Agenda packet — Poway City Council, February 17, 2026 (part 1 of 2)

AG EN DA Poway City Council
Council Chamb er I 13325 Civic Cent er Drive I Poway, CA I 92064 February 17, 2026 I 7 p.m.

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

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

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

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

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

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

PLEASE NOTE: Written comments received via email before 3:00 p.m. the day prior to the meeting will be distributed as formal additional material as well as be made available online prior to the City Council meeting. Written comments received after this deadline will be forwarded to the Council, but not available online until after the City Council meeting.

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

Steve Vaus
Mayor
Jenny Maeda
Deput y Mayor
Peter De Hoff
Councilmember
Christopher J. Pikus Vacant
Councilmember Councilmember
Reminder I As a courtesy to all attendees, please silence all electronic devices and engage in conversations outside the Council Chambers.

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

ROLL CALL:

PLEDGE OF ALLEGIANCE :

MOMENT OF SILENCE:

PRESENTATION : None
PUBLIC COMMENT: In accordance with State law, an item not scheduled on the agenda may be brought forward by the genera l 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 Mun icipal Code, the speaking time may be reduced. Speakers have one opportun ity to address the Council unde r 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 mem ber of the public, or City Manager requests that an item be removed fo r discussion.

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

2. Approval of the November 18, 2025 Regular City Council meeting minutes

3. Approval of Final Map for Tentative Parcel Map 24-0002; Todd Wiersum, Applicant (APN 321-110- 52-00)

4. Award of Contract to L. B. Civil Construction, Inc., for the Annual Channel Rehabilitation Project, Bid No. 26-007 and Determination the Project is Categorically Exempt from the California Environmental Quality Act
ORDINANCES FOR INTRODUCTION:

5. Ordinance to Repeal Poway Municipal Code Provisions Regarding Conduct During Physical Attendance at City Council Meetings
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 February 17, 2026 regular City Council meeting. 2 of 4 Regular City Council Meeting February 17, 2026
PUBLIC HEARINGS:

6. Tentative Parcel Map 24-0003, a Request to Subdivide One Commercial Parcel into Two Commercial Parcels (APN 317-101-40-00, 317-101-41-00, 317-101-42-00 and 317-101-43-00); and Determine the Project is Categorically Exempt from the California Environmental Quality Act (CEQA)
City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing, find and determine the project is categorically exempt from CEQA and adopt the Resolution (Attachment A) approving TPM 24-0003.

7. Conditional Use Permit 25-0001 and Development Review 25-0003, a Request to Construct a 950 Square-Foot Dutch Bros Coffee, with a Two-Lane Drive-Through, in the Automotive General Commercial Land Use District of the Poway Road Corridor Specific Plan, within the Existing Lowe's Home Improvement Parking Lot, Located at 13740 Poway Road, (APN 317-130-69-00); and Determine the Project is Categorically Exempt from the California Environmental Quality Act City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing, find and determine the project is categorically exempt from the California Environmental Quality Act (CEQA) and adopt the attached Resolution approving CUP 25-0001 and DR 25-0003.

8. Development Review 25-0002 and Tentative Tract Map 25-0002, a Request to Construct 47 Townhomes and Three Ground-Floor Commercial Spaces within the Town Center Land Use District of the Poway Road Corridor Specific Plan Located at 13044 and 13056 Poway Road (APNs 317-101-04 and 317-101-05); and Determine the Project is Categorically Exempt from the California Environmental Quality Act
City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing, find and determine the Project is categorically exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15332 (Class 32: In-Fill Development Projects) and adopt the attached Resolution approving DR 25-0002 and TTM 25-0002.

STAFF REPORTS: None
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
3 of 4 Regular City Council Meeting February 17, 2026
ADIOURNMENT:

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

AFFIDAVIT OF POSTING
I, Carrie Gallagher, CMC, City Clerk of the City of Poway, hereby declare under penalty of perjury that this notice of a Regular meeting as called by the City Council of the City of Poway was posted and provided on February 10, 2026.

Said meeting to be held at 7:00 p.m., February 17, 2026, in the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California. Said notice was posted on the Bulletin Board at the entrance to City Hall. 4 of 4 Regular City Council Meeting February 17, 2026
February 17, 2026 Item #2
AGENDA RE PO RT City of Poway
DATE:

TO:

FROM:

February 17, 2026
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk
(858) 668-4535 or [email protected]

CITY COUNCIL
SUBJECT: Approval of the November 18, 2025 Regular City Council Meeting Minutes Summary
The City Council Meeting Minutes submitted hereto for approval are:
• November 18, 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 November 18, 2025 Regular City Council Meeting Minutes.

Public Notification:

None.

Attachments:

A. November 18, 2025 Regular City Council Meeting Minutes Reviewed/Approved By:

Assistant City Manager
1 of 11
Reviewed By:

Alan Fenstermacher
City Attorney
Ap~
Ch~,_
City Manager
February 17, 2026 Item #2

ATTACHMENT A

CITY OF POWAY

CITY COUNCIL REGULAR MEETING

MINUTES
November 18, 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: Jenny Maeda, Christopher J. Pikus, Peter De Hoff, Steve Vaus STAFF MEMBERS PRESENT:

City Manager Chris Hazeltine; 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 Heidemann; Director of Community Services Audrey Denham; Fire Chief Brian Mitchell; Captain Claudia Delgado, San Diego County Sheriff's Office.
(Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, 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, 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:

Curtis Kitteringham, on behalf of Lake Poway Skimmers, spoke in support of the organizations' continued use of Lake Poway for recreational activities. 2 of 11
February 17, 2026 Item #2
City of Poway -Minutes -November 18, 2025
Tom Hartley, on behalf of Lake Poway Skimmers, spoke in support of the organizations' continued use of Lake Poway for recreational activities.

Robert Frazier, on behalf of Lake Poway Skimmers, spoke in support of the organizations' continued use of Lake Poway for recreational activities.

Steven Belknap, on behalf of Lake Poway Skimmers, spoke in support of the organizations' continued use of Lake Poway for recreational activities.

Chris Cruse called for the censure of Deputy Mayor De Hoff.

Alison Park provided a presentation and called for the censure of Deputy Mayor De Hoff.

Tony Rubino thanked the City and local community members for taking part in the 11th annual Poway Padres Heroes softball game.

CONSENT CALENDAR:

Motioned by Mayor Vaus, seconded by Councilmember Pikus to approve Consent Calendar Items 1 through 6. Motion carried 4/0 by the following roll-call vote:

Ayes:

Noes:

Abstained:

Absent:

Disqualified:

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 Knorr Systems International, LLC, for Pool Maintenance and Repair, Bid 26-006

3. Award of Agreement to Alpha Analytical Laboratories, Inc., for Potable Water Analytical Laboratory Services, RFP No. 26-006

4. Award of Contract to A.B. Hashmi, Inc., for the FY 2024-25 ADA Barrier Removal -Buckley Street Phase I Project, Bid No. 26-004, and Determination the Project is Categorically Exempt from the California Environmental Quality Act

5. Approval of Agreement with Corodata Records Management, Inc. for Professional Records Storage and Management Services

6. Approval of Parcel Map for Tentative Parcel Map 24-0001 (Martincoit Urban Lot Split); TSAC Engineering, Applicant (APN 275-271-29)
ORDINANCES FOR INTRODUCTION:

None.

PUBLIC HEARINGS:
3 of 11
February 17, 2026 Item #2
City
of
Poway
-
Minutes
-
November
18,
2025

7. Resolution
Declaring
the
Property
at
14025
Tierra
Bonita
Road
Constitutes
a
"Public
Nuisance"
and
Ordering
the
Property
Owner
to
Abate
the
Violations
Mayor
Vaus
opened
the
Public
Hearing
at
7:21
p.m.

Senior
Code
Compliance
Officer
Vianey
Rivera
presented
the
item
along
with
a
PowerPoint
presentation.

She
stated
the
hearing
was
being
held
pursuant
to
Chapter

8.72 of
the
Poway
Municipal
Code
for
the
purpose
of
determining
whether
the
property
located
at
14025
Tierra
Bonita
Road
constitutes
a
public
nuisance
and
whether
to
order
the
property
owner
to
abate
the
identified
violations.

She
summarized
the
conditions
identified
on
the
property
and
applicable
code
compliance
issues,
including
maintenance-related
concerns
and
California
Building
Code
matters.

She
noted
multiple
notices
and
documented
efforts
to
achieve
compliance
and
reviewed
photographs
depicting
the
current
conditions.

Following
staff's
presentation,
City
Attorney
Alan
Fenstermacher
provided
additional
information
regarding
the
nuisance
abatement
process,
including
notice
requirements,
the
thirty-day
period
for
voluntary
compliance,
the
City's
authority
to
seek
inspection
and
abatement
warrants
if
compliance
is
not
achieved,
and
the
potential
recovery
of
abatement
and
legal
costs
through
a
special
assessment
on
the
property's
tax
roll.

Public
Comment:

Dawn
Montfort,
property
owner
of
14025
Tierra
Bonita
Road,
acknowledged
the
condition
of
the
property
and
indicated
City
staff
guidance
or
support
would
be
beneficial
in
bringing
the
property
into
compliance.

City
Attorney
Fenstermacher
explained
that
if the
property
owner
were
to
voluntarily
comply
to
clear
the
violations
within
30 days
from
the
declaration
of
a
public
nuisance,
the
abatement
by
the
City
would
not
be
necessary.

End
of
Public
Comment
.

Mayor
Vaus
closed
the
Public
Hearing
at
7:30
p.m.

Council
discussion
ensued.

Staff
summarized
the
enforcement
timeline,
noting
multiple
notices
and
citations
issued
between
March
3,
2021,
and
October
22,
2025,
and
documented
efforts
to
work
with
the
property
owner
. Fire
safety
and
neighborhood
impacts
were
discussed,
and
the
property
owner
was
encouraged
to
use
the
thirty-day
period
for
voluntary
compliance
.

Council
expressed
empathy
for
the
property
owner
while
noting
the
need
to
balance
individual
circumstances
with
public
safety.

Motioned
by
Deputy
Mayor
De
Hoff,
seconded
by
Councilmember
Pikus
to
adopt
Resolution
No.
25-047
entitled
"A
Resolution
of
the
City
Council
of
the
City
of
Poway,
California
Finding
and
Declaring
Conditions
Present
at
14025
Tierra
Bonita
Road,
Poway,
California
to
be
a
Public
Nuisance
and
Ordering
the
Property
Owner
to
Abate
the
Violation".

Motion
carried
4/0
by
the
following
vote:

Ayes: Noes: Abstained: Absent:
4 of
11 Maeda,
Pikus,
De
Hoff,
Vaus
None None None
February 17, 2026 Item #2
City
of
Poway-
Minutes
-
November
18,
2025
Disqualified:

None

8. Resolution
Declaring
the
Property
at
16943
Valle
Verde
Road
Constitutes
a
"Public
Nuisance"
and
Ordering
the
Property
Owner
to
Abate
the
Violation
Mayor
Vaus
opened
the
Public
Hearing
at
7:35
p.m.

Senior
Code
Compliance
Officer
Vianey
Rivera
presented
the
item
along
with
a
PowerPoint
presentation.

She
stated
the
hearing
was
being
held
pursuant
to
Chapter

8. 72
of
the
Poway
Municipal
Code
for
the
purpose
of
determining
whether
the
property
located
at
16943
Valle
Verde
Road
constitutes
a
public
nuisance
and
whether
to
order
the
property
owner
to
abate
the
identified
violations.

She
summarized
the
conditions
identified
on
the
property
and
applicable
code
compliance
matters,
including
areas
needing
maintenance,
vegetation
management,
a
vehicle
visible
from
the
public
right-of-way,
and
unfinished
construction,
as
well
as
other
California
Building
Code
considerations.

She
noted
prior
abatement
by
City
Council,
multiple
notices
and
administrative
citations
issued
since
January
2025,
and
documented
efforts
to
support
compliance,
and
reviewed
photographs
illustrating
the
current
conditions
.

Following
staff's
presentation,
City
Attorney
Alan
Fenstermacher
provided
additional
information
regarding
the
nuisance
abatement
process,
including
notice
requirements,
the
thirty-day
period
for
voluntary
compliance,
the
City's authority
to
seek
inspection
and
abatement
warrants
if
compliance
is
not
achieved,
and
the
potential
recovery
of
abatement
and
legal
costs
through
a
special
assessment
on
the
property's
tax
roll.

Public
Comment:

None
.

End
of
Public
Comment
.

Mayor
Vaus
closed
the
Public Hearing
at
7:39
p.m.

Motioned
by
Mayor
Vaus,
seconded
by
Deputy
Mayor
De
Hoff
to
adopt
Resolution
No.
25-048
entitled
"A
Resolution
of
the
City
Council
of
the
City
of
Poway,
California
Finding
and
Declaring
Conditions
Present
at
16943
Valle
Verde
Road,
Poway,
California
to
be
a
Public
Nuisance
and
Ordering
the
Property
Owner
to
Abate
the
Violation".

Motion
carried
4/0
by
the
following
vote:

Ayes: Noes: Abstained: Absent: Disqualified:

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

9. Resolution
Declaring
the
Property
at
14033
Riverbend
Road
Constitutes
a
"Public
Nuisance"
and
Ordering
the
Property
Owner
to
Abate
the
Violations
Mayor
Vaus
opened
the
Public
Hearing
at
7:42
p.m.
5 of
11 February 17, 2026 Item #2
City
of
Poway
-
Minutes
-
November
18,
2025
Senior
Code
Compliance
Officer
Vianey
Rivera
presented
the
item
along
with
a
PowerPoint
presentation
. She
stated
the
hearing
was
being
held
pursuant
to
Chapter

8.72 of
the
Poway
Municipal
Code
for
the
purpose
of
determining
whether
the
property
located
at
14033
Riverbend
Road
constitutes
a
public
nuisance
and
whether
to
order
the
property
owner
to
abate
the
identified
violations.

She
summarized
the
conditions
observed
on
the
property
and
applicable
code
compliance
matters,
including
areas
needing
exterior
maintenance,
vegetation
management,
an
unpermitted
storage
container,
and
other
California
Building
Code
considerations
. She
noted
ongoing
communication
with
the
property
owner
via
phone,
email,
and
multiple
in-person
meetings,
as
well
as
recent
efforts
on
the
property,
including
partial
weed
abatement,
and
reviewed
photographs
illustrating
the
current
conditions.

She
also
noted
multiple
notices
had
been
issued
to
the
property
owner
in
advance
of
the
hearing
.

Following
staff's
presentation,
City
Attorney
Mr
.

Fenstermacher
provided
additional
information
regarding
the
nuisance
abatement
process,
including
notice
requirements,
the
thirty-day
period
for
voluntary
compliance,
the
City's authority
to
seek
inspection
and
abatement
warrants
if
compliance
is
not
achieved,
and
the
potential
recovery
of
abatement
and
legal
costs
through
a
special
assessment
on
the
property's
tax
roll.

Public
Comment:

Mr.

Bruno
, property owner
, acknowledged
the
condition
of
the
property
and
provided
efforts
of
ongoing
maintenance,
he
noted
prior
communication
with
City
staff
and
emphasized
his
intent
to
bring
the
property
into
compliance
.

End
of
Public
Comment
.

Mayor
Vaus
closed
the
Public
Hearing
at
7:53
p.m
.

Council
discussion
ensued
. Council
noted
the
property
owner's
efforts
and
highlighted
the
importance
of
addressing
remaining
issues
within
the
thirty-day
period
for
voluntary
compliance.

Council
emphasized
the
purpose
of
the
process
is
to
facilitate
progress
and
compliance
and
encouraged
the
property
owner
to
continue
working
with
City
staff
to
resolve
outstanding
matters.

Council
recognized
the
challenges
involved
while
noting
the
need
to
balance
individual
circumstances
with
community
standards
and
safety.

Motioned
by
Deputy
Mayor
De
Hoff,
seconded
by
Mayor
Vaus
to
adopt
Resolution
No.
25-049
entitled
"A
Resolution
of
the
City
Council
of
the
City
of
Poway,
California
Finding
and
Declaring
Conditions
Present
at
14033
Riverbend
Road,
Poway,
California
to
be
a
Public
Nuisance
and
Ordering
the
Property
Owner
to
Abate
the
Violation".

Motion
carried
4/0
by
the
following
vote:

Ayes: Noes: Abstained: Absent: Disqualified:
6 of
11 Maeda,
Pikus,
De
Hoff,
Vaus
None None None None
February 17, 2026 Item #2
City
of
Poway
-
Minutes
-
November
18,
2025
10 . Approval
of
an
Ordinance
of
the
City
of
Poway,
California,
Amending
Poway Municipal
Code
Title
15 to
Adopt
by
Reference
the
2025
California
Building
Standards
Codes
with
Local
Amendments Mayor
Vaus
opened
the
Public Hearing
at
7:56
p.m.

Senior
Planner
Kevin
Parker
and
Deputy
Fire
Marshal
Andy
Loperena
presented the
item.

Mr.

Parker
explained
the
proposed
ordinance
would
adopt
the
2025
California
Building
Standards
Code
(Title
24)
with
local
amendments,
as
required
by
state
law
on
a triennial
basis
. He
noted
the
2025
code
cycle
was
published
on
July
1,
2025,
with
an
effective
date
of
January
1,
2026,
and
would
update
Chapter
15 of
the
Poway Municipal
Code
.

Mr.

Parker
explained
the
ordinance
would
adopt
the
State's
building
standards,
including
administrative,
structural,
residential,
electrical,
plumbing,
mechanical,
energy,
fire,
green
building,
and
related
codes.

He
highlighted
the
addition
of
the
California
Wildland-Urban
Interface
(WUI)
Code
as
a
new
chapter
consolidating
fire
and
building
safety
provisions
applicable
to
new
construction
and
certain
building
modifications
within
High
and
Very
High
Fire
Hazard
Severity
Zones
and
locally
designated
WUI
areas
. He
added
the
WUI
Code
also
includes
defensible
space
requirements
applicable
to
certain
existing
structures.

Deputy
Fire
Marshal
Andy
Loperena
explained
the
ordinance
includes
local
amendments
applicable
to
new
construction,
intended
to
clarify
existing
City
standards,
improve
safety,
and
align
with
state
and
national
regulations.

