRUN!<. I 1 PITT~ C.W.!i'ACTU'A PITTOSPORUIJ $GAl. ' t.lE.0.UU I I ' i -~(P~ _UV.8Ell.ATA Rk/J'ti:ot..Ef'!S SGA,L !.~_O:trA., i n TPJSTANIA CONFERTA. s~;~1.;~~ RH,\Pl1l(WIS • $C,l,l_ , 1.1Eow I \j_J
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snm1rnc t u?.f.1.t l'AA'AT£CWRlYAAOS&OOCPAA.o: ! sYNBOL l sorAN 1CAL 1COMMONNAME SlZf 1wucoLS QTY WUCOLS NOTE:
1',1JCQLS \".ATERU$ECIAS!JFlCATIOr/OFL,\J-.0$CAPESPEOES.IS AV:1!'.'ffiSITYOi'CAl.ltOR."i1,1.

COGl'EP..\ti\~ 000. SIONPUELIC,l,t()~ A.'.'J IS AGlJ:CC tQ THE WAT(R Nf[DS Of ~ :05CA?E PlA'll S LANDSCAPE AREA TAKEOFFS:

TOTAL LANDSCAPE A.REA: 6,551 S.F.
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IRRIGATION CONCEPT STATEMENT:--
'"tRR1GA.r 10N zmms: "iRRIGA.TION ,won.o,zom:s SIW.l HAVE Pl.ANTS GROUPED .... ~JI-· ! SIMILAR WATERING REOUIREMEtlTS
OEPTll OF !RRIGAl lml LINES. ALL ON•GRAOE LAlERAL LINES SHALL OE BURIED TO A DEPTti of 18·-,.,1N ALL mi.GRADE MMILltlES SHALL BE 6URIEO TO A DEPTli OF 2c· ' MIN
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; WATER SURVEYOR arid SCAEENEQ..,.,\I\ LANDSCAPING 11orn PUOLIC VIEW 1::::~ ~;gij"s;~i;;~~;;_L~~EE~
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1::::~:i:g~ :;;,1:,~: · ALL GR01.JNDCOVER A.REAS SIIALL OE IRRIGATED USING DRIP I
- tRRIGATICN CONTROLLER· CONTROLLER S ► iAl.L OE AUTOMATIC ..,.,:i, MULTIPLE PROGRA.l,IMING CAPAOllln' . cmHROLLER TO BE REP/tOGIUMMED SE,1,SONAI.LY TO MINIMIZE RUNOFF 11M OVER WATERING. "SMARl " CONT/tOLLER WEATHER TRACKJNG DEVICES SttAil OE UTILIZED TO CONTROL IRRIGATION CYCLES ACCORDING TO SPECIFIC IRRIG,\TION REOUIREMEHTS.

CIASS OF IRRIGA.TION PIP!; "-LL tAAINl lll F. SHAii. nF ClASS :ns P'JC Al.I. LATER.AL llNEs-sHAlLB E CLASS 200 PVC.

THE IRRIGATION DESIGN SttAt.L COMPLY ..,.,in THE CRITERIA Of Ctn' OF POWAY WATER . CONSERVATION POLICIES Mel REOUtREMENTS
REFEI: TO ClTY OF POWAY SPECIFIC l'tAN .

REFER TO POWAY w-105CAPE r, IRRIGATION OE51GN MANUAL
-----
·Nore:

Aii'"STREETUEESSHAL L Sf2 ~·ooKSlZE
l'PARKi'N'G .i:OT'T.REE 'iEou1m~ENT ,
10NfiifE SHAll BE PROVIDED f OR EVERY Tii RfE PARKIN G SPACES. TREE WHlS MAY ;SE USfO TO SAllSfY THE PAR.KING LOT TREE PLANTING REQUlll.EMENT. TREE WELLS SHAll BE SIX FEE T SOUME MINV.IUM, FACE-OF-CURS TO FACE-OF-CURS. PLEASE 1REH R TO FIGURE 6 ,2 OF Tt1E WIOSCA.PE ANO IRRIGATION DESIGN MANUAL jN!.OVIDED PARKING: J,1
REQUIRED TREE COUNT : 12
PROVIDED lRfE COUNT : 13
'-"':'!.NESr-PAATHENOC1ssusou 1NQUEFOUA 6•roT ' MODERATE •f VlllGINA CREEPER(STAl([OJ '
TOTAL I LOW: 16 31.2"•
TOTAL I MEDIUM: 27 62.&3/,
rOTALi rREes: .t3