He
summarized
amendments
addressing
fire
protection
systems
and
infrastructure,
site
access
and
fire
mitigation
features,
land
use
and
addressing
standards,
and
permitting
requirements
for
certain
temporary
activities
and
hazardous
materials
.

Mr
. Loperena
further
noted
the
local
amendments
include
updates
to
residential
fire
sprinkler
requirements,
auxiliary
power
requirements
for
water
tank
pumps
serving
fire
sprinkler
systems,
provisions
for
voluntary
fire
alarm
systems,
and
other
code
clarifications
consistent
with
California
Building
Standards
Code
and
National
Fire
Protection
Association
standards.

Mr.

Loperena
also
described
the
addition
of
a
new
exhibit
establishing
defensible
space
fuel
modification
zones,
including
restrictions
within
five
feet
of
structures,
landscaping
standards
within
thirty
feet,
and
vegetation
maintenance
requirements
up
to
one
hundred
feet.

He
noted
single-tree
specimens
would
be
permitted
within
certain
zones
subject
to
spacing
and
approved
species
requirements
.

Public
Comment:

None. End
of
Public
Comment.

Mayor
Vaus
closed
the
Public
Hearing
at
8:01
p.m.

Motioned
by
Mayor
Vaus,
seconded
by
Councilmember
Maeda
to
introduce
Ordinance
No.
878
entitled
"An
Ordinance
of
the
City
Council
of
the
City
of
Poway,
California
Amending
Poway
Municipal
Code
(PMC)
Title
15,
Adopting
by
Reference
the
2025
California
Building
Standards
Codes,
with
Local
Amendments",
for
first
reading
by
title
only,
waiving
further
reading
and
schedule
the
adoption
of
the
ordinance for
the
7 of
11 February 17, 2026 Item #2
City of Poway -Minutes -November 18, 2025
December 2, 2025 Regular City Council Meeting. Motion carried 4/0 by the following vote:

Ayes:

Noes:

Abstained:

Absent:

Disqualified:

STAFF REPORTS:

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

11. Resolution Approving All-Way Stop Control at the Intersection of Bowdoin Road and Los Olivos Avenue
City Engineer Tracy Beach presented the item regarding approval of all-way stop control at the intersection of Bowdoin Road and Los Olivos Avenue. She provided an overview of existing conditions at the intersection, including sight distance limitations and traffic operations.

She noted staff received a request from residents, accompanied by a petition signed by 15 property owners within 500 feet of the intersection, citing near-miss collisions and vehicles traveling at unsafe speeds as primary concerns.

Ms. Beach explained staff evaluated the intersection in accordance with the California Manual on Uniform Traffic Control Devices (MUTCD), Section 2B.07, which establishes criteria for installation of all-way stop control. She reviewed the applicable criteria, including crash history, traffic volumes, operating speeds, and visibility constraints, and noted the intersection meets the criteria supporting implementation of all-way stop control.

Ms. Beach stated the proposed all-way stop would improve safety and traffic operations at the intersection and could also serve as an interim measure should a future traffic signal be considered.

Public Comment:

Bernie Guzman, petition signer, spoke in support of Item #11.

End of Public Comment.

Council discussion ensued. Council noted the feedback from residents was overwhelmingly in support of installing stop signs to help slow traffic, with only one correspondence received in opposition. Council discussed traffic study data indicating vehicle speeds above the posted limit and expressed the stop signs were expected to improve safety. Council also acknowledged community engagement and the potential for increased traffic enforcement following installation.

Motioned by Councilmember Maeda, seconded by Councilmember Pikus to adopt Resolution No. 25-050 entitled "A Resolution of the City Council of the City of Poway, California, Establishing All-Way Stop Control at the Intersection of Bowdoin Road and Los Olivos Avenue". Motion carried 4/0 by the following vote:
8 of 11
February 17, 2026 Item #2
City of Poway -Minutes -November 18, 2025
Ayes:

Noes:

Abstained:

Absent:

Disqualified:

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

12. Set Public Hearing for Proposed Five-Year Water, Recycled Water, and Wastewater Rates Director of Finance Craig Schmollinger presented the item along with a PowerPoint presentation. Mr. Schmollinger provided an overview of the Water and Wastewater Rate Study, summarizing the financial plan, cost-of-service analysis, proposed rate structures, and required Proposition 218 process. He noted the study was supported by Raftelis Financial Consultants and emphasized compliance with Proposition 218, updated usage data, and the need for long-term financial sustainability.

He reviewed Poway's water system, noting the City imports nearly all its water from the San Diego County Water Authority (SDCWA) and operates an extensive infrastructure, including 319 miles of pipelines, 19 reservoirs, and a 24-million-gallon-per-day treatment plant. The rate-setting framework and statutory restrictions, including Propositions 218 and 26 and recent court rulings influencing tiered rate structures, were also summarized.

Water rate design options were discussed, with staff recommending a uniform volumetric structure due to legal challenges to tiered rates. He outlined major cost drivers, including wholesale water purchases, capital improvement needs, operations and maintenance, and existing debt obligations. Cost-containment efforts were noted, such as using connection fees for capital projects, pursuing grants, and utilizing pass-through mechanisms for uncontrollable wholesale costs. Proposed water revenue adjustments include a 9.9% combined increase in Calendar Year 2026, followed by 4.0% annual adjustments from 2027 through 2030.

Mr. Schmollinger outlined the proposed five-year wastewater rate cycle for calendar years 2026-2030, incorporating Metro JPA treatment costs, fixed-versus-commodity rate considerations, and required reserve levels. Proposed wastewater adjustments include 3.0% annual increases through 2028, then 1.0% in 2029 and 3.0% in 2030. A combined household impact analysis was provided for reference.

Proposition 218 schedule was discussed. The City Council is expected to review the financial plan and set the public hearing on November 18, 2025, with the official Proposition 218 hearing on January 20, 2026, including the protest count, responses to objections, and Council consideration of the proposed water and wastewater rates.

Public Comment:

Joe St. Lucas spoke neutrally on Item #12.

Chris Cruse submitted a written comment card in opposition to Item #12.

End of Public Comment.

Council discussion ensued. Responding to public comments, staff explained the 9.9% figure represents the overall revenue adjustment and the actual impacts vary by customer usage, with lower-and higher-volume users experiencing different percentage changes. Staff 9 of 11
February 17, 2026 Item #2
City of Poway -Minutes -November 18, 2025
confirmed the rate models are designed to accommodate adjustments without requiring additional studies for routine pass-through costs.

Council discussed factors driving the adjustments, including wholesale water costs, regional wastewater treatment, energy expenses, and the ongoing capital improvement program.

Council emphasized the importance of maintaining system reliability, funding infrastructure, and balancing affordability. Council expressed appreciation for staff's thorough analysis and for community members who helped educate residents about the City's water system. Council noted all rate revenue remains dedicated to the water and wastewater systems and that the adjustments are necessary to ensure safe, reliable service.

Motioned by Councilmember Maeda, seconded by Councilmember Pikus to direct staff to set the public hearing for January 20, 2026 and proceed with the Proposition 218 process which includes mailing the notice of public hearing to ratepayers pursuant to California law at least 45 days prior to the January 20, 2026 Public Hearing. Motion carried 4/0 by the following vote:

Ayes:

Noes:

Abstained:

Absent:

Disqualified:

WORKSHOPS:

None.

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))
A motion was made by Councilmember Maeda to initiate discussion to consider a formal censure of Deputy Mayor De Hoff at the December 2, 2026 Regular City Council meeting.

The motion failed for lack of a second.

Mayor Vaus commended the success of the 11th Annual Poway Padres Heroes Softball Game on November 7, 2025, and noted Veterans Day events were well attended and well done.

CITY MANAGER ITEMS:

Mr. Hazeltine noted Council having held its first meeting without former Assistant City Manager Wendy Kaserman and reported she is doing well in her new position in Santee.

CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) No reportable action.
10 of 11
February 17, 2026 Item #2
City of Poway-Minutes -November 18, 2025
CLOSED SESSION:

13. Conference with Legal Counsel -Existing Litigation
Pursuant to Government Code§ 54956.9(d)(1)
Name of Case: City of Poway v. Arthur (Tony) Blain, San Diego Superior Court Case No. 25CU0241 OSC
ADJOURNMENT:

The meeting was recessed into closed session at 9:03 p.m.

The meeting was adjourned at 9:36 p.m.
11 of 11
Carrie Gallagher, CMC
City Clerk
City of Poway, California
February 17, 2026, Item #3
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AG EN DA REPORT City of Poway
February 17, 2026
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Services~
Sara Trunzo, Senior Civil Engineer
(858) 668-4622 or [email protected]

CITY COUNCIL
Approval of Final Map for Tentative Parcel Map 24-0002; Todd Wiersum, Applicant (APN 321-110-52-00)
The final parcel map for Tentative Parcel Map (TPM) 24-0002, is ready for approval. This map subdivides 43.64 acres of land and creates two separate lots.

Recommended Action:

It is recommended the City Council approve the final Parcel Map for TPM 24-0002 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. 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 parcel map which is the technical document showing the distances and bearings for each property line of the parcels included in the tentative parcel map. This action is ministerial, meaning state law requires approval of any final parcel map that conforms with the already approved tentative parcel 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 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 . . . . 1 of 24
February 17, 2026, Item #3
approved. Recording the final parcel map is the last step in creation of a new parcel.

Project Details:

TPM 24-0002 is located south of Misty Meadows Road and northwest of Lucidi Farms Way. The project site is shown on the location map included as Attachment A. This final Parcel Map subdivides one existing parcel of land, totaling 43.64 acres of land, into two lots.

Both parcels are accessed via Mina de Oro Road and Misty Meadow Road. Access to the southern parcel (Parcel 2) will be provided through the existing private driveway on Parcel 1 located on Misty Meadow Road. In accordance with the conditions of approval for TPM 24-0002, the required improvements to provide access to Parcel 2 and to ensure compliance with stormwater treatment requirements must be completed prior to final Parcel Map approval, or alternatively, improvement securities shall be posted to guarantee the completion of said improvements.

TPM 24-0002 was approved by the City Council on May 20, 2025, pursuant to Resolution No. 25-010 (Attachment B). The final Parcel Map, as shown in Attachment C, is found to be in substantial conformance (per the SMA) with the approved TPM. All the conditions of approval required prior to recordation of the final Parcel Map have been addressed and complied with. The requested action does not impact the prior approval of the project.

Environmental Review:

Approval of final subdivision maps is considered a ministerial action, which is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to the CEQA State Guidelines Section 15268(b)(3).

Fiscal Impact:

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

Public Notification:

None.

Attachments:

A. Location Map
B. Resolution No. 25-010
C. Final Parcel Map
Reviewed/Approved By:

Assistant City Manager
2 of 24
Reviewed By:

Alan Fenstermacher
City Attorney
Chris Hazeltine
City Manager
February 17, 2026, Item #3
w
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VICINITY MAP
TPM24-0002
15095 Misty Meadow Rd
APN 321-110-52
Mina de Oro Rd
Misty Meadow Rd SR-67
February 17, 2026, Item #3
RESOLUTION NO. 25-010

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP
(TPM) 24-0002, A REQUEST TO SUBDIVIDE ONE VACANT

PARCEL INTO TWO SINGLE-FAMILY RESIDENTIAL LOTS,
ASSESSOR'S PARCEL NUMBER 321-110-52
WHEREAS, Tentative Parcel Map (TPM) 98-14, was approved by the City Council and recorded as Parcel Map (PM) 18327 (Document 1999-578660, 8/20/1999 O.R.), which subdivided the land west of Highway 67 and north of Poway Road, addressed as 15095 Misty Meadow Road, and included the subject property as a portion of Parcel 1; WHEREAS, Minor Development Review (MORA) 21-018 was approved by the Development Services Director on May 25, 2022;
WHEREAS, Grading Plan (G) 22-009 was approved by the City Engineer on July 18, 2023; WHEREAS, Landscape and Irrigation Plans (LP) 23-0013 were approved by the Development Services Director on December 5, 2024;
WHEREAS, Trail Easement (ESMT) 23-0008 was approved by the City Engineer and recorded as Document #2023-0229343 (08/23/2023);
WHEREAS, Biological Conservation Easement (ESMT) 23-0009, was approved by the Development Services Director and recorded as Document #2023-0229295 (08/23/2023); WHEREAS, a Covenant for Real Property was recorded for landscape and vegetation management as Document# 2024-0012261, 01/16/2024 for the subject property, which is within the Very High Fire Hazard Severity Zone (VHFHSZ);
WHEREAS, TPM 24-0002 was submitted by Todd Wiersum (property owner and applicant) on May 6, 2024, for a two-lot subdivision with the same development footprint as depicted in the approved MORA 21-018 and approved G 22-009; WHEREAS, on May 20, 2025, the City Council considered a request from Todd Wiersum for approval of TPM 24-0002, to allow the subdivision of one existing vacant parcel (43.14 acres) into two single-family residential lots, described as Parcel 1: 23.63 gross / 21.43 net acres and Parcel 2: 20.00 gross and net acres (the Project), zoned Rural Residential-A (RR-A), APN 321- 110-52;
WHEREAS, on May 20, 2025, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to the Project; WHEREAS, on May 20, 2025, the City Council reviewed and considered the agenda report for the proposed Project, including the attachments to the report, and has considered other evidence presented at the public hearing; and
WHEREAS, the plans and documents for the Project are available on file in the Development Services Department.
4 of 24 ATTACHMENT B
February 17, 2026, Item #3
Resolution No. 25-010
Page2
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: Environmental Finding: Pursuant to Section 15183 (a) of the California Environmental Quality Act Guidelines, the proposed project is consistent with the development density established by the existing zoning and General Plan policies for which an EIR was previously certified and does not require additional environmental review. Since there are not any identified project-specific significant effects peculiar to the project or its site, this determination streamlines the review of such projects and reduces the need to prepare repetitive environmental studies.

SECTION 3: The findings in accordance with Chapter 16.20 of the Poway Municipal Code (PMC) for TPM 24-0002 are as follows:

A. The design of the proposed subdivision is consistent with the General Plan in that the approved lot sizes and configurations adhere to the development standards of the General Plan and PMC.

B. 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.

C. The design of the TPM 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.

D. The design of the subdivision is not likely to cause serious public health problems in that City water services is available to the site.

E. The design of the lot division will not conflict with easements, acquired by the public at large, for access, or use of, property within the proposed subdivision. Existing or new easements will not have any obstructions or impacts from this subdivision.

F. The Project has been designed to minimize impacts on surrounding development in that the proposed design, size, and scale of the project is compatible with and will not adversely affect, or be materially detrimental to, adjacent land uses, residences, buildings, structures, or natural resources.

G. The granting of this TPM would not be materially detrimental to the public health, safety, or welfare since the project has been designed to minimize impacts both on the surrounding community and on the systems that serve that community.

H. Therefore, the proposed development respects the interdependence of land values and public concerns for the aesthetics, design, health, and safety of development, and will not have any unmitigated impacts.

SECTION 4: The findings in accordance with California Government Code (CGC) Title

7. Division 2. Chapter 2. Article 3. Parcel Maps (Section 66444-66450) for TPM 24-0002 are made 5 of 24
February 17, 2026, Item #3
as follows:

Resolution No. 25-010

Page 3 ends

A The proposed subdivision map is consistent with the objectives, policies, general land uses and programs of the Subdivision Map Act (SMA) in that it proposes to create two residential lots at a density that is consistent with the Poway General Plan designations and PMC standards.

B. The design of the proposed subdivision is consistent with the General Plan in that the approved lot sizes and configurations adhere to the development standards of the General Plan and PMC.

C. The site is physically suitable for the type of development in that the site is large enough to provide two lots meeting size standards.

SECTION 5: The findings in accordance with PMC Chapter 8 Health and Safety for TPM 24-0002 are 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 necessary facilities will be available to serve this project. The applicant provides services such as potable water wells, water tanks, and septic systems for facilities not currently available to this property.

B. The construction of improvements may be required as a result of the proposed development to protect public health, safety and welfare as identified below:

1. · Sewer line or septic availability

2. Street improvements, including private streets and driveways

3. Storm water drainage contained onsite

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

SECTION 6: Pursuant to Government Code Section 66020, the design and improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as City Ordinances, because all necessary services and facilities will be available to serve this project.

SECTION 7: The City Council hereby approves TPM 24-0002 as shown on the approved plans, on file with the Development Services Department 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, 6 of24
February 17, 2026, Item #3
Resolution
No
. 25-010 Page4
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
of
the
City's
approval
of
this
Project
including,
but
not
limited
to,
any
action
to
attack,
set
aside,
void,
challenge,
or
annul
the
TPM
approved
by
this
Resolution
(TPM
24-0002),
or
any
other
project
development
approval,
implementing
approvals
or
permits,
and
any
environmental
document
or
decision
made
pursuant
to
CEQA.

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

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

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

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

Notwithstanding
the
foregoing,
no
indemnity
shall
be
required
for
claims
resulting
from
the
exclusive
gross
negligence
or
willful
misconduct
of
the
City
.

Approval
of
this
TPM
request
shall
apply
only
to
the
subject
project
and
shall
not
waive
compliance
with
all
sections
of
the
General
Plan
and
PMC
in
effect
at
the
same
time
of
Building
Permit
Issuance
.

Within
30 days
of
the
date
of
this
approval,
and
before
the
issuance
of
any
permit:

1. The
Applicant
shall
submit
in
writing
that
all
conditions
of
approval
have
been
read
and
understood
(Statement
of
Understanding
[SOU]).

2. The
Property
Owner
shall
execute
a
Covenant
Regarding
Real
Property
regarding
Landscaping
and
its
required
maintenance,
including
the
required
Fire
Fuel
Management
Zones.

The
project
shall
comply
with
all
conditions
of
approval
and
mitigation
measures
established
under
previous
project
entitlements
unless
otherwise
modified
or
superseded
by
these
Conditions
of
Approval
contained
herein
as
determined
by
the
Director
of
Development
Services
.

The
conditions
for
the
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
who
is
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.

Securities
May
be
Required
to
Ensure
Performance.

In
order
to
ensure
the
performance
of
conditions
imposed
concurrent
with
the
granting
or
modification
of
a
development
plan,
the
Applicant
may
be
required
to
furnish
security
in
the
form
of
money
or
surety
bond
in
the
amount
fixed
by
the
authority
granting
or
modifying
the
development
plan.

Such
security
shall
be
furnished
as
required
by
local
ordinance.
7 of
24 February 17, 2026, Item #3
Resolution
No.
25-010 Page
5 G
.

Provision
of
Required
Improvements.

Whenever
a
TPM
approval
is
granted
or
modified
subject
to
the
condition
that
specified
improvements
be
provided
by
the
Applicant
, such
improvements
shall
be
installed
by
the
Applicant
and
approved
and
accepted
by
the
cognizant
City
authority,
the
Applicant
shall
execute
an
agreement
with
the
cognizant
City
authority
pursuant
to
local
ordinance
to
make
such
improvements
prior
to
the
time
or
events
specified
in
the
TPM
approval.

Condition
Declared
Void
. Whenever
there
becomes
final
any
judgement
of
a
court
of
competent
jurisdiction
declaring
one
or
more
of
the
conditions
of
a
TPM
approval
to
be
void
or
ineffective,
or
enjoining
or
otherwise
prohibiting
the
enforcement
or
operation
of
one
or
more
of
such
conditions,
said
TPM
approval
shall
cease
to
be
valid
and
all
rights
or
privileges
granted
thereby
shall
lapse,
as
provided
by
PMC
17 .52
.110
.

Violation
of
Condition
. Whenever
a
TPM
is
approved
or
modified
by
the
approving
authority
subject
to
a
condition
or conditions,
such
TPM
approval
in
violation
of
or
without
observance
of
any
such
conditions
shall
constitute
a violation
of
the
zoning
ordinance
and
said
TPM
approval
may
be
revoked
or
modified
as
provided
in
PMC
17 .52
.100
(Ord
. 113
§§
1 (Ex.

10.3.9),
2,
1983;
Ord
. 44
§ 3
(Ex.

A),
1981)
.

The developer
is
required
to
comply
with
the
Poway
Noise
Ordinance
(PMC
Chapter

8.08)
requirement
which
governs
construction
activity
and
noise
levels.

TPM
24-0002
may
be
subject
to
annual
review,
as
determined
by
the
Director
of
Development
Services,
for
compliance
with
the
conditions
of
approval
and
to
address
unresolved
concerns
that
may
have
been
raised
during
the
prior
year.

This
approval
is
based
on
the
existing
site
conditions
and
proposed
project
details
as
represented
on
the
approved
plans
on
file
in
the
Development
Services
Department.

M
.

The
applicant
shall
comply
with
the
PMC,
the
latest
adopted
construction
related
codes
and
all
other
applicable
codes
and
ordinances
at
the
time
of
Building
Permit
issuance.

Uses
at
the
site
shall
be
limited
to
those
identified
for
the
site
's
applicable
land
use
designation
as
identified
and
defined
in
the
City's
PMC.
0 .

Prior
to
approval
of
the
final
parcel
map
unless
timing
is
indicated
otherwise,
the
applicant
shall
comply
with
the
following
Conditions
of
Approval
:
(Engineering
Division)
8 of24

1. Within
thirty
(30)
days
after
tentative
parcel
map
approval,
the
applicant
shall
submit
in
writing
to
the
City's
Planning
Division
that
all
conditions
of
approval
have
been
read
and
understood
(Statement
of
Understanding).

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
February 17, 2026, Item #3
Resolution
No.
25-010 Page
6 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.

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

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

4. The
final
parcel
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. A
cash
deposit
to
the
City,
in
an
amount
equivalent
to
$100.00
per
sheet
of
the
parcel
map,
for
the
mylar
reproduction
of
the
recorded
tract
map
shall
be
posted.

If a mylar
copy
of
the
map
is
provided
to
the
City
within
three
(3)
months
of
its
recordation
or
prior
to
building
permit
issuance,
whichever
comes
first,
the
security
shall
then
be
returned.
(See
PMC
Section

16.12.060
8 for
subdivider
's
responsibility
to
provide
a
reproducible
mylar
copy
to
the
City).

7. Private
utility
service
and
access
easements
are
to
be
reserved
on
the
fina
l parcel
map.

8. The
Applicant
shall
pay
the
drainage
impact
development
fee
in
effect
at
the
time
of
subdivision.

9. After
subdivision,
all
parcels
will
continue
to
be
considered
one
project
as
defined
by
the
San
Diego
Regional
Water
Quality
Control
Board
. Any
future
improvements
(on
either
parcel)
adding
and/or
replacing
impervious
area
may
cause
the
project
to
be
classified
as
a
Priority
Development
Project
as
defined
in
the
Poway
BMP
Design
Manual.
(Planning
Division)

10. Development
on
the
site
must
comply
with
the
Poway
Noise
Ordinance,
Chapter

8.08 PMC.

Construction
work
is
specifically
regulated
by
PMC

8.08 .. 100.

Prior
to
issuance
of
a
Grading
Permit,
the
applicant
shall
submit
grading
plans
consistent
with
the
approved
project
plans
on
file
in
the
Development
Services
Planning
Division.

Compliance
with
the
following
conditions
is
required
prior
to
issuance
of
the
Grading
Permit.
(Engineering
Division)
9 of
24 February 17, 2026, Item #3
10 of
24 Resolution
No.
25-010 Page
7 1.

Submit
a
precise
grading
plan
for
the
development
of
the
lot
prepared
on
a
City
of
Poway
standard
sheet
at
a
scale
of
1"
=
20',
unless
otherwise
approved
by
the
City
project
engineer.

The
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.

2. Mina
de
Oro
Road
and
Misty
Meadow
Road
shall
be
repaired,
leveled
and
compacted
to
provide
a
stable
all-weather
driving
surface
to
the
satisfaction
of
the
Engineering
Division
and
the
Fire
Department.

Required
improvements
shall
include,
but
are
not
limited
to,
the
following
specific
areas:
a.

Repair
and
compact
the
pothole
located
north
of
the
intersection
of
Running
Deer
Trail
and
Mina
de
Oro
Road.
b.

Level
and
compact
intersection
of
Running
Deer
Trail
and
Mina
de
Oro
Road.
c.

Level
and
compact
approximately
200
linear
feet
near
the
lowest
elevation
point
along
Mina
de
Oro
Road,
where
storm
water
runoff
flows
through.
d.

Level
and
compact
the
unpaved
portion
of
Misty
Meadow/Mina
De
Oro
where
the
unpaved
roadway
meets
the
existing
asphalt
paving
for
the
southbound
private
driveway.
e.

Level
and
compact
approximately
200
linear
feet
of
roadway
west
of
the
highest
elevation
point
on
Misty
Meadow
Road.

These
areas
shall
be
shown
on
the
proposed
grading
plan.

3. 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.

4. 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.

5. Riprap
spreaders
shall
be
utilized
to
prevent
erosion
of
hillside.

The
spreaders
shall
be
a
minimum
of
one
foot
in
depth,
three
feet
in
width
and
shall
follow
evenly
along
a
given
contour.

6. The
property
to
the
north
is
currently
in
the
process
of
review
for
a
proposed
single
family
residence.

As
of
now Misty
Meadows
Road
only
needs
to
be
16 feet
wide
as
it
is
only
serving
two
parcels.

However,
once
a third
parcel
is
being
served,
the
road
will
need
to
be
widened
to
20 feet
up
to
the
parcel
that
it
is
serving.

7. Water
Quality
Control
-
Design
and
Construction
February 17, 2026, Item #3
11 of
24 Resolution
No.
25-010 Page
8 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.

Once
the
final
SWQMP
is
approved;
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
Poway
Municipal
Code.

Please
note
:

Two
separate
Storm
Water
Facilities
Maintenance
Agreements
will
be
required
for
each
property
and
its
corresponding
BMP(s)
once
the
lot
split
is
completed
.

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
Poway
Municipal
Code.

A
minimum
cash
security
of
$2,000
is
required
in
all
instances.
10 . The
applicant
shall
pay
the
storm
water
pollution
inspection
fee
according
to
the
latest
adopted
master
fee
schedule
.

11. Following
approval
of
the
grading
plans,
posting
of
securities
and
fees,
and
receipt
of
four
copies
of
the
approved
plans,
the
applicant
shall
attend
a
pre-construction
meeting
at
the
Department
of
Development
Services
. The
scheduling
request
shall
be
submitted
on
a
City
standard
form
available
from
the
City's
project
engineer
along
with
four
copies
of
the
approved
grading
plans.

The
appl
icant's
action
plan
that
identifies
measures
to
be
implemented
during
construction
to
address
erosion
, sediment
and
pollution
control
will
be
discussed
. Compliance
for
sediment
control
shall
be
provided
as
directed
by
the
project
inspector.
12 . Prior
to
start
of
any
work
within
a
City-held
easement
or
right-of-way,
a
Right-of-Way
Permit
shall
be
obtained
from
the
Engineering
Division
of
the
Development
Services
Department.

All
approp
riate
fees
shall
be
paid
prior
to
permit
issuance.

13. Construction
staking
is
to
be
inspected
by
the
Engineering
Inspector
prior
to
any
clearing,
grubbing
or
grading
. At
a
minimum,
all
protected
areas
as
shown
on
the
approved
grading
plans
are
to
be
staked
under
the
direction
of
a
licensed
land
surveyor
or
licensed
civil
engineer
and
delineated
with
lathe
and
ribbon.

As
applicable,
provide
two
copies
of
a
written
certification
, signed
and
sealed
in
accordance
with
the
February 17, 2026, Item #3
Resolution No. 25-01 0

Page 9 ends

Business and Professions Code, by the engineer of record stating that all protected areas have been staked in accordance with the approved plans. (Planning Division)
12 of 24

14. Any modifications to the approved grading plan will require revisions to the previously approved Landscape and Irrigation Plans (LP23-0013). The Applicant shall submit revisions to the Landscape and Irrigation Plans as a new submittal, concurrently with the grading plan or after the grading plan is approved, but prior to building permit application. Landscape and irrigation plans must conform to the standards provided in the PMC 17.41 Landscape and Irrigation Efficiency, PMC 12.32 Urban Forestry, and the Poway Landscape and Irrigation Design Manual, and other regulations as required.
a. The Landscape and Irrigation Plan submittal is a separate submittal from other project plan check submittals and is made directly to the Planning Division. Contact the Planning Division or the City website for all applicable City standards, the current Landscape and Irrigation Plan submittal checklist and the plan review fee worksheet. Landscape and irrigation plan review fees are required and are the responsibility of the Applicant.

15. The revised grading plans shall show any existing trees on the project site. A Tree Removal Permit will be required to be updated and concurrent with the Landscape Plans. Tree removal of both public and private trees, as needed shall conform to PMC Chapter 12.32 (Urban Forestry).
a. 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.

16. Any change to the approved Grading Plans will require re-evaluation of the habitat mitigations which have been approved and recorded. An update to the Biological Study may be required.
a. An Administrative Clearing Permit may be required if there are any changes to the approved grading plan, if such changes entail further brush and habitat clearing. b. Parcel 2 may require additional habitat mitigation for any expansion of the cleared and graded areas (such as the driveway, building pad, etc.)

17. Biological Notes -These notes shall be included in the notes pages on the Grading Plan:
a. To avoid potential impacts to the California Gnatcatcher and Coastal Sage Scrub (CSS), in accordance with Condition H of the HCP Incidental Take Permit, a take of active California Gnatcatcher nests, raptor, and other migratory bird nests, which February 17, 2026, Item #3
13 of
24 Resolution
No.
25-010 Page
10 includes
harassment
of
the
bird
due
to
grading
noise
and
vibrations
from
February
15 through
July
1,
(Migratory
Bird
Treaty
Act
specifies
the
migratory
season
to
be
March
1 -
August
31)
is
not
permitted.

Because
proposed
development
will
be
within
500
feet
of
CSS
habitat,
the
habitat
of
the
California
Gnatcatcher,
grading
activities
during
this
time
frame
will
only
be
permitted
subject
to
the
following
conditions
having
been
met
to
the
satisfaction
of
the
Director
of
Development
Services.
b.

The
applicant
is
hereby
advised
that,
during
grading,
if
active
nests
are
found
within
500
feet
of
the
grading,
the
grading
activity
shall
be
stopped
until
such
time
as
mitigation
measures,
to
the
satisfaction
of
the
City
and
the
California
Department
of
Fish
and
Wildlife
(CDFW,)
are
implemented
. There
is
no
guarantee
that
grading
will
be
allowed
to
resume
during
nesting
season
.
c.

Before
issuance
of
any
Clearing/Grading
Permit,
if grading
or
clearing
is
to
occur
between
February
15 and
July
1,
the
applicant
shall
provide
to
the
Planning
Division
a
letter
from
a
qualified
biologist
retained
by
the
applicant,
with
a scope
of
work for
a
CSS
habitat
and
Gnatcatcher
Protocol
Survey,
including
a
report
for
the
area
to
be
cleared
and/or
graded
and
CSS
habitat
areas
within
500
feet
of
such
area.

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

The
purpose
of
the
survey
is
to
determine
if any
active
gnatcatcher
nests
are
located
in
the
area
to
be
cleared
or
graded,
or
in
CSS
habitat
within
500
feet
of
such
area
. To
be
considered
qualified,
the
biologist
must
provide
the
City
with
a
copy
of
a
valid
Gnatcatcher
Recovery
Permit
from
the
CDFW.
d.

The
scope
of
work
shall
explain
the
survey
methodology
for
the
biological
survey
and
the
proposed
gnatcatcher
nest
monitoring
activities
during
the
clearing/grading
operation
. Should
the
report
show,
to
the
satisfaction
of
the
Director
of
Development
Services,
that
gnatcatcher
nests
are
not
present
within
the
area
to
be
graded/cleared,
or
within
CSS
habitat
located
within
500
feet
of
said
area,
approval
may
be
granted
to
commence
clearing/grading
within
the
gnatcatcher
nesting
season
from
February
15 through
July

1. e.

If
gnatcatchers
are
nesting
within
the
area
to
be
graded/cleared,
or
within
CSS
habitat
located
within
500
feet
of
said
area,
no
grading
will
be
allowed
during
this
time
.
18 . The
biologist
must
attend
the
City's
pre-construction
meeting
for
the
project
and
must
be
present
onsite
during
all
clearing/grading
activities
to
monitor
that
the
clearing/grading
activities
stay
within
the
designated
limits
. During
this
period,
the
biologist
shall
also
monitor
and
survey
the
habitat
on
a
daily
basis,
within
the
area
to
be
cleared/graded
and
any
habitat
within
500
feet
of
said
area
for
any
evidence
that
a
gnatcatcher,
raptor,
or
migratory
nest(s)
exists
or
is
being
built.

Weekly
monitoring
summaries
shall
be
submitted
to
the
Planning
Division
.

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

Upon
completion
of
the
clearing/grading
activities,
the
applicant's
biologist
shall
submit
to
the
Director
of
Development
Services
a
biological
monitoring
report
summarizing
the
daily
observations
of
the
biologist,
including
whether
any
February 17, 2026, Item #3
14 of 24
Resolution No. 25-01 0

Page 11 ends

gnatcatchers or evidence of active gnatcatcher nests were present during clearing and grading activities within the area and any habitat within 500 feet of said area.

19. Cultural Resources: These notes shall be included in the notes pages on the Grading Plans:
a. Prior to issuance of a grading permit, the applicant shall provide written verification that a qualified archaeologist and a Tribal Monitor from San Pasqual or other selected Monitor, has been retained to implement the monitoring program. This verification shall be presented in a letter from the project archaeologist and the Tribes to the City.
b. The qualified archaeologist shall attend the pre-construction meeting with the contractors and City staff to explain and coordinate the requirements of the monitoring program.
c. The consulting archaeologist shall direct the field monitor during grading of all areas identified for development.
d. Native American monitoring will be required during grading, unless the certified archaeologist determines that the potential for cultural resources has been exhausted. The Native American monitors will be directed by the project archaeologist.
e. During the original cutting of previously undisturbed deposits, the archaeological monitor and Native American representative shall be on site, as determined by the consulting archaeologist, to perform inspections of the excavations. Full-or part time inspections may be needed depending upon the rate of excavation, the materials excavated, and the presence and abundance of artifacts and features. f. Isolates and clearly non-significant deposits will be minimally documented in the field so the monitored grading can proceed.
g. In the event that previously unidentified cultural resources are discovered, the archaeologist shall have the authority to divert or temporarily halt ground disturbance operation in the area of discovery to allow for the evaluation of potentially significant cultural resources. The archaeologist shall contact the City at the time of discovery. The archaeologist, in consultation with the City, shall determine the significance of the discovered resources. The City must concur with the evaluation before construction activities will be allowed to resume in the affected area. For significant cultural resources that are discovered and will be destroyed by grading, a Research Design and Data Recovery Program to mitigate impacts shall be prepared by the consulting archaeologist and approved by the City before being carried out using professional archaeological methods. If any human remains are discovered, all grading at that location must stop and the county coroner and City shall be contacted. In the event that the remains are determined to be of Native American origin, the Most Likely Descendant, as identified by the NAHC, shall be contacted in order to determine proper treatment and disposition of the remains.
h. Before construction activities are allowed to resume in the location of any February 17, 2026, Item #3
Resolution No. 25-010

Page 12 ends

discovered significant cultural deposits, the artifacts shall be recovered, and features recorded using professional archaeological methods. The archaeological monitor(s) shall determine the amount of material to be recovered for an adequate artifact sample for analysis.
i. All cultural material collected during the grading monitoring program shall be processed and curated according to the current professional repository standards.

The collections and associated records shall be transferred, including title, to an appropriate curation facility, to be accompanied by payment of the fees necessary for permanent curation.
j. A report documenting the field and analysis results and interpreting the artifact and research data within the research context shall be completed and submitted to the satisfaction of the lead agency prior to the issuance of any building permits. The report will include DPR Primary and Archaeological Site Forms.