CPTED DESIGN GUIDELINES
• LA'IOSU.PJIG C,l..<I A00 A:1 J.DOEO lf"Jfi OF SECURITY BY CREAll.'-1".i A rm\J!V.l eAAAitR ; QA NIRUOERS S!"CURHY PlA'llS (l'V,.'ITS \\'(TH f>RICi,J,. Y LEAV[S CR Jt;Ci\.'.SI C,\!j 6E FV,.-.tro e~lOh' \\WOO'.'IS ,l;; ('I ~lCtlG HJICE LINES TO DISCOUAAG.E MROOERS HOWW.i FENCES l,UJ LC()kl.'iQ i tti!QI..Qi 11'\,">!X)\\'S • !,A!;:isc,..p,NG rtt!SOUGliOUI TME PROPERT1=s SHOU.0 rou.0:1 TttE CPJ[O il!CO'A'W0£0 7.l'OOT. ~toot R!.M'8USIIESJJ.J SHRU8SSttOU\.Otf0 TE~ IAU.ERTH.l.'I 2 ~EETti:Gli, ',l'HU TR££ CIM)ll ;ESSHC.\11.0NOT U:

LOWER Tl-\,1,/16 !'EEi OH lt!E GRO!J!-.0. TH:S Will PROVIDE !.'AXJ1.R~~ V'.Sl8'1.!TY l~.ROU"...11 ~ ,\,,'10 1'(,1,00½'5, AMl l'ROV!Di: EETT£R SECUR!TY. A'l □: o SHR\I&S A.'JD B!JSMES Trl"-f AAE THICK TO 01SCOU~ PEOPtE FROM i H!ChNG 0EH1tm l tiUI OTtiER CONSIOERAT'\O,';S INCtUOE TRl!.l'.',r!G TtiE BOTTO/,! 6•,a· OF SHRll9SAHO BUSHES TO A.!.lO','f FOIi. v,,'/ Et/FORCEME/11 A/JO P~E.RSIIY TO SEE It >:NON£ IS ttOiliO • TH€ eEST W~Y TO UTII.IZE CPTtO STRAm;•~s IN RfSJOWilAi. IIE!GHSO;.HOOOS LS TO LOQ,( ,l,f Tt;E l'.IP1.EIJE11l,t..1'0N or IV.T\1;1.1,.!, SURVEll.1./,,NCE J,NQ ~•J,!,'li£NAJICE A 1(£Y CPltO STRATEGY fO,, w,ruRAl.

SVF-.VoLW;Cf IS n,r 'TWO-FOOT. sruoor ~E. 1,'_£,1,J-;~--G EL.'Sl1ES >.>;O SHP:1.19S s»OUUl 6E 110 tilGHEA f l-!J,,'I r.'<0 FU T OH OF THE c.ROU,•;o, .l,J;ti TRE.E CA.'lOP!ES SiiOUI.O IIOT SE LD',\'ffi Tl-wl G FEH OFF~ THE GROUtlD Gl','INC SOIJEOOE "-Ct.EAR~ FEET Of l'IS!Bl!TYDUT OF DOORSC>I W.NOO.','S LA-.OSCAPJ,G Sf: NSTJ.!LEO L'HO UiE t-1:W PROPERTIES SHO'Jl.0 UTLlZE THESE STAAIEC!ES f-1 AOOlTIOi'I TO AOOJ;C SH:i.r,:iity W.OSCJ.J>'~:G {THORNY WSr.ES ANO SHR'J&lERYl AA.cxmo \'t,-.ocrm A..':0 FER:IJITER FENCING wn.t OISCOl.'RAGE A:.llOruJ.1!.it!NotSIAASLiU£ERSFROUUS!NGl tiEffi~TY
• 1tE H()t.JE0',~11E/I.S A.SSOCI.\TIO:l ~}l).llO CONSIO!:R l!.!Pt.E.\'EllTl!iC PROCE!l'JRES 10 COl,.!e.,1,1 Oll[RGR0'.\11 TREES A':!) SIRJ8S AS THEY OFTE.R COti<:EAUJENI Fir.I. PQSS;6LE CR!lt:.W..!>AA.'«W,1. U5(?.S ti.OM USISG ltiEFRa'E..~iY
FIIIAL LAIIOSCAPE PLAII Will BE APPROVED UIIOER A
SEPARAIE PERMII. PLAIIS ARE CO!ICEPTUAL OIILY.

POWAY_CA SECTION A AT POWAY ROAD & PLANTING LEGEND - L.3 ~~1111 I ~ ~~ :· ' ,: r: ~t,'!.f:~2,t~f
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LEGEND
SYMBOL
■ ■ ■ ■ PEDESTRL'<N/ADAACCESS
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A OOGPARXGATE
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■ PROPOSED TAANSFORMER
■ I EXISTING TRANSFORMER
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m FAIRFIELD POWAY MIXED USE - PHASE II POWAY.CA WALL and FENCE EXHIBIT with PEDESTRIAN CIRCULATION - L.4 ~~t.:i.?l~~t./~f FAIRFIELD POWAY LLC
5355 MIRA SORRENTO PLACE , SUITE 100
San Diego , CA 92121
(858) 626-834 1 DATE 01-29-2025
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EXTERIOR LIGHTING LEGEND
,:;;,l@[§/
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1TYPE/fECHNIOOE
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:>~,::· 10'HlPOI.ELIGHT
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J1ma• ! 42'KTBOI.LARD
~ i W>,tt,.IOUNT
LCY'.ATIO!l
DnlVE AISLES I PARKING LOTS
, COORTYARDS/PASE0
PEOESTRt.\~WALKWAYS
' BYAA~ITECT
: ATTF-CHE0 T0 SHAOESAA.
, OVERH~ FESTWN. LIGHTING, !DiiMUM 12' ABOVE Flt.lSH SURtACE TfGHT ING CONCEPT:

T>iE OUTDOOR LIGHTING CONCEPT IS TO PROVIOf 1.EVELS OF UGH TING SUFFICIENT TO MEET SAfETYA.'mORIENTATION t;EEOS
1 \',1THIII PUBLK: AREAS UGt-mNG l',1LL se WAA'.l COLORED ANO UNO!lTRUSr-ti:. LIGHT SOURCES \','iU BE LED U1 !.\ETAL Hit.l.lDE
All EXTERIOR SURFACE A."<D AEOVE-GROu::o MOI.JNTEO FIXTURCS \'ln.L BE SYA'.f'ATHETIC AJID COM?Lil,l::J.TAAY TO THEARCHIIECTUiW. TH:1.!E
---------- ·-·--- ----·- -----
POWAY ROAD SPECIFIC:-PLA~fNOTE:

EXTERK)ff BUILDING LIGHTING PROVIDES VISIBILITY. SAFETY. ANO AMBIANCE-LIGHn'-G ENHANCES AND COMPlEl,!ENTS ARCHITECTURAL OET>JLS ANO LAADSCAPE FEATURES, A:;O ILLUMINATES SIDEWALKS, PEDESTRIAN PATHS, AND PI.AZAS. LIGHTING P\.J.11 \'/\U FOLLOW THE SPECIFIC Pl.AN i'rlTH TME FOLLO'I\WG STA.'-OAADS AND GUIDELINES LIGtfT FlXTURES AND POLES A.qE AACHfTECTUAAI.L Y COM?ATlelE \'/lltl HlE 6Ull01NG"S ARCHITECTURAL STYLf_
llUIUi1NG nHRMiCES 1',1ll SE WHL UT '.',1fll APPROPRlATEl Y SC/..1.ED LIGHT FIXTURES FlXTURES \\1LL NOT LIGHT DiRECTL Y mo ADJACENT REStOENTW.. PRO?fRTIES, A TR/.JJSLUCWl OR QPTIO,.L LENS DIFFUSER GLOBE OR SH:ELO iY!LL BE USED ILLUMINATION NOTE:

LIGHTING SOURCES FOR THE LAADSCAFEJJ/0 PAVED AREAS \\lll BE CONCEAL.ED ANO TliE LIGHTIIIG INDIRECT t.'OT VlSISlE FROl,I A PUBLIC VIEWPOINT, LIQ1T SOURCES SHOULD BE ' DIRECTED SO THAT IT OOES NOT FALL OUTSIDE TliE AREA TO BE UGHTEO. LIGHTING 1 ADJACENT TO PROPERTY UNES SHAU BE SCREENED AS TO LIMIT LIGHT SPILL ONTO

ADJACENT PROPERTIES

FIIIAL LAIIDSCAPE PLAN WILL BE APPROVED UIIOER A
SEPARAfE PERI-Ill. PLAIIS ARE COIICEPTUAL ONLY.

CONCEPTUAL LIGHTING PLAN - L.5
~~!I I l 1~
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May 6, 2025, Item #12

AGREEMENT
OF

UNDERSTANDING
City
Council
for
the
City
of
Poway,
hereinafter
referred
to
as
"City"
and
Fe..,
r ~"'
IJ
Vo.,....,-.':f
I(
1 l-l-L
, hereinafter
referred
to
as
"Proponent"
enter
into
this
Agreement
of
Understanding
based
upon
the
following
facts:

Proponent
owns
or
has
an
equitable
interest
in
land
described
by
tax
Assessor's
Parcel
Number(s)
3 11--'-Jq
{)
-IPB,
00 .

Proponent
desires
to
develop
this
property
in
accordance
with
the
will
of
the
City
and
without
the
expense
of
a
protracted
development.

City
is
concerned
that
Proponent
will
create
development
plans
unsatisfactory
to
City
and
consume
time
and
effort
of
City
employees
needlessly
on
unsatisfactory
development
plans
unless
City
assists
in
directing
Proponent.

Based
upon
the
above­
mentioned
facts,
City
will
grant
Proponent
a
hearing
prior
to
filing
any
application
for
development
upon
the
following
understanding:
a.

City
will
render
no
decision
with
regards
to
any
development
proposal
or
part
thereof.
b.

City
will
receive
no
evidence,
specific
in
nature,
in
support
of
a
particular
development
plan.
c.

City
will
make
no
representations
that
will
obligate
the
City
to
render a
decision
in
favor
of
or
against
any
development
proposal
or
part
thereof
Proponent
may
subsequently
submit.
d.

If
any
development
proposal
is
subsequently
submitted,
Proponent
will
proceed
at
its
sole
and
exclusive
risk
with
the
understanding
that
City
has
made
no
representations
upon
which
Proponent
may
rely.

Dated
:

Proponent:
26 of
26 ATTACHMENT
C

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