Q. Prior to the issuance of a Building Permit, the applicant shall submit construction plans consistent with the approved TPM plans on file in the Development Services Planning Division. Compliance with all of the following conditions is required prior to the issuance of any Building Permit:
(Engineering Division)
15 of 24

1. The Final Map shall be approved.

2. Required roadway improvements shall be completed including on-site driveways and off-site roadway improvements to Mina de Oro Road and Misty Meadow Road.

3. Two separate Storm Water Facilities Maintenance Agreements will be required for each property and its corresponding BMP(s) once the lot split is completed.

4. 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 of lots 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.

5. 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.

6. The 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 electronically the following:
a. Certification of line and grade for the lot, prepared by the engineer of work. b. Soil compaction report for the lot, prepared by the project's geotechnical engineer.

February 17, 2026, Item #3
Resolution No. 25-010

Page 13 ends

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

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

8. Final approval of the septic system shall be provided prior to building permit issuance. (Building Division)

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

10. Code Case CASE23-0123 must be resolved prior to approval of the final parcel map or any building permit on the project site.
(Planning Division)

11. 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.

12. An Affordable Housing In-Lieu Fee shall be paid to the Planning Division for the residence (and ADU, if applicable) at the rate established at the time of Building Permit Issuance.
(Fire Department)
16 of 24

13. This parcel is located within the Very High Fire Hazard Severity Area of the City and is new construction; therefore, the California Fire Code, Poway Municipal Code Chapter 15.24, and the California Building Code shall apply.

14. Ignition Resistant Class I construction shall be required per the California Building Code Chapter 7 A.

15. This parcel is located outside the City of Poway water service area and an above ground water storage tank(s) shall be required for fire protection standby water use.

Water storage tanks shall comply with PMC Table 507.2.2 and installed in accordance with NFPA 22.
a. Water tanks shall be installed in accordance with NFPA 22 and the following:
b. Tank elevation shall be equal to or higher than the fire department connection on the premises. Regardless of domestic use, all tanks shall be equipped with a device that will ensure that the tank contains the designated amount of water for fire flow duration as determined by the Deputy Fire Marshal.

February 17, 2026, Item #3
17 of 24
Resolution No. 25-01 O

Page 14 ends

c. Tank size(s) shall require increasing to serve multiple structures on a single parcel.

The supply outlet shall be at least four inches in diameter from the base of the tank to the point of outlet at the fire department connection. The fire department connection shall be at least one 4-inch National Standard Thread (male), reduced to one 2½-inch National Standard Thread (male). Additional outlets may be required.
d. Tanks that are supplied by municipal water, when permitted by the Deputy Fire Marshal, shall have a minimum capacity of 10,000 gallons provided that the sole use of these tanks is for fire protection purposes.
e. Location of fire department standpipe connection shall be determined and identified on the MORA, Landscape, and Fire Department site plans. Consideration will be given to factors such as topography, elevations, distance from structures, driveway access.
f. The outlet(s) shall be located along an access roadway/driveway and shall not be closer than 50 feet or further than 150 feet from the structure(s). g. All exposed tank supply pipes shall be of an alloy or other material listed for above ground use. Adequate support shall be provided.
h. Water storage tanks shall be constructed from materials approved by the Deputy Fire Marshal, NFPA 22, and installed per manufacturer specifications. i. The Deputy Fire Marshal may require additional information to be submitted on a site plan for approval.
j. Vessels previously used for products other than water shall not be permitted.

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

17. Fire apparatus access roadways and driveways shall have an unobstructed, improved width of not less than 20 feet, except that single-family residential driveways and roadways serving no more than two improved parcels containing dwelling units are permitted to have a minimum of 16 feet of unobstructed improved width. Vertical overhead clearance shall be a minimum of 13 feet 6 inches. Fire apparatus access roads shall be designed and maintained to support the imposed loads of a fire apparatus at not less than 75,000 pounds and shall be provided with an approved paved surface to provide all-weather driving capabilities. A paved driving surface shall mean asphalt, concrete, permeable paving system, or decomposed granite when only utilized on the immediate single-family residential driveway or accessory structure and the grade is 5 percent or less and is followed with an engineered geotechnical report indicating said material and construction meets the minimum 75,000-pound fire apparatus weight capacity. The turning radius of fire apparatus access roads and driveways shall be a minimum of 28 feet. Driveway width shall be measured from inside curb to inside curb.

February 17, 2026, Item #3
18 of 24
Resolution No. 25-010

Page 15 ends

18. The gradient for a fire apparatus access roadway/driveway shall not exceed 20 percent. Grades >15 to 20 percent shall be constructed of Portland Cement Concrete (PCC), with a deep broom finish perpendicular to the direction of travel, or equivalent, to enhance traction. Grades > 10 to 15 percent shall be constructed of Asphalt (ACC) or PCC. Permeable Paver systems shall only be utilized for grades O to = or <10 percent. Decomposed granite (DG) may be utilized only for the immediate residential driveway serving the single-family dwelling or accessory structure and not a main fire apparatus roadway. DG shall only be approved when the driveway grade is 5 percent or less. The angle of departure and the angle of approach of a fire access roadway/driveway shall not exceed 12 percent.

19. All dead-end fire access roadways and driveways greater than 150-feet in length shall be provided with an approved apparatus turnaround. Turnarounds shall comply with the City of Poway Fire Department Turnaround Policy. Turnarounds shall be required serving only single-family residential driveways, and cul-de-sacs shall be required in residential areas where the access roadway serves more than two improved parcels containing dwelling units. Turnarounds, cul-de-sacs, and turnouts shall be overlayed with dimensions on all submitted plans.

20. Driveways shall extend to within 150 feet of all portions of the exterior walls of the structure (Hose-Pull) as measured by an approved route around the exterior of the building, unless formally approved by the Deputy Fire Marshal under an exception to extend.

21. Roadways and driveways for fire apparatus access, either temporary or permanent, shall be installed or improved prior to the arrival of combustible building materials.

22. A residential fire sprinkler system with an auxiliary booster pressure pump and standby water supply shall be required. The booster pump shall also be supported by an emergency LPG fueled backup power source. The required fire protection standby water supply shall be designated for firefighting purposes and to support the residential fire sprinkler system based on the size of the structure and is listed in Table 507.2.2 of the Poway Municipal Code shown above. Two separate plans shall be submitted to the Poway Fire Department, Division of Fire Prevention, for review. Plans shall be prepared by a CA licensed fire protection contractor or fire protection engineer and require review and approval prior to installation. Deferred submittals shall include: 1) the above ground fire protection standby water storage tank(s); 2) the residential fire sprinkler system with auxiliary booster pressure pump. There are separate plan check fees for these review and inspection services.

23. Approved address shall be placed on all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Address shall contrast with their background and shall meet CA Building Code standards. The address shall also be required at the private driveway entrance.

24. All automatic gates across fire access roadways and driveways shall be equipped with a Knox Gate Key Switch overriding all command functions and opening gate(s) for emergency apparatus vehicles.

25. Buildings and structures located in a Rural Residential Zone within the Very High Fire February 17, 2026, Item #3
19 of 24
Resolution No. 25-01 0

Page 16 ends

Hazard Severity Area shall be setback a minimum of 30ft from property lines and biological open space easements unless the Poway Municipal Code requires a greater minimum. When the property line abuts a roadway, the setback shall be permitted to measure from the farthest roadway edge.

26. Buildings and structures located within a Rural Residential Zone and the Very High Fire Hazard Severity Area shall be set back from the top of slope(s). Single-story structures shall be set back a minimum 15 feet horizontally from the top of slope to the structure. A single-story structure shall be less than 12 feet above grade. A two-story structure shall be set back a minimum of 30 feet horizontally from top of slope to the structure. Structures greater than two stories may require a greater setback when the slope is greater than 2 to 1, per Deputy Fire Marshal discretion. Structure setbacks shall be reflected on the site plan. Reflect scaled cross section profiles identifying the top of the slope, and the setback distance at multiple locations on the plan submittal where slopes are present.

27. This project shall comply with Section Four of the City of Poway Landscape and Irrigation Design Manual and Poway Municipal Code 15.24 as it relates to fire fuel management and defensible space. 100 feet of fire fuel management shall be provided consisting of 5 feet of Zone 0, 30 feet of Zone 1, and 70 feet of Zone 2. Mitigation shall be required where 100-feet of fire fuel management cannot be achieved within the parcel boundaries. Contact the Deputy Fire Marshall directly at [email protected] to discuss and pre-approve proposed fire mitigation. 10 feet of fire fuel management, meeting Zone 2 requirements, shall also be provided on both sides of all driveways and roadways within or adjacent to the property boundary when not already within a fire fuel management area. A Fire Fuel Management Plan and Landscape Plan submittal shall be submitted. The one-page Fire Fuel Management site plan shall be submitted with the Landscape plan and reflect all required fuel modification, mitigation, and defensible space factors. Section Four of the Landscape and Irrigation Design Manual shall be reflected directly onto the landscape plan. The applicant shall submit and receive signed approval of the landscape plan prior to the issuance of the building permit. All fuel modifications shall be installed prior to the final inspection for issuance of a certificate of occupancy.

28. Fire mitigation is required where defensible space cannot be achieved within the parcel boundaries. Mitigation shall be pre-approved. Mitigation shall be vegetation management easements, fire walls, fire fences, or extended irrigation and hardscaping.

29. All flammable/combustible vegetation within the defensible space areas shall be addressed prior to the arrival of combustible materials on the project site and shall be maintained throughout the complete duratio.n of the project. Defensible space shall also be maintained in accordance with the approved Fire Fuel Management Plan, Landscape Plan, and City Landscape and Irrigation Design Manual throughout the life of the structure(s).

30. Smoke alarms shall be installed in all bedrooms and adjoining hallways, and on each separate floor, and shall be interconnected.

31. Carbon monoxide alarms shall be installed in hallways adjoining bedrooms, and on each separate floor, and shall be interconnected.

February 17, 2026, Item #3
Resolution No. 25-010

Page 17 ends

32. Chimneys and fireplaces shall be equipped with an approved spark arrester meeting the requirements of the CA Building Code Chapter 7 A.

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

The size and location shall be reflected on the site plan with dimensions to nearby boundaries and structures.

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

1. Existing overhead electrical poles and lines must be undergrounded.

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

3. 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. All new utility services shall be placed underground.

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

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

6. 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.

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

8. After completion of all work, record drawings, 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 record drawings is required prior to issuance of occupancy and release of grading securities. Initial submittal of record drawings at least three weeks prior to a request for occupancy is recommended.

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. (Planning)
20 of 24

10. A deed restriction (covenant) shall be recorded with the County Recorder, prior to Certificate of Occupancy issuance, agreeing to maintain the Fire Fuel Modification Zones per the approved Landscaping Plan will be required.

February 17, 2026, Item #3
Resolution No. 25-010

Page 18 ends

11. The building plans shall include elevations and cross-sections that show all roof mounted appurtenances, including but not limited to, air conditioning and vents, screened from view of adjacent properties to the satisfaction of the Director of Development Services.

12. Exterior building materials and finishes shall be noted on the building plans, to the satisfaction of the Director of Development Services. All architectural details shall be shown on the building plan check submittal.

13. The landscape plans shall be approved, installed, and inspected prior to issuance of the final Certificate of Occupancy.

14. All landscape areas shall be maintained in perpetuity in a healthy and thriving condition, free from weeds, trash, and debris. Trees shall be encouraged and allowed to retain a natural form. Pruning is restricted to maintaining the health of the trees and to protect the public safety. Unnatural or excessive pruning, including topping or lopping, is prohibited.

15. The site shall be cleared of all construction materials, supplies, and equipment. Final inspections, including Planning inspection, are required prior to issuance of any Certificate of Occupancy.

SECTION 8: The current project approval of TPM 24-0002 shall expire on May 20, 2027, at 5:00 p.m., unless a Building Permit has been issued, and construction or use of the property in reliance on this permit has commenced on the property; unless a request for a time extension is submitted to the Development Services Department and a time extension is subsequently granted by the City Council prior to the expiration.

SECTION 9: The parties are hereby informed that the time within which judicial review of this extension must be sought is governed by Section 1094.6 of the California Code of Civil Procedure.
21 of 24
II
II
II
II
II
II
II
II
II
II
February 17, 2026, Item #3
Resolution No. 25-010

Page 19 ends

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 20th day of May, 2025 by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:

ATTEST:
22 of 24

PIKUS, DE HOFF, VAUS
BLAIN
MAEDA
NONE
NONE
Steve Vaus, Mayor
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February 17, 2026, Item #3
PARCEL MAP NO.

OWNER'S STATEMENT: TENTATIVE PARCEL MAP 24-0002
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CITY ENGINffR'S STATEMENT:
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CITY SURVEYOR'S STATEMENT:
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February 17, 2026, Item #4
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
February 17, 2026
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development ServiceQ
Miguel Solano, Associate Engineer
(858) 668-4653 or [email protected]

CITY COUNCIL
Award of Contract to L.B. Civil Construction, Inc., for the Annual Channel Rehabilitation Project, Bid No. 26-007 and Determination the Project is Categorically Exempt from the California Environmental Quality Act
This action will award a construction contract for the Annual Channel Rehabilitation project to L. B.

Civil Construction, Inc., the lowest responsive and responsible bidder. This project involves concrete repairs to address deteriorated sections within the Pomerado drainage channel, along with targeted repairs in the Floral Channel and full-length rehabilitation of the All brook Channel.

Recommended Action:

It is recommended the City Council:
1) Award the contract for the Annual Channel Rehabilitation project to L. B. Civil Construction, Inc., in the amount of $571,500.00 for the base bid and $90,000.00 for the three additive alternates for a total contract amount of $661,500.00 and authorize the City Manager to execute the contract (Attachment A);
2) Appropriate additional funds in the amount of $185,725.00 from the Drainage Fund (Fund 231 0) for construction of the Annual Channel Rehabilitation project (DR009); and 3) Make a determination the project is Categorically Exempt from the California Environmental Quality Act (CEQA).

Discussion:

This project was developed to address deteriorating conditions within several concrete stormwater channels throughout the City. Public Works staff evaluated the concrete channels and identified areas requiring immediate repair. The project will address deteriorated concrete along the Pomerado Channel, repair damaged sections of the Floral Channel and complete full-length concrete repairs along the Allbrook Channel. The scope of work includes repairing channel sidewalls and bottoms damaged by age, erosion and encroaching vegetation, as well as clearing and grubbing and the removal of trees that are contributing to structural damage. These improvements are necessary to resto_re structural integrity,. maintain proper stormwater flow capacity, reduce the risk of further degradation and support safe and effective ongoing maintenance activities. 1 of 11
February 17, 2026, Item #4
Bids were opened on January 14, 2026. A total of three bids were received for the construction contract, ranging as follows:

Company Total Base Bid
L. B. Civil Construction, Inc. $571,500.00
Wright Construction Engineering Corp $670,755.00
Palm Engineering $673,146.46
The low bid of $571,500.00 submitted by L. B. Civil Construction, Inc., is an acceptable bid that is responsive to, and meets the requirements of, the bid specifications. The contract time for this project is 35 working days with an engineer's estimate of $569,380.00. Additive alternates were included in the bid and are recommended to be added to the contract. The additive alternates expand the project limits to include an additional channel location and consist of concrete repairs, clearing and grubbing and root removal within the Upper Pomerado Channel.

Environmental Review:

The project is Categorically Exempt from CEQA pursuant to Section 15302, Class 2 Replacement or Reconstruction of the CEQA Guidelines. Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced.

Fiscal Impact:

Funds totaling $500,000.00 are available in the Annual Channel Rehabilitation (DR009) project funded by the Drainage Fund 2310. With the recommended appropriation in the amount of $185,725.00 from the Drainage Fund 2310 reserves included in this report, there will be sufficient funds in the project account to cover the construction costs of the project. The budget of $685,725.00 will include the cost for the construction contract and a 15% contingency allowance. There are sufficient unappropriated funds in the Drainage Fund 2310 Fund Balance to fulfill this appropriation request.

Public Notification:

Prior to construction, staff will notify the residents near the project locations about the upcoming construction work.

Attachments:

A. Construction Contract
Reviewed/Approved By:

Assistant City Manager
2 of 11
Reviewed By:

Alan Fenstermacher
City Attorney
Chris Hazeltine
City Manager
February 17, 2026, Item #4
SECTION 8

CONSTRUCTION CONTRACT

CITY OF POWAY

ANNUAL CHANNEL REHABILITATION
This Contract made and entered into this 18th day of February 2026, by and between City of Poway, a municipal corporation of the State of California, hereinafter referred to as "City" and L. B. Civil Construction, 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 will repair sections of spalled or eroded concrete along the Pomerado Channel, which runs parallel to the eastern side of Pomerado Road from Laja Drive to Tassel Road, including the areas near Nazas Drive and Amso Street, Vaughan Road and Frame Road, and Shallman Street and Frame Road. The work will also include repairing identified sections of the Floral Channel and completing full-length repairs along the Allbrook Channel.

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, 3 of 11 ATTACHMENT A
February 17, 2026, Item #4
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 $661,500.00 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 35 Working Days after the date specified in the Notice to Proceed.

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

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

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

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

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

10. Contractor shall be subject to the penalties in accordance with Labor Code of § 1775 for each worker paid (either by Contractor or by any subcontractors under Contractor) less than the prevailing rate described above on the work provided for in this Contract.
4 of 11
February 17, 2026, Item #4

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
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
February 17, 2026, Item #4
6 of 11
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.
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 February 17, 2026, Item #4
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 subsequent endorsements attached thereto, the commercial general liability and commercial vehicle liability policies shall bear endorsements whereby it is provided that the City, and its officers, employees, servants, volunteers, agents and independent contractors are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. c. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City, and its officers, employees, servants, volunteers, agents and independent contractors.
d. Each policy required herein must be endorsed to provide that the policy shall not be cancelled in coverage or limits (except by paid claims) unless the insurer has provided the City with 30 days prior written notice of cancellation. Contractor agrees to provide the City with 30 days written notice prior to any non-renewal or reduction in coverage or limits.
e. All insurance policies required to be provided by Contractor or any other party must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained or available to the City, and its officers, employees, servants, volunteers, agents and independent contractors.

17. a. Contractor shall defend, indemnify and hold harmless the City, its officers, 7 of 11
officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith) to the extent actually caused by the negligence of Contractor, Contractor's employees, subcontractors or independent contractors except for any such claim arising out of the negligence or willful misconduct of the City, or its officers, agents, employees or volunteers. b. The City does not, and shall not, waive any rights that it may have against Contractor under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this February 17, 2026, Item #4
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, clauses, paragraphs, or sections contained in this Contract shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Contract which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder.

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

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

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

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

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

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

Contractor shall provide all reasonable facilities and assistance for the safety and 8 of 11
February 17, 2026, Item #4
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 increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights that pertain to the resolution of disputes and protests between the parties.

February 17, 2026, Item #4

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.
1 o of 11
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)
February 17, 2026, Item #4
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:

LB Civil Construction, Inc.

Print Name of Construction Company
By:

Signature
Geoff Bohne
Print Name
Contractor information:

Address for Notices and Payments
324 East Valley Pkwy,
Escondido, CA 92056
Telephone Number: 760-294-0974
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
DATE: Fe
bruary 17, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Alan Fenstermacher, City Attorney
CONTACT: Alan Fenstermacher, City Attorney
[email protected]
SUBJECT: Ordinance to Repeal Poway Municipal Code Provisions Regarding Conduct During Physical Attendance at City Council Meetings
Summary:

City st
aff periodically reviews the Poway Municipal Code (PMC) and makes recommendations for revisions, often to remove outdated or unenforceable provisions. Staff recommends adopting the proposed Ordinance (Attachment A) deleting PMC sections 2.18.190 and 2.18.200 as being no longer necessary, and unconstitutional portions of Section 2.18.160(3)(b).

The City Council’s purpose of enacting Sections 2.18.190 and 2.18.20 0, which require physical presence at the dais at Council meetings, was “to ensure all members of the public that take the time to come to a City Council meeting and participate in public are treated with respect, that City Council colleagues treat each other with respect, and that all viewpoints are considered prior to speaking or acting on an item” during a time when the actions of a former City Councilmember refused to sit at the dais for extended periods of time without legitimate reason, particular during criticism. This was unique to the unprecedented behavior of a former Councilmember, who has now been removed from Council.

Section 2.18.160 also contains an outdated provision requiring all public comments to be addressed to the City Council as a whole, not an individual Councilmember. The City Attorney’s office believes this provision violates state law and perhaps the U.S. Constitution, and is therefore unenforceable. As a result, this requirement has not been enforced.

If approved, the Ordinance would repeal PMC §§ 2.18.190 & 2.18.200, which would allow Councilmembers to use the restroom or otherwise briefly leave the dais without asking for a formal recess. The Ordinance would return the rules to reasonableness and treating elected officials like 1 of 6
February 17, 2026, Item #5
AGENDA RE PO RT City of Poway

CITY COUNCIL
professional adults . The O rdinance w ould also e liminate c onfusion o ver w hy a n u nenforceable provision of the PMC is not enforced by formally removing it from the PMC.

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 February 17, 2026 Regular City Council meeting.

Discussion:

On May 7, 2025, the City Council approved Ordinance 873 which amended Chapter 2.18 of the PMC to institute rules regarding conduct by City Councilmembers when physically present at a meeting.

These rules, which require members of the City Council to request to leave the dais during an ongoing City Council meeting or risk being barred from participation in matters that occur while they are physically away from the dais, has resulted in Council time that could be otherwise focused on accomplishing the important work of the City of Poway instead being devoted to ensuring that Councilmembers were conducting themselves in a manner becoming of the City’s elected representatives. However, the conduct of a former Councilmember made these rules necessary to ensure the continued functioning of City Council meetings as contemplated by the Poway Municipal Code.

Since the removal of the former Councilmember, none of the current Councilmembers have engaged in the disruptive conduct that necessitated these rules or shown any inclination to do so , and that kind of conduct never occurred in the decades prior to the former Councilmembe r’s t enure. As mentioned above, this Ordinance will return City Council procedure to the way it operated throughout its history, prior to the enactment of Ordinance 873.

Additionally, the requirement in PMC section 2.18.160(3)(b) to only address the Council as a whole is unenforceable, because it likely violates the First Amendment as well as the Brown Act--the state open meeting law that contains contrary provisions. This issue was mostly recently raised last year, in the City o f H untington B each, w hich also c hanged its C ode a ccordingly:
https://voiceofoc.org/2025/06/huntington-beach-nixes-public-comment-restrictions-after-aclu- warning/.

Environmental Review:

None.

Fiscal Impact:

None.

Public Notification:

None.
2 of 6
February 17, 2026, Item #5
3 of 6
February 17, 2026, Item #5
Attachments:

A. Ordinance XXX
Reviewed/Approved By:

Assistant City Manager
Reviewed By:

Alan Fenstermacher
City Attorney
Ap:~
Chris Ha • e
City Manager
4 of 6
February 17, 2026, Item #5

ATTACHMENT A
ORDINANCE NO.

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

OF THE POWAY MUNICIPAL CODE RE PHYSICAL

ATTENDANCE AT CITY COUNCIL MEETINGS
WHEREAS, City staff periodically conducts review of the Poway Municipal Code (PMC) and recommends amendments;
WHEREAS, the City Council of the City of Poway wishes to rescind rules regarding Councilmembers' physical presence on the dais during City Council meetings, which are no longer necessary; and
WHEREAS, the City Council of the City of Poway wants to removal all unconstitutional or otherwise unenforceable portions of the PMC when the chance arises.

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 delete Sections

2.18.190 and 2.18.200 in their entirety, 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) 5 of 6
February 17, 2026, Item #5
Ordinance No.

Page 2 ends

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: Section 2.18.160, subdivision (3)(b) of Chapter 2.18 (Meetings) of the PMC is hereby amended as follows (deletions in strikeout):

Each person addressing the Council shall speak into the microphone at the speaker's podium when the same is in use and, unless further time is granted by the Mayor, shall limit the address to three minutes, unless this three-minute time limit is reduced by the Mayor due to a large number of speakers. All remarks shall be addressed to the Council as a body, and not to any member thereof. No person other than the Council and the person having the floor shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the Mayor. No person shall address or question a Councilmember, the City Attorney, the City Manager or other official without the prior consent of the Mayor.

SECTION 4: The City Council finds that this Ordinance is not a "project" pursuant to the California Environmental Quality Act ("CEQA").

SECTION 5: If any provisions of this Ordinance or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or application, and to this end the provisions of this act are severable.

SECTION 6: This Ordinance shall be codified.

EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption.

CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City 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.

II
II
II
II
II
II
II
6 of 6
February 17, 2026, Item #5
Ordinance No.

Page 3 ends

INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 17th day of February, 2026, and thereafter.

PASSED AND ADOPTED at a Regular Meeting of said City Council held the 3rd day of March, 2026 by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
February 17, 2026, Item #6
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PQ RT City of Poway
February 17, 2026
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Services~
Oda Audish, Associate Planner
858-668-4661 or [email protected]

CITY COUNCIL
Tentative Parcel Map 24-0003, a Request to Subdivide One Commercial Parcel into Two Commercial Parcels (APN 317-101-40-00, 317-101-41-00, 317-101-42-00 and 317- 101-43-00); and Determine the Project is Categorically Exempt from the California Environmental Quality Act (CEQA)
Nasland Engineering (applicant) and Lively John S. Trust (property owner) are proposing to subdivide an approximately 7.5-acre commercial property (Lively Center) into two parcels measuring approximately 6.6 acres and 0.9 acres. The property is located at 13230-13320 Poway Road and is within the Town Center (TC) land use district of the Poway Road Corridor Specific Plan (PRSP) area. No new structures or changes in use are proposed.

Recommended Action:

It is recommended the City Council take public input, close the public hearing, find and determine the project is categorically exempt from CEQA and adopt the Resolution (Attachment A) approving TPM 24-0003.

Discussion:

Background:

The California Subdivision Map Act outlines the process for subdivision of land. Generally, the first step is a quasi-judicial (or non-judicial body interpreting the Code) public hearing to consider the tentative map, referred to as a tentative parcel map (TPM) when four or fewer parcels are created.

This step involves evaluating a project for compliance with existing objective standards, conditions and policies. After a public hearing and evaluation of the evidence, a written decision or resolution is adopted based on evidence presented.

Project Details:

The project applicant is Nasland Engineering and Lively John S. Trust is the property owner. The project site is an approximately 7.5-acre commercially developed property (Lively Center) located at 13230- 1 of 15
February 17, 2026, Item #6
13320
Poway
Road,
zoned
Planned
Community
(PC)
and
within
the
Town
Center
(TC)
land
use
district
of
the
Poway
Road
Corridor
Specific
Plan
(PRSP)
area.

A
zoning
and
location
map
is
included
as
Attachment
B.

The
property
is
currently
assigned
four
Assessor's
Parcel
Numbers
for
property
tax
purposes
but
consists
of
only
one
legal
lot.

The
property
was
developed
in
the
1970s
prior
to
City
incorporation.

The
Lively
Center
is
made
up
of
business
components.

One
component
is
the
shopping
center
adjacent
to
Poway
Road
which
has
two
main
buildings
that
are
occupied
with
a
variety
of
retail,
service,
fitness,
educational,
entertainment
and
restaurant
uses.

The
shopping
center
also
contains
a
stand-alone,
drive-up
coffee
kiosk,
a drive
through
restaurant
and
a
car
wash
facility.

The
car
wash
is
currently
not
in
operation
but
the
City
is
currently
processing
a
separate
Minor
Development
Review
Application
(MORA
25-0010)
to
remodel
the
car
wash.

The
second
component
of
the
Lively
Center
is
a
ministorage
facility
directly behind
the
shopping
center.

Access
to the
mini-storage
facility
is
through
the
shopping
center.

The
proposed
TPM
would
create
two
parcels.

The
drive-through
restaurant
and
car
wash
on
the
west
side
of
the
center
would
be
located
in
a 0.9
acre
parcel
(Parcel
2).

The
remainder
of
the
Lively
Center
would
be
contained
within
a 6.6-acre
Parcel
(Parcel
1 ).

Compliance
with
Development
Standards:

The
PRSP
establishes
objective
development
standards
for
the
TC
land
use
district,
including
setbacks,
lot
coverage
and
other
criteria.

The
proposed
lot
split
meets
the
objective
standards
of
the
PRSP
and
conforms
with
the
General
Plan
as
further
outlined
below:

TC
Development
Standard
Standard
from
Code
Proposed
Project
Complies
Pertinent
to a
Subdivision
Maximum
Lot
Coverage
65%
Parcel
1:

25.5%
Yes
Parcel
2:
11 .8%
Front
Yard
Setback
Ground
Floor
5 feet
Yes
Retail/Commercial
Use:
5 feet
minimum,
10 feet
maximum
Side
Yard
Setback
0 foot
minimum.

On
Interior
20 feet
adjacent
to
Yes
lots,
buildings
shall
only
be
set
adjacent
residential
back
from
the
property
line
to
zone
allow
for
a
driveway.
1 O
feet
minimum
with
ground-
floor
residential
use
or
if
parcel
is
adjacent
to
a
residential
zone
Rear
Setback
0 feet
minimum
70 feet
Yes
15 feet
minimum
when
adjacent
to
a
single-family
residential
zone
The
TPM
is
included
as
Attachment
C.

Although
the
MORA
application
to
remodel
the
car
wash
is
independent
of
the
TPM,
the
plan
illustrates
the
layout
of
the
proposed
car
wash
to
ensure
all
components
would
be
included
in
Parcel

2. The
applicant
submitted
a
parking
analysis
which
demonstrates
that
each
of
the
new
parcels
meets
the
minimum
required
off-street
parking
standards
based
on
current
uses.
2 of
15 February 17, 2026, Item #6
Access:

The Lively .(tenter currently is served by six driveways. The two westerly driveways are one-way in and one-way out serving the drive-through restaurant. To improve traffic flow and safety along Poway Road, PRSP calls for "Reciprocal access drives to link adjacent properties and avoid individual curb cuts for every use/parking lot''. Accordingly, staff together with the applicant and property owner have reviewed options for eliminating one or more driveways. The TPM proposes to delete the entry driveway specifically designated for the drive-through restaurant as shown on Exhibit D. The restaurant can still be accessed via Parcel 2 using the wider two-way driveway to the east. The drive through exit driveway will remain.

Landscaping:

The proposed project would expand and enhance the existing landscape areas along Poway Road.

Additional planter areas would be created in the area of the deleted driveway discussed above. Also, a proposed condition of approval would extend the existing landscape planter bordering the auto supply store further east to meet up with the easterly driveway. Existing landscaped areas will be enhanced with new street trees, shrubs and ground cover to improve the street scape as envisioned in the PRSP.

Americans with Disabilities Act (ADA) Compliance:

A total of five driveways from Poway Road will serve the two parcels. A condition of approval will require the driveways be updated to be compliant with the current Americans with Disabilities Act (ADA). Furthermore, the existing bus stop along the property's Poway Road frontage shall be updated to provide an ADA compliant pad without obstructing the sidewalk.

Streetlights:

Three streetlights will be added along the street frontage consistent with the street light pattern along Poway Road. Three streetlights were previously required to be installed along Poway Road when the County of San Diego approved the addition of the mini-storage buildings in the Lively Center in 1978.

However, the property owner entered into a recorded agreement with the County which allowed the owner to defer the streetlight installations (Doc. #78-185789). The three streetlights associated with TPM will satisfy the terms of the prior agreement.

Trash Enclosures:

The Lively Center developed at a time when trash enclosures were not required. Some of the trash dumpsters are visible from Poway Road. A condition of approval requires trash enclosures be constructed to house all trash bins in compliance with storm water regulations and to improve the aesthetics of the site.

Signage:

The Poway Comprehensive Sign Code currently allows up to two monument signs along a shopping center frontage longer than 300 feet. The three monument signs currently installed along the Lively Center frontage have all previously been permitted. Since the monument signs are legal non conforming, they can remain but no additional monument sign would be permitted.

The comprehensive sign program (CSP78-14) for the Lively Center was initially adopted in 1978 and subsequently updated in 1995. A condition of approval would require the CSP be modified to reflect the Lively Center is still one center for sign purpose although it consists of two parcels. The CSP update 3 of 15
February 17, 2026, Item #6
would also bring the center into compliance with the current comprehensive sign regulations and gradually create a more cohesive appearance of freestanding and wall signs. The update will clarify the number of and placement of monument signs within the center and address signage for businesses that are not visible from Poway Road.

Summary:

The TPM meets all required findings of the PMC and California Government Code Section 66444- 66450. It is consistent with the General Plan, the PMC, the PRSP and compatible with development in the vicinity. The project has been designed to minimize impacts on the surrounding community and the systems that serve that community; so, it would not be materially detrimental to public health, safety or welfare. The project will improve safety with the installation of streetlights, provide ADA compliance within the adjacent public right-of-way, provide trash enclosures that will address stormwater regulations, and enhance the appearance of the Lively Center from Poway Road. It is recommended the City Council approve the attached Resolution approving TPM 24-0002.

Environmental Review:

This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15315 of the CEQA Guidelines as a minor land division in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two years, and does not have an average slope greater than 20 percent.

Fiscal Impact:

There is no Fiscal Impact associated with the recommended action.

Public Notification:

A Notice of Public Hearing was published in the Poway News-Chieftain on Thursday, February 5, 2026.

A Notice of Public Hearing was also mailed to property owners and occupants within 500 feet of the subject property on Thursday, February 5, 2026.

Attachments:

A. Resolution approving TPM 24-0003
B. Zoning and Location Map
C. Tentative Parcel Map plan documents
D. Proposed Driveway Elimination and New Landscape Areas Reviewed/Approved By:

Assistant City Manager
4 of 15
Reviewed By:

Alan Fenstermacher
City Attorney
Chris e
City Manager
February 17, 2026, Item #6

RESOLUTION
NO.
26-
A

RESOLUTION
OF
THE
CITY

COUNCIL
OF
THE
CITY
OF
POWAY,

CALIFORNIA,

APPROVING

TENTATIVE
PARCEL
MAP
(TPM)
24-0003
TO

SUBDIVIDE
ONE
PARCEL
INTO
TWO

COMMERCIAL

PARCELS
WITHIN
THE
POWAY
ROAD

CORRIDOR

SPECIFIC
PLAN,
TOWN
CENTER

DISTRICT,

ASSESSOR'S
PARCEL

NUMBERS
317-101-40-00,
317-101-
41-00,
317-101-42-00
AND
317-101-43-00

WHEREAS,
Tentative
Parcel
Map
(TPM)
24-0003
was
submitted
by
John
Winn
with
Nasland
Engineering
(applicant)
and
Lively
John
S.

Trust
(property
owner),
to
subdivide
an
existing
commercial
property
(Lively
Center)
at
13230-13320
Poway
Road
within
the
Planned
Community
(PC)
zone
and
the
Town
Center
(TC)
land
use
district
of
the
Poway
Road
Specific
Plan
(PRSP)
area.

The
commercial
property
is
currently
assigned
four
Assessor's
Parcel
Numbers
but
consists
of
only
one
legal
lot;

WHEREAS,
the
proposed
subdivision
(the
Project)
would
subdivide
the
approximately

7.5-
acre
Lively
Center
property
into
two
parcels
measuring
approximately

6.6 acres
and

0.9 acres
.

No
new
structures
or
changes
in
use
are
proposed;

WHEREAS,
on
February
17,
2026,
the
City
Council
held
a
duly
advertised
public
hearing
to
solicit
comments
from
the
public,
both
for
and
against,
relative
to
the
Project;

WHEREAS,
on
February
17,
2026,
the
City
Council
reviewed
and
considered
the
agenda
report
for
the
proposed
Project,
including
the
attachments
to
the
report,
and
has
considered
other
evidence
presented
at
the
public
hearing;
and

WHEREAS,
the
plans
and
documents
for
the
Project
are
available
on
file
in
the
Development
Services
Department.

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:

This
project
is
exempt
from
the
California Environmental
Quality
Act
(CEQA)
pursuant
to
Section
15315
of
the
CEQA
Guidelines
as
a
minor
land
division
in
conformance
with
the
General
Plan
and
zoning,
no
variances
or
exceptions
are
required,
all
services
and
access
to
the
proposed
parcels
to
local
standards
are
available,
the
parcel
was
not
involved
in
a
division
of
a
larger
parcel
within
the
previous
two
years,
and
does
not
have
an
average
slope
greater
than
20 percent.

SECTION
3:

The
findings
in
accordance
with
Section
16 .10
. 050.

B
of
the
Poway
Municipal
Code
(PMC)
for
TPM
24-0003
are
as
follows:

A. B.
5 of
15 The
proposed
map
is
consistent
with
the
Poway
General
Plan
and
PRSP,
including
the
objectives,
policies,
general
land
uses
and
programs
specified
in
said
plans
.

The
design
or
improvement
of
the
proposed
subdivision
or
lot
division
is
consistent
with
the
Poway General
Plan
and
PRSP.

ATTACHMENT
A
February 17, 2026, Item #6
Resolution No. 26-

Page 2 ends

C. The site is physically suitable for the type of development.

D. The site is physically suitable for the proposed density of development.

E. The design of the lot division or the proposed improvements are consistent with the policy of the State legislature as stated in Chapter 1, commencing with Section 21000, of the State Public Resources Code, or will not likely cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

F. The design of the lot division or the type of improvements are not likely to cause serious public health problems.

G. The design of the lot division, or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed lot division.

SECTION 4: The findings in accordance with Government Code Section 66020 for public improvements are 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 all necessary services and facilities will be available to serve the project.

B. The construction of public improvements is needed as a result of the proposed development to protect the public health, safety and welfare as identified below:

1. Installation of three streetlights

2. Four Americans with Disabilities Act (ADA) compliant driveways

3. Bus shelter pad

4. One driveway closure (second one from the west limit of the project)

5. Landscape improvements along the frontage of the site (to be privately maintained).

C. In accordance with the Poway General Plan, the 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 5: The City Council hereby approves TPM 24-0003 as shown on the approved plans, on file with the Development Services Department 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 of the City's approval of this Project including, but not limited to, any action to attack, set aside, void, 6 of 15
February 17, 2026, Item #6
Resolution No. 26-

Page 3 ends

challenge, or annul the TPM approved by this Resolution (TPM 24-0003), or any other project development approval, implementing approvals or permits, and any environmental document or decision made pursuant to CEQA. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, Applicant shall pay all costs related thereto, including without limitation reasonable attorney' s fees and costs.

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

However, the Applicant shall not be required to pay or perform any settlement unless such settlement is approved by Applicant. Notwithstanding the foregoing, no indemnity shall be required for claims resulting from the exclusive gross negligence or willful misconduct of the City.

B. Within 30 days of the date of this approval, and before the issuance of any permit:

1. The Applicant shall submit in writing that all conditions of approval have been read and understood (Statement of Understanding [SOU]).

C. The developer is required to comply with the Poway Noise Ordinance (PMC Chapter 8.08) requirement which governs construction activity and noise levels.

D. This approval is based on the existing site conditions and proposed project details as 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.

E. Prior to approval of the final parcel map unless timing is indicated otherwise, the applicant shall comply with the following Conditions of Approval:
7 of 15
(Engineering Division)

1. 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.

2. The final parcel map, together with the supporting data and documentation, shall be submitted to the Engineering Division for review and approval. The appropriate map checking fee shall be paid by the applicant.

3. The final parcel 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.

4. Improvement plans prepared on a City of Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City project engineer, in accordance with the February 17, 2026, Item #6
8 of 15
Resolution No. 26-

Page 4 ends

submittal and content requirements listed in the Poway Municipal Code shall be approved. Submittal shall be made to the Department of Development Services Engineering Division for review and approval. The improvement design shall be 100% complete at the time of submittal and ready for approval. The applicant shall pay the improvement plan check fees according to the latest adopted master fee schedule.

The plan shall include, at a minimum, the following features along Poway Road:
a. Installation of three streetlights
b. Five Americans with Disabilities Act (ADA) compliant driveways c. Bus shelter pad
d. One driveway closure (second one from the west limit of the project) e. Landscape improvements along the frontage of the site (to be privately maintained).

5. 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 and completing the installation of the proposed public improvements prior to final parcel map approval.

6. A reciprocal access easement shall be shown on the final parcel map.

7. Trash enclosures shall comply with storm water regulations and follow adequate measures to prevent rainfall from contacting materials and carrying pollutants with it into the storm drain system

8. A Floodplain Development Permit (FOP) shall be obtained for any work within the limits of the FEMA regulatory floodplain or floodway. It will need to be processed concurrently with the improvement plan.

9. Prior to improvement plan approval, a Right-of-Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance.

10. 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.

11. A cash deposit to the City, in an amount equivalent to $100.00 per sheet of the parcel map, for the mylar reproduction of the recorded tract map shall be posted. If a mylar copy of the map is provided to the City within 3 months of its recordation or prior to building permit issuance, whichever comes first, the security shall then be returned. (See Poway Municipal Code Section 16.12.060 B for subdivider's responsibility to February 17, 2026, Item #6
9 of 15
provide a reproducible mylar copy to the City.)
Resolution No. 26-

Page 5 ends

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

13. The property owner shall execute an approved Storm Water Trash Facilities Maintenance Agreement (SWTFMA) for each newly created parcel accepting responsibility for all structural Best Management Practices (BMPs), perpetual maintenance, repair and replacement as outlined in the Operations and Maintenance Plan. The SWTFMA requires an easement granted to the City of Poway. The applicant shall submit 8.5 by 11-inch exhibits of the legal description, site plan, operations and maintenance plan, and easement plat and legal (if applicable) through the on line portal at the following link:
www.selfservice.poway.org/energov _prod/selfservice#/plan/apply/111 /0/0.

14. Stabilization of all disturbed areas, by means of completed landscaping, mulching, or other City approved method, is required.

15. Public improvements shall be installed and completed prior to approval of the final parcel map.

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

17. 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. All new utility services shall be placed underground.

18. 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.

19. After completion of all work, record drawings for the improvement plans, signed by the engineer of work, shall be submitted to Development Services for review. (Planning Division)

20. Development on the site must comply with the Poway Noise Ordinance, Chapter 8.08 PMC. Construction work is specifically regulated by PMC 8.08.100.

21. Trash enclosures shall be constructed on site to provide screening of all on-site trash bins using decorative block and solid gates that complement the architecture of the center to the satisfaction of the Director of Development Services. The trash enclosures shall be adequately sized to contain the following waste streams:
recyclables, organic waste, and trash by state, county or city regulations for commercial development. The trash enclosures shall also be sized to allow the City's exclusive franchise solid waste disposal company (EDCO) to adequately access the bins. The applicant shall contact EDCO to verify locations, correct bin sizes and trash enclosure size. The trash enclosure shall sufficiently screen all the bins and be consistent with the design of the development.

February 17, 2026, Item #6
10 of 15
Resolution No. 26-

Page 6 ends

22. The existing landscaping along the entire Poway Road frontage of Parcel 1 and 2 shall be enhanced and street trees provided to the satisfaction of the Director of Development Services. New landscaping and irrigation shall be provided along Poway Road in the new planter area created with the elimination of the existing driveways and also within a new planter strip to be created between the rear of the auto part store and easternmost driveway of Parcel 1.

23. Prior to the issuance of the Improvement Plans, the Applicant shall submit and receive approval of Landscape and Irrigation Plans for the new and existing landscape areas along Poway Road as noted above. The Landscape and Irrigation Plans must conform to the standards provided in the PMC 17.41 Landscape and Irrigation Efficiency, PMC

12.32 Urban Forestry, the Poway Landscape and Irrigation Design Manual, and other regulations as required.
a. The Landscape and Irrigation Plan submittal is a separate submittal from other project plan check submittals and is made directly to the Planning Division. Contact the Planning Division or the City website for all applicable City standards, the current Landscape and Irrigation Plan submittal checklist and the plan review fee worksheet. A deposit shall be made at the time of submittal to cover estimated cost of reviewing the landscape and irrigation plans and for subsequent inspections of the installation of the landscaping and irrigation. It is the subdivider's responsibility to augment the initial deposit as needed to cover the actual cost for the plan review and inspections of the landscaping and irrigation installation. b. The landscape plan shall show the construction details of the required trash enclosures.
c. The landscape plan shall call out existing chain-link fencing along the west property line of Parcel 2 to be refurbished with new decorative slats.

24. The landscape plans shall be approved, installed and inspected prior to final parcel map approval.

25. Prior to final parcel map approval, the Comprehensive Sign Program for Lively Center (CSP 78-14M) shall be modified to reflect the existence of 2 parcels, the current development on the site and clearly identify the sign standards for each building and/or business consistent with the City's current CSP standards in the PMC. The three existing monument signs may remain due to their legal non-conforming status. No additional monument signs may be permitted within the Lively Center.

26. All signs on buildings or free standing shall be inspected by the applicant and reviewed with Planning staff for compliance with the maintenance requirements as outlined in the City's Comprehensive Sign Regulations (PMC Section 17 .40.130). Non-compliant signs shall be repaired, painted or otherwise modified as needed to the satisfaction of the Director of Development Service.
(Building Division)

27. The development shall comply with the current addition of the California Building Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Residential Code, California Fire Code, California Energy Code and February 17, 2026, Item #6
Resolution No. 26-

Page 7 ends

California Green Code at time of submittal to the Building Division. All development shall comply with state structural calculations and seismic safety requirements. (Fire Department)

28. Fire apparatus access roads shall be a minimum 20 feet wide.

F. In connection with future development on the two parcels unless timing is indicated otherwise, the applicant shall comply with the following Conditions of Approval:
(Engineering)

29. After subdivision, both parcels will continue to be considered one project as defined by the San Diego Regional Water Quality Control Board. Any future improvements (on either parcel) adding and/or replacing impervious area may cause the project to be classified as a Priority Development Project as defined in the Poway BMPs Design Manual.
(Traffic Engineering)

30. Future development on these parcels will be subject to pedestrian and traffic improvements as described in the PRSP.
(Public Works)

31. All stormwater related assets are private and the responsibility of the property owner for maintenance and repairs.
(Planning)

32. Future tenants shall demonstrate compliance with parking requirements per the Off Street Parking standards in the PMC, including providing all parking on site.

G. On an ongoing basis, the property owner is responsible for the maintenance and upkeep of the property:
11 of 15

33. The parking areas and driveways shall be well maintained.

34. The owner or operator of the facilities shall routinely and regularly inspect the site to ensure compliance with the standards set forth in this Permit.

35. All landscape areas onsite and within the adjacE!nt public right-of-way shall be maintained in perpetuity in a healthy and thriving condition, free from weeds, trash, and debris. Trees shall be encouraged and allowed to retain a natural form. Pruning is restricted to maintaining the health of the trees and to protect the public safety.

Unnatural or excessive pruning, including topping or lopping, is prohibited.

36. Signs shall be kept in good condition in compliance with the City's Comprehensive Sign Regulations and shall comply with the Comprehensive Sign Program for the center.

February 17, 2026, Item #6
Resolution No. 26-

Page 8 ends

SECTION 6: The current project approval of TPM 24-0003 shall expire on February 17, 2028, at 5:00 p.m., unless a final parcel map has been approved; or a request for a time extension is submitted to the Development Services Department prior to the expiration and a time extension is subsequently granted by the City Council.

SECTION 7: The parties are hereby informed that the time within which judicial review of this extension must be sought is governed by Section 1094.6 of the California Code of Civil Procedure.

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 17th day of February, 2026 by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
12 of 15
February 17, 2026, Item #6
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CONN£C TOR PIP£

SCREEN TRASH
CAPTURE INSE:RT
(MOD/RED 4" HEIGHT)

PROPOSED ADA
COMPLIANT DRIYE:WAY
New Pt:m1e1
Arn~al
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PROPOSED SrREE:T UGHT (l'YP.) _ _ _ ,.:::::-····- =-- ....:... .. - PR0POSED- ,40A - - - - "'-._ PROPOSED ADA COl,/PUANT DRIYE:WAY-PROPOSED ADA ..,_____ _ ~- • c~ smci:, -COIJF'U~Rl .YE:W. - • • •. . . , ~ - J?" -~ -=---~~ ----- ---- . - ------;--4'- --- ---- c , 1, , < ..--:: a · PROPOSED IJ' X 6 ,.-- - - - -...,....;...-------CONCRETE BUS PAO

PROPOSED ADA
COMPLIANT ORIYE:WAY
CLOSE EXISTING DRIYE:WAY

AND REPLACE SIDEWALK
PB_OPOSED FRONT AGE__ /MPR_OVEMENTS
February 17, 2026, Item #7
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
February 17, 2026
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Services ~
Jazmin Sanchez, Assistant Planner
(858) 668-4658 or [email protected]

CITY COUNCIL
Conditional Use Permit 25-0001 and Development Review 25-0003, a Request to Construct a 950 Square-Foot Dutch Bros Coffee, with a Two-Lane Drive-Through, in the Automotive General Commercial Land Use District of the Poway Road Corridor Specific Plan, within the Existing Lowe's Home Improvement Parking Lot, Located at 13740 Poway Road, (APN 317-130-69-00); and Determine the Project is Categorically Exempt from the California Environmental Quality Act
Braden Bernards on behalf of Cole Valley Partners (Applicant) is requesting a Conditional Use Permit (CUP) 25-0001 and Development Review (DR) 25-0003, for the construction of a 950 square-foot Dutch Bros Coffee, with a two-lane drive-through proposed within the southwest corner parcel of the existing Lowe's parking lot in the Automotive General Commercial (AGC) land use district of the Poway Road Corridor Specific Plan (PRSP). Additionally, the project includes landscaping improvements and a new trash enclosure.

Recommended Action:

It is recommended the City Council take public input, close the public hearing, find and determine the project is categorically exempt from the California Environmental Quality Act (CEQA) and adopt the attached Resolution (Attachment A) approving CUP 25-0001 and DR 25-0003.

Discussion:

The Project was publicly noticed on January 22, 2026, for the February 3, 2026, regular City Council meeting, at which time it was continued to a date certain of February 17, 2026.

Background
In 2011, the City Council approved DR 10-009 for the redevelopment of a former automobile dealership site with a Lowe's Home Improvement store. This approval was subsequently modified in 2013 through DR 13-009. The project included construction of a 111,500 square foot building with an attached 27,700 square foot garden center within the AGC land use district of the PRSP. The entitlement included a Minor Conditional Use Permit (MCUP 10-008) to allow outdoor merchandise 1 of29
February 17, 2026, Item #7
display
within
parking
stalls
along
the
wes
tern
parking
aisle.

The

11.5 -acre
site
consists
of
three
separate
legal
parcels
, which
were
later
reconfigured
through
Boundary
Adjustment
(BA)
13-003
to
create
lots
on
the
southwest
and
southeast
corners
of
the
site.

Project
Analysis
The
project
site
is
proposed
to
be
located
on
a 0.75-acre
lot
at
13740
Poway
Road,
within
the
AGC
land
use
district
of
the
PRSP,
as
illustrated
in
the
attached
zoning/vicinity
map
(Attachment
B).

A
boundary
adjustment
(BA
25-0001)
has
been
prepared
to
reconfigure
the
lot
lines
to
accommodate
the project
,
reducing
the
size
of
the
lot
from

0.98 acres
to

0.75 acres.

The
project
site
is
surrounded
to
the
north
and
east
by
Lowe's
parking
lot
within
the
AGC
land
use
district
of
the
PRSP.

To
the
south
is
Poway
Road
and
to
the
west
is
Poway
Square
Shopp
ing
Center
within
the
Mixed-Use
(MU)
land
use
district
of
the
PRSP
.

The
Applicant
proposes
to
construct
a
new 950
square-foot
Dutch
Bros
Coffee
with
a two-lane
drive
through
to
accommodate
19 queued
vehicles.

A
separate
service
window
will
be
offered
for
walk-up
customers
and
mobile
orders
on
the
western
side
of
the
building.

The
drive-through
will
be
screened
by
existing
and
proposed
landscaping
along
Poway
Road,
between
the
right-of-way
and
the
drive

through
as
shown
in
Attachment
C.

In
accordance
with
Chapter

3.2 of
the
PRSP,
a
CUP
is
required
for
a
drive
-through
restaurant
within
the
AGC
land
use
district.

Additionally,
a
DR
is
required
for
any
new
commercial
project
pursuant
to
Poway
Municipal
Code
(PMC)
Section

17.52.020
. The
project
complies
with
the
development
standards
of
the
PRSP
as
shown
below
on
''Table
1 ".

Table
1 -
Development
Standards
Standard
•
'c
:

Required
Proj~ct
Request
Complies
Minimum
Front
Setback
15 feet

61.78 feet
Yes
M
inimum
Side
Setback
10 feet
lnterior/15
109.00
feet/57
.92
feet
Yes
feet
street
side
Minimum
Rear
Setback
20 feet
• 36.01
feet
Yes
-
I
--
-
M
~
imum
Height
2 stories,
35 feet
_
L
2j
feet
Yes
Maximum
Lot
Coverage
40%

3.6%
Yes
Minimum
Landscaped
Area
10%
of
net
I

22.5%
Yes
developable
site
Operations: The
proposed
Dutch
Bros
hours
of
operation
are
from
5:00
a.m.
to
11 :00
p.m.,
Monday
through
Sunday.

The
operation
includes
a
maximum
of
seven
employees
during
peak
hours.

The
project
site
can
accommodate
additional
vehicle
queuing
during
the
grand
opening,
or
peak
periods
with
directional
signage
and
staff
ensuring
vehic
les
line
up
along
the
western
parking
aisle.

Architecture/Landscaping
:

The
proposed
Dutch
Bros
Coffee
building
is
architecturally
compatible
with
the
existing
Lowe's
building
and
in
harmony
with
surrounding
similar
uses
. The
drive-through
will
be
screened
by
existing
and
proposed
landscaping
along
Poway
Road.

The
project
requires
the
removal
of
15 existing
trees
2 of
29 February 17, 2026, Item #7
throughout the site which will be replaced on a one-for-one basis with a tree of the same size as per PMC Section 12.32.170. Additionally, the north and west sides of the trash enclosure will be landscaped with vines.

Noise/Lighting:

The drive-through does not include loudspeakers, as all customer orders are taken in person. A noise study was conducted and concluded there will be no noise impacts to adjacent properties as the current ambient sound levels exceed noise generated from the project. While the noise study supports 24-hour operations would not result in impacts, Dutch Bros plans to operate 5:00 a.m. to 11 :OO p.m. Any changes to these hours would require a minor modification to the CUP after demonstrating successful operation within established hours. In addition, lighting will be shielded and directed downward. A photometric study was prepared to demonstrate there will be no light spillage onto adjacent parcels. The technical studies can be found at Poway.erg/planning.

Traffic/Parking/Signage:

Pursuant to PMC Section 17.42.030, the project is required to provide one parking stall for every seven seats, plus one stall for each employee. The proposed project requires seven parking stalls since it does not include indoor or outdoor seating and will have a maximum of seven employees on site during peak hours. The overall project site contains 526 available on-site parking stalls. 62 stalls are dedicated to outdoor merchandise and shopping cart returns (MCUP 10-008). The project would remove 37 standard parking stalls, leaving an overall count of 427 parking stalls, which is adequate for the existing and proposed uses.

A Traffic Memorandum was prepared and concluded the project will not generate a significant impact on Poway Road. The project includes a two-lane drive-through layout designed to accommodate up to 19 vehicles in the queue. Proposed signage includes wall signs, menu boards, drive-through signs and directional signs for efficient on-site circulation, including during peak periods such as opening day. The project also provides an enhanced crosswalk with colored pavers in accordance with PRSP standards, along with Americans with Disabilities Act (ADA) compliant access from the public right-of way.

Neighborhood Meeting
A neighborhood meeting was held on September 15, 2025, to share details about the proposed project. Notices were mailed to property owners and occupants within 500 feet of the project area.

One member of the public attended the meeting. This individual expressed concerns about potential long wait times at the traffic signal but was generally supportive. A written comment was received regarding potential noise impacts generated from the drive-through. The noise and traffic studies demonstrate the project does not result in impacts.

Environmental Review:

This project is categorically exempt from the CEQA as a Class 3 Categorical Exemption, pursuant to Section 15303(C) of the CEQA Guidelines, in that the project involves construction of a drive-through coffee shop not exceeding 2,500 square feet. Additionally, none of the exceptions for the use of a categorical exemption per CEQA Guidelines Section 15300.2 apply. The project site is in an urbanized area, not within a scenic highway corridor and not located on a hazardous materials site. The cumulative impacts have been analyzed, and it does not present unusual circumstances that would 3 of 29
February 17, 2026, Item #7
result in significant environmental effects.

Fiscal Impact:

The proposed 950 square-foot freestanding drive-through Dutch Bros Coffee would generate a positive fiscal impact to the City of Poway through new sales tax revenues and associated business tax receipts. Revenues would come into the City's General Fund (F1000).

Public Notification:

A Notice of Public Hearing was published in the Poway News Chieftain onJanuary 22, 2026, and mailed to property owners and occupants within 500 feet of each parcel. A notice of pending application sign was posted at the Project site. Furthermore, all contacts on the City's interested party list were provided with public notice. The Project was publicly noticed for the February 3, 2026, regular City Council meeting at which time it was continued to a date certain of February 17, 2026.

Attachments:

A. Resolution
B. Zoning/Vicinity Map
C. Plan Set
Reviewed/Approved By:

Assistant City Manager
4 of 29
Reviewed By:

Alan Fenstermacher
City Attorney
Chris Hazeltine
City Manager
February 17, 2026, Item #7
RESOLUTION NO. 26-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT 25-0001 AND DEVELOPMENT REVIEW 25-0003 FOR

THE CONSTRUCTION OF A DUTCH BROS COFFEE WITH A
DRIVE-THROUGH LOCATED AT 13740 POWAY ROAD;
ASSESSOR PARCEL NUMBER 317-130-69-00
WHEREAS, Conditional Use Permit (CUP) 25-0001, and Development Review (DR) 25- 0003 were submitted by Braden Bernards, Applicant, for a proposal for the construction of a 950 square-foot Dutch Bros Coffee, with a two-lane drive-through located within the southwest corner parcel of the existing Lowe's parking lot in the Automotive General Commercial (AGC) land use district of the Poway Road Corridor Specific Plan (PRSP); WHEREAS, this was publicly noticed on January 22, 2026 for the February 3, 2026 regular City Council meeting, at which time it was continued to a date certain of February 17, 2026; WHEREAS, on February 17, 2026, the City Council held a duly advertised public meeting to solicit comments from the public, both for and against, relative to this application; and WHEREAS, the City Council has read and considered the agenda report for the proposed Conditional Use Permit request and has considered other evidence presented at the public meeting.

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

SECTION 1: This project is categorically exempt from the California Environmental Quality Act (CEQA) as a Class 3 Categorical Exemption, pursuant to Section 15303(C) of the CEQA Guidelines, in that the project involves construction of a drive-through coffee shop not exceeding 2,500 square feet. Additionally, staff has reviewed the project in accordance with CEQA Guidelines Section 15300.2 and determined that none of the exceptions for the use of a categorical exemption apply. The project site is in an urbanized area, not within a scenic highway corridor and not located on a hazardous materials site. The cumulative impacts have been analyzed, and it does not present unusual circumstances that would result in significant environmental effects.

SECTION 2: The findings, in accordance with Section 17.48.070 of the PMC, to approve CUP 25-0001, are made as follows:

A.
5 of 29
That the proposed location size, design and operating characteristics of the proposed use is in accord with the title and purpose of this title, the purpose of the zone in which the site is located, the City general plan and the development policies and standards of the City; The location, size, design, and operating characteristics of the proposed use are in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use Permit Regulations), the General Plan, and the development policies and standards of the City, including the PRSP, in that a drive-through is allowed on a property with the AGC land use district in the PRSP with approval of a CUP, and will otherwise comply with all of the relevant codes and standards of the City of Poway.

ATTACHMENT A
February 17, 2026, Item #7
Resolution
No
. 26-
Page
2 B.

That
the
location,
size,
design
and
operating
characteristics
of
the
proposed
use
will
be
compatible
with
and
will
not
adversely
affect
or
be
materially
detrimental
to
adjacent
uses
,
residents,
buildings
,
structures
or
natural
resources;
The
location
,
size,
design,
and
operating
characteristics
of
the
proposed
use
will
be
compatible
with
and
will
not
adversely
affect
or
be
materially
detrimental
to
adjacent
uses
in
that
noise,
lighting
and
traffic
impacts
were
evaluated
and
there
are
no
anticipated
impacts.

That
the
harmony
in
scale
, bulk
, coverage
and
density
is
consistent
with
adjacent
uses
;
The
proposed
use
is
in
harmony
with
the
scale,
bulk,
coverage,
and
density
of,
and
is
consistent
with,
adjacent
uses
in
that
the
project
involves
the
development
of
a
site
which
was
previously
planned
for
the
construction
of
a
drive-through
restaurant.

The
architecture
and
size
of
the
project
is
compatible
to
the
Lowe's
Home
Improvement
building.

That
there
are
public
facilities,
services
and
utilities
available;
There
are
adequate
public
facilities,
services
, and
utilities
available
at
the
project
site
to
serve
the
proposed
use
.

That
there
will not
be
a
harmful
effect
upon
desirable
neighborhood
characteristics;
There
will
not
be
a
harmful
effect
upon
desirable
characteristics
in
that
the
project
has
been
designed
to
be
consistent
with
the
drive-through
guidelines
contained
in
the
PRSP.

That
the
generation
of
traffic
will
not
adversely
impact
the
capacity
and
physical
character
of
surrounding
streets
and/or
the
circulation
element
of
the
general
plan;
The
establishment
of
a drive-through
coffee
shop
will
not
adversely
impact
on
the
capacity
and
physical
character
of
the
surrounding
streets
and/or
the
Transportation
Element
of
the
General
Plan
in
that
the
project
has
been
designed
to
handle
the
queueing
of
vehicles
in
the
proposed
drive-through
lane
and
will
not
impact
traffic
flow
of
Poway
Road.

G
.

That
the
site
is suitable
for
the
type
and
intensity
of
use
or
development
which
is
proposed
;
The
site
is
suitable
for
the
type
and
intensity
of
use
or
development
that
is
proposed
in
that
the
proposed
project
has
been
designed
to
handle
onsite
drive-through
traffic
.

Additionally,
parking
for
the
use
will
be
accommodated
onsite.

That
there
will
not
be
significant
harmful
effects
upon
environmental
quality
and
natural
resources;
There
will
not
be
significant
harmful
effects
upon
the
environmental
quality
and
natural
resources
in
that
the
site
is
part
of
an
existing
fully
developed
commercial
center.

That
there
are
no
other
relevant
negative
impacts
of
the
proposed
use
that
cannot
be
mitigated;
Based
on
noise
, traffic
and
lighting
studies,
there
are
no
relevant
negative
impacts
of
the
proposed
use.

That
the impacts,
as
described
in
subsections
A
through
I of
this
section,
and
the
proposed
location,
size,
design
and
operating
characteristics
of
the
proposed
use
and
the
conditions
under
which
it
would
be
operated
or
maintained
will
not
be
detrimental
to
the
public
health,
safety
or
welfare,
or
materially
injurious
to
properties
or
improvements
in
the
vicinity
nor
be
contrary
to
the
adopted
general
plan
; A
drive-through
is
allowed
in
the
AGC
land
use
district
of
the
PRSP
with
the
approval
of
a
CUP
. Therefore,
the
impacts
, as
described
in
subsections
A
through
I of
this
Section,
and
the
proposed
location,
size,
design,
and
operating
characteristics
of
the
proposed
use
and
the
conditions
under
which
it would
be
operated
or maintained
will
not
be
detrimental
to
the
public
health
, safety
or
welfare,
or
materially
injurious
to
properties
in
the
vicinity,
nor
be
contrary
to
the
adopted
General
6 of
29 February 17, 2026, Item #7
Plan
.

Resolution
No
. 26-
Page
3 K.

That
the
proposed
conditional
use
will
comply
with
each
of
the
applicable
provisions
of
this
title,
except
for
approved
variances.

The
proposed
conditional
use
will
comply
with
each
of
the
applicable
provisions
of
PMC
Title
17 (Zoning
Ordinance),
in
that
the
proposed
use
is
a
conditionally
permitted
use
and
has
been
designed
such
that
it will
not
result
in
significant
traffic
or
other
environmental
impacts.

SECTION
3: The
findings
for
DR
25-0003,
in
accordance
with
the
PMC

17.52 .010
Purpose
of
Development
Review,
are
made
as
follows
:

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

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

The
stucco
exteriors,
rock
columns,
and
accents
will
feature
earth
tone
colors
which
are
consistent
with
the
Poway
General
Plan
and
the
PRSP.

Therefore,
the
project
respects
and
recognizes
the
interdependence
of
land
values
and
aesthetics
to
the
benefit
of
the
City.

The
project
has
been
designed
to
minimize
impacts
on
surrounding
development
by
utilizing
a
compatible
architectural
design
consistent
with
the
PRSP.

The
project
has
been
designed
to
minimize
impacts
on
surrounding
development
by
utilizing
an
architectural
design
that
is
substantially
consistent
with
the
PRSP
and
will
be
compatible
with
surrounding
commercial
center
development.

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.

The
granting
of
the
DR
would not
be
materially
detrimental
to
the
public
health,
safety
or
welfare
within
the
community
. The
granting
of
the
DR
would
not
be
materially
detrimental
to
the
public
health,
safety
or
welfare
within
the
community
since
the
proposed
redevelopment
project
will
complete
improvements
necessary
for
the
proposed
drive
through
restaurant.

The
design
and
improvements
of
the
proposed
development
are
substantially
consistent
with
all
elements
of
the
Poway
General
Plan
and
the
PRSP.

SECTION
4:

The
City
Council
hereby
approves
CUP
25-0001
and
DR
25-0003
as
shown
on
the
approved
plans
dated
February
17,
2026,
on
file
with
the
City,
except
as
noted
herein
and
subject
to
the
following
conditions:
7 of
29 (General) 1.

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
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
(including
but
not
limited
to
CUP
25-0001
and
DR
25-0003)
and
any
environmental
document
or
decision
made
February 17, 2026, Item #7
8 of 29
Resolution No. 26-

Page 4 ends

pursuant to CEQA. The City may elect to conduct its own defense, participate in its own defense or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation-related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. Notwithstanding the foregoing, no indemnity shall be required for claims resulting from the exclusive gross negligence or willful misconduct of the City.

2. Approval of this CUP and DR request shall apply only to the subject project and shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Building Permit issuance. This CUP/DR approval shall be in substantial conformance with the approved plans, with minor modifications permitted by the Development Services Director.

3. The developer is required to comply with the Poway Noise Ordinance (PMC Chapter 8.08) requirements that govern construction activity and noise levels.

4. The conditions of CUP 25-0001 and DR 25-0003 shall remain in effect for the life of the subject use and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner.

5. CUP 25-0001 and DR 25-0003 may be subject to annual review, as determined by the Director of Development Services, for compliance with the conditions of approval and to address unresolved operational concerns that may have been raised during the prior year. (Engineering)
Prior to issuance of a Grading Permit:

6. Submit a precise grading plan for the development of the lot prepared on a City of Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City project engineer. The plans shall use vertical datum NAVD88. Please be aware that all elevations in the Poway Benchmark list are datum NGVD 29 and will need to be converted. Submittal shall be made to the Department of Development Services Engineering Division for review and approval. The grading design shall be 100% complete at the time of submittal, ready for approval and issuance of permit. Incomplete submittals will not be accepted. All technical studies as required by Chapter 16 of the 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.

7. The grading plan shall show a sewer lateral to serve the proposed site. The existing lateral shall be cleaned and repaired by applicant as necessary for use, including the installation of a property line cleanout if one does not exist per the City's requirement. If the applicant and City determine the lateral cannot be used, a new lateral shall be installed per City requirements. A Right-of-Way Permit will be required for a new lateral installation.

8. 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.

February 17, 2026, Item #7
9 of 29
Resolution No. 26-

Page 5 ends

9. The applicant must show upgrades to all driveways serving the property to be Americans with Disabilities Act (ADA) compliant. Applicant must be approved for Right-of-Way permit prior to start of construction.

10. 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.

11. 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.

Once the final SWQMP is approved;
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 Poway Municipal Code.

12. Grading securities shall be posted with the City prior to grading plan approval per section

16.46.080 of the Poway Municipal Code. A minimum cash security of $2,000 is required in all instances.

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

14. Any existing and proposed public easements shall be depicted on the grading plans. The proposed public easement dedications shall be submitted prior to grading permit issuance.

15. Any private improvements within any publicly held easement or right-of-way 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.

16. 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
www.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.

17. Prior to start of any work within a City-held easement or right-of-way, a Right-of-Way February 17, 2026, Item #7
Resolution No. 26-

Page 6 ends

Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance.

18. 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.

Prior to issuance of a Building Permit:

19. Prior to the submittal of a Building Permit application, the applicant shall obtain approval of a Grading Permit.

20. 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.

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

21. 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.

22. 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.

23. If one does not already exist, the property owner shall execute an approved Storm Water Trash Facilities Maintenance Agreement (SWTFMA) accepting responsibility for all structural Best Management Practices (BMPs), perpetual maintenance, repair and replacement as outlined in the Operations and Maintenance Plan. The SWTFMA requires an easement granted to the City of Poway. The applicant shall submit 8.5 by 11-inch exhibits of the legal description, site plan, operations and maintenance plan, and easement plat and legal (if applicable) to the project engineer for approval.

24. The applicant shall pay all applicable development impact fees according to the latest adopted master fee schedule at time of permit issuance.

25. Landscape and irrigation on-site and within the right-of-way fronting the property shall be provided in accordance with the SPSP and the Poway Landscape and Irrigation Design Manual. Plans shall be submitted, and a minimum of one staff review shall be completed prior to issuance of a grading permit and/or improvement plan. The landscape and irrigation plans shall demonstrate compliance with the City of Poway Landscape and Irrigation Design Manual, PMC Chapter 17.41, and all other applicable standards in effect 10 of 29
February 17, 2026, Item #7
Resolution
No
. 26-
Page
7 at
the
time
of
landscape
and
irrigation
plan
check
submittal.

The
landscape
and
irrigation
plan
submittal
is
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
City
standards,
the
landscape
and
irrigation
plan
submittal
checklist
and
the
plan
review
fee
worksheet.

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

Prior
to
issuance
of
a
Certificate
of
Occupancy
:

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

27. If
one
does
not
already
exist,
the
applicant
shall
install
approved
trash
treatment
devices
per
the
Storm
Water
Trash
Facilities
Maintenance
Agreement
to
the
satisfaction
of
the
Engineering
Inspector.
28 . All
applicable
easement
dedications
and
maintenance
agreements
are
to
be
recorded
prior
to
occupancy.

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

30. 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.

31. 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.
32 . An
adequate
drainage
system
around
the
new
building
pad
capable
of
handling
and
disposing
all
surface
water
shall
be
provided
to
the
satisfaction
of
the
Engineering
Inspector.

33. 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.

34. After
completion
of
all
work,
record
drawings,
signed
by
the
engineer
of
work,
shall
be
submitted
to
Development
Services
for
review
prior
to
a request
of
occupancy,
per
Section

16.52 .130B
of
the
Grading
Ordinance.

Approval
of
record
drawings
is
required
prior
to
issuance
of
occupancy
and
release
of
grading
securities.

Initial
submittal
of
record
drawings
at
least
three
weeks
prior
to
a
request
for
occupancy
is
recommended.
(Planning) Prior
to
Certificate
of
Occupancy:

35. Prior
to
Certificate
of
Occupancy,
the
Applicant
shall
apply
to
obtain
a
Business
Certificate
through
the
Customer
Services
Department
of
the
City
of
Poway.

Prior
to
a
business
Certificate,
the
Applicant
shall
comply
with
the
following:
11 of
29 a.

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

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

February 17, 2026, Item #7
Resolution No. 26-

Page 8 ends

b. Any signs proposed for the coffee shop and drive-through shall be designed in accordance with the Sign Ordinance. The necessary Sign Permit(s) and Building Permit(s) approvals for signage shall be obtained prior to installation.

36. A Tree Removal Permit shall be obtained prior to the removal of all existing trees. A separate permit is required for trees within the public right-of-way. The removal of both public and private trees shall conform to Chapter 12.32 (Urban Forestry) Articles II and Ill of the PMC. If the trees are proposed to be removed during the recognized nesting season for birds (February 15 through August 15), a nesting bird survey shall be conducted by a qualified orinologist /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.

37. Landscaping and irrigation on-site shall be installed per the approved landscape plans prior to the Certificate of Occupancy.

38. A minimum of one 15-gallon tree, per City specification, shall be provided for every three parking spaces except for parking spaces adjacent to the east side of the proposed building. Tree wells may be used to satisfy the parking lot tree planting requirement. Said trees shall be located to provide shade cover for the vehicles where practical.

39. The ratio of 15-gallon trees to 24-inch boxed trees or larger shall be four to one (4:1).

40. The landscape plan shall incorporate any replacement trees required by approved Tree Removal Permits.

41. The plans shall include additional shrubs to provide screening of the drive-through as seen from adjacent public streets. All shrubs that provide screening of the drive-through shall be trimmed to a height no lower than four feet.

42. Vines shall be planted and maintained on the trash enclosures north and west walls.

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

44. Prior to Certificate of Occupancy, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Development Services.

Operations:

45. The drive-through shall operate only between the hours of 5:00 a.m. and 11 :00 p.m., and a minor modification (administrative) to the CUP is required to adjust operating hours.

46. Signs shown in the approved plans shall be approved under a separate Sign Permit. No other signs are permitted unless approved through a Temporary Sign permit.

47. All parking shall be provided on site per PMC 17.42.010(8). 12 of 29
February 17, 2026, Item #7

48. Pop-up tents or other temporary shade structures are prohibited.

Resolution No. 26-

Page 9 ends

49. All roof appurtenances, including air conditioners, shall be architecturally integrated, screened from view, and sound-buffered from adjacent properties and streets.

50. Exterior building materials and finishes shall reflect the approved elevations on file in the Development Services Department and the conditions contained herein.

51. The site plan shall show that all parking stalls are to be double striped.

52. The drive-through lanes shall be constructed as shown on the approved plans and shall maintain adequate stacking capacity to prevent vehicle queuing onto public rights-of-way or commercial center main drive aisle.

53. The "Do Not Block Keep Clear" striping as shown on the approved plans shall be installed prior to Certificate of Occupancy. Annual restriping is required.

54. A minor modification to the CUP shall be obtained prior to any addition of outdoor seating and shall comply with Health requirements for public restroom accessibly.

55. Drive-through ordering speakers are prohibited unless an updated noise study is provided and a minor modification to the CUP is approved by the Development Services Director.

56. The site shall be kept free of debris, and construction staging shall not encroach into the public right-of-way without authorization.

57. Deliveries are prohibited between the hours of 10:00 p.m. to 7:00 a.m. Delivered materials shall be promptly stored entirely within the drive-through tenant space. No equipment or materials shall be permitted to remain outdoors at any time.

58. All lighting fixtures shall be maintained such that they reflect light downward, away from any road or street, and away from any adjoining premises.

59. All landscaping, including areas within the adjacent public right-of-way, shall be adequately irrigated, and permanently and fully maintained by the owner at all times in accordance with the requirements of the City of Poway Landscape and Irrigation Design Manual. The 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.
(Public Works)

60. Ensure the proposed Grease Trap/Interceptor (GRE) is professionally engineered, installed, utilized and maintained. Submitted plans should reference correct size, type, location of installation, and all applicable tie-ins. Schedule a site inspection before the first day of business at (858) 668-4735.
13 of 29
February 17, 2026, Item #7
Resolution
No.
26-
Page
10 61
. The
two
water
services
should
have
their
own
separate
water
connection
. Install
two
1"
copper
water
service
for
the
3/4
" irrigation
meter
and
1"
domestic
meter.
(Traffic) 62.

A
Traffic
Management
Plan
(TMP)
reflecting
the
different
phases
and
queuing
for
the
site
shall
be
submitted
and
approved
to
the
satisfaction
of
the
City
Engineer
prior
to
Building
Permit
issuance
. The
site
shall
be
continuously
monitored
and
the
TMP
shall
be
activated
prior
to
any
queueing
extending
to
the
commercial
center
main
drive
aisle
.
(Fire) 63
. This
project
site
shall
comply
with
all
applicable
local
and
state
codes
including
the
Poway
Municipal
Code,
California
Fire
Code,
California
Building
Code,
California
Plumbing
Code,
California
Electrical
Code,
California
Mechanical
Code,
and
applicable
NFPA
Standards.

64. This
project
site
shall
be
equipped
with
fire
apparatus
access
road(s)
and
shall
be
maintained
20-feet
unobstructed
width
with
a
minimum
13'
6"
vertical
clearance
and
designated
as
fire
lanes
with
the
language
"NO

PARKING-FIRE
LANE"
marked
on
the
top
side
of
the
curbs
in
white
lettering
every
25ft
.
65 . This
project
site
shall
be
equipped
with
the
approved
fire
apparatus
access
roadway(s)
for
fire
protection
as
soon
as
combustible
material
arrives
on
site.

66. This
project
site
shall
be
provided
with
a
fire
hydrant
within
400
feet
of
travel
distance.

If
a
fire
hydrant
is
not
available,
then
one
shall
need
to
be
provided
with
the
cost
of
the
installation
to
the
project
owner.
67 . This
project
site
shall
be
equipped
with
an
approved
fire
hydrant
for
fire
protection
as
soon
as
combustible
material
arrives
on
site.

Fire
extinguishers
shall
be
visible
and
accessible
at
all
times
.
68 . This
project
site
shall
be
equipped
with
address
numbers
placed
at
an
approved
location
.

Location
shall
be
plainly
visible
and
legible
from
the
roadway
fronting
the
property
from
either
direction
of
approach.

Address
numbers
shall
contrast
with
their
background
and
meet
code
for
required
size
and
stroke
.

69. This
project
site
shall
be
equipped
with
the
appropriate
fire
extinguishers
meeting
California
Fire
Code
regulations.
70 . This
project
site
shall
be
equipped
with
emergency
exit
lighting
and
illuminated
exit
signage
meeting
California
Fire
Code
regulations
. Exits
shall
remain
clear
at
all
times.

71. This
project
site
electrical
room(s)
shall
be
identified
by
signage
and
maintained
free
of
any
combustible
storage.
72 . Extension
cords
shall
not
be
used
as
permanent
power
source.

73. If
a
liquid
cryogenic
CO2
cylinder
is
to
be
utilized
for
the
operation,
then
a
fire
department
permit
shall
be
required
.

74. If any
cooking
or
heating
of
food produces
grease
laden
vapors,
then
a commercial
kitchen
hood
and
fire
suppression
system
will
be
required.

Permitting
of
said
system
is
required
14 of
29 February 17, 2026, Item #7
directly from the fire department.
(Building)
Resolution No. 26-

Page 11 ends

75. Applicable 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.

76. The development shall comply with the 2025 California Building Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Fire Code, California Energy Code and California Green Code at time of submittal to the Building Division. All development shall comply with state structural calculations and seismic safety requirements.

SECTION 5: The approval of CUP 25-0001 and DR 25-0003 shall expire on February 17, 2028, at 5:00 p.m., unless, prior to that time, a Building Permit has been issued and construction on the property in reliance on the CUP/DR approval has commenced prior to its expiration.

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

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 17th day of February, 2026 by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
15 of 29
February 17, 2026, Item #7
16 of 29
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February 17, 2026, Item #8
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AG EN DA REPORT City of Poway
February 17, 2026
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Servic~
Kevin Parker, AICP, Senior Planner
(858) 668-4656 or [email protected]

CITY COUNCIL
Development Review 25-0002 and Tentative Tract Map 25-0002, a Request to Construct 47 Townhomes and Three Ground-Floor Commercial Spaces within the Town Center Land Use District of the Poway Road Corridor Specific Plan Located at 13044 and 13056 Poway Road (APNs 317-101-04 and 317-101-05); and Determine the Project is Categorically Exempt from the California Environmental Quality Act lntracorp Homes (Applicant) is requesting Development Review (DR) 25-0002 and Tentative Tract Map (TTM) 25-0002 for the construction of 47 townhomes, three ground-floor commercial spaces, associated onsite improvements, a condominium map, and a lot-consolidation of two vacant commercial parcels that have a combined total of 2.26 acres (Project). The Project requires demolition of a 5,000 square foot commercial retail building and a 2,266 square foot single-family home. The applicant is requesting the Tier 1 height incentive of three-stories and 38 feet through a qualifying lot consolidation in accordance with Table 3-4 of the PRSP. The Project site is within the Town Center (TC) land use district of the Poway Road Corridor Specific Plan (PRSP).

Recommended Action:

It is recommended the City Council take public input, close the public hearing, find and determine the Project is categorically exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15332 (Class 32: In-Fill Development Projects) and adopt the attached Resolution (Attachment A) approving DR 25-0002 and TTM 25-0002.

Discussion:

Background
The Project site is located along the north side of Poway Road between Carriage Heights Way and Tarascan Drive, within the TC land use district of the PRSP, as illustrated in the attached zoning/vicinity map (Attachment B). The 13044 Poway Road site was developed in 1943 with a commercial building, and the adjacent 13056 Poway Road site was developed in 1957 with a single-family house. Both parcels are relatively flat and include asphalt parking lots, with former operations as commercial rental facilities, which are now vacant. Table 1 below generally describes the land uses surrounding the Project site:
1 of 53
February 17, 2026, Item #8
North
East
South
West
Table 1 -Surrounding Land Uses
Besidenti~ Single-Fami!y-7
Town Center-PRSP
Town Center-PRSP
SinglE:_-Family Residential
Apoll~Apartmen!,s
Commercial Office/
Personal Services
---
Town Center-PRSP I Vacant Commercial Retail 1
In recent years, the State legislature has enacted several new housing laws designed to encourage housing production. Government Code 65589.5 (the Housing Accountability Act) states a local agency cannot reject, reduce the permitted density or make infeasible housing without a thorough analysis of the economic, social and environmental effects of the action and without making written findings based on the prepondera nee of the evidence in the record that either 1) the project as proposed would have a specific, adverse impact on the public health or safety and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development infeasible, or 2) the project is inconsistent with both the jurisdiction's zoning ordinance and general plan land use designation as it existed on the date the application was deemed complete. In other words, if a residential project complies with the project site's applicable General Plan, Specific Plan and zoning requirements, it cannot be denied absent a finding that it would result in a specific, adverse impact on public health or safety and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development infeasible.

Project Analysis
The applicant is requesting a DR and TTM to develop 47 individual for-sale, three-story townhomes, which includes a lot-consolidation of two vacant commercial parcels that have a combined total of

2.26 acres. The Project consists of ten buildings, of which seven buildings contain a row of five townhome units, and three buildings contain a row of four townhome units. 45 townhomes have three bedrooms, and two townhomes have two bedrooms. 46 of the town homes have ground floor two-car garages and one town home contains a one-car garage. The Project provides 11 different floor plans as shown in the attached plan set (Attachment C). In addition, the project includes three individual for-sale ground floor commercial units along Poway Road, that are approximately 469 square feet in size each. The proposed site plan includes two streetside courtyards, at-grade parking, exterior landscaping, and four landscaped common areas that separate eight of the buildings. The Project is required to install onsite biofiltration devices and connect to City's storm drain system.

The Project requires the demolition of existing structures and the removal of 16 mature trees. A historic assessment memorandum, dated May 13, 2025, found the existing structures do not reveal any evidence in support of historic significance. DR approval from the City Council is required for all multi-family residential projects pursuant to Poway Municipal Code (PM() Section 17.52.020. The proposed project includes a qualifying lot-consolidation and a condo map to subdivide 47 individual for-sale, three-story town homes with a TTM. According to Table 3-1 of the PRSP, the project's land use (residential multi-family dwellings) is permitted by right.

Development Standards
The Project's compliance with the TC land use district development standards of the PRSP are outlined below in Table 2:
2 of 53
February 17, 2026, Item #8
Table 2 -Town Center Development Standards
Development Standard Required •, . 'Proposed : :conforms Maximum Density : 24 dwelling units/acre 22.8 dwelling units/acre I
Yes
I I 47 units/2.06 net acres I
i----------
Minimum Setbacks:
' Front (Ground floor residential) 10 feet 10 feet Yes
Front (Ground floor commercial) 5 feet 7 feet 2 inches Yes Rear (Adjacent SF-residential) 15 feet 39 feet Yes
Interior side (Ground floor
I
10 feet 1 0 feet Yes
residential) I.

Maximum Height with PRSP Teir 1 3-stories/38 feet 3-stories/37' 9" Yes Height Bonus Incentive
Maxi mu~ L~ Are~Coverage 65% 41.2% Yes
--
Minimum Landscaped Area 10% of net 89,734 SF 19.6% Yes
(Requi!ed setb_§Kks excluded) of lot= 8,973 SF 17,674 SF --- The Project site is shown as site 12 and 13 in the City's Residential Sites Inventory list (Table 4.5 of the City's Housing Element) with a potential to accommodate 50 affordable units (18 Low; 32 Very Low).

The applicant is required to pay the full cost of identifying a replacement site or sites for the units and updating the Residential Sites Inventory list within 180 days in accordance with state law.

Building Height
Two-stories and 35 feet in building height are allowed by right in the TC land use district in accordance with Table 3-2 of the PRSP. However, with a qualifying lot consolidation, the Project is eligible for the PRSP Tier 1 height incentive of three-stories and 38 feet as shown in Table 3-4 of the PRSP. The PMC defines the building height to be measured from the average grade of all four corners of a building.

Using this definition, the ten buildings range in height from 36' 7" to 37' 9", under the 38' maximum.

Street Frontage
The Project includes an active, pedestrian friendly street frontage with a central driveway, colored pavers, street trees, outdoor seating areas, street furniture, umbrellas, patio covers and several breaks of plane in building massing through the integration of two public courtyards. The eastern courtyard is approximately 671 square feet, and the western courtyard is approximately 732 square feet. The front property line is located nine-feet north of the face of the curb along Poway Road.

Ground floor residential requires a 10-foot minimum front setback, while ground floor commercial requires a front setback of between five-feet and ten-feet from the front property line. The Project proposes the ground floor residential 10-feet north of the property line and the ground floor commercial component at its closest point is 7' 2" north of the property line. Furthermore, the ground floor residential behind the eastern courtyard is setback 21' 7", and 23' 7" behind the western courtyard. The courtyards serve to break up the massing of the buildings along Poway Road, activating the Project frontage and opening the area to light. The proposed Project's fai;ade is articulated through regular changes in plane at intervals of no more than 21 feet, contributing to pedestrian-scale massing. The Project's front setback area is shown below in Figure 1:

Figure 1-Front Setback Area {Poway Road)
3 of 53
February 17, 2026, Item #8
The adjacent three-story Apollo Apartments to the east consist of 3-story buildings setback five-feet from the front property line through the utilization of a California density bonus waiver for the inclusion of affordable units. In contrast, the proposed Project buildings have an average front setback of 12' 5", with 25% of the frontage observing at least a 21-foot setback and the balance of the frontage observing at least a 7-foot setback.

PRSP Commercial Frontage Requirements
One of the goals of the PRSP is to activate the street frontage within the TC land use district through active retail storefronts and walk-in commercial uses. The applicant has agreed to complete buildings with commercial spaces during the first phase of the Project and is furthermore conditioned to require improvement of those spaces, including the installation of grease interceptors for two of the commercial spaces to facilitate tenancy by food-related businesses. The applicant has agreed to a strong marketing approach to sell the three-ground floor commercial units to businesses as outlined in their commercial tenant occupancy plan (Attachment D). The applicant has also agreed to host a community event once a month until all three commercial spaces are occupied, with quarterly updates provided to City Staff regarding status and marketing efforts.

The TC land use district requires a minimum of 75 percent of the ground floor space along any block face of Poway Road to consist of active commercial uses. The Project provides 80 percent, which includes the commercially supportive courtyards as shown below in Table 4:

Table 4 -Commercial Ground Floor Block Face Percentages Eastern Street Fron~ Building
W_E:stern Street F_ront Building
Total
Architecture
105'
104'
209'
1S)5'_(Includ_es 49' Courtyard)
6_3' ilncluj~s 30' Courtya~d)
168'
100

60.5 80.3
The Project consists of three-story town homes with a Spanish Colonial Revival architectural theme, integrated street facing ground floor commercial, ornamental wrought iron balconies, arched entries, and tile roof tops. The architecture provides changes in plane with the implementation of recesses, projections, and roof overhangs. The color palette is compatible with brown and beige earth tones, with articulation to provide visual relief. The proposed Project rendering is shown below in Figure 2:

Figure 2-Project Rendering
4 of 53
February 17, 2026, Item #8
Adjacent
Single-Family
Residential
Screening
(Rear
Property
Line)
Section

4.7(8)
of
the
PRSP
requires
a
minimum
six-foot-high
buffer
wall
where
parking
areas
are
adjacent
to
a
single-family
residential
zoning
district.

The
proposed
project
includes
1 0
parallel
parking
spaces
located
along
the
rear
(north)
property
line,
which
abuts
upslope,
elevated
single
family
residences.

In
compliance
with
PRSP
standards,
a
six-foot-high
stucco-finished
masonry
block
wall
is
proposed
along
the
rear
property
line.

The
north
elevation
of
the
wall
(as
viewed
from
the
single-family
homes
to
the
north)
will
extend
six-feet
above
grade.

The
south
elevation
of
the
wall
(project
side)
will
include
an
additional
retaining
portion
ranging
from
two
to
five
feet,
resulting
in
a
maximum
height
of
11 feet
on
the
interior
side.

The
wall
will
incorporate
pilasters
at
intervals
of
no
more
than
30 feet
and
will
be
colored
to
complement
the
earth-tone
architectural
palette
of
the
proposed
townhome
development.

Furthermore,
vines
and
trees
will
be
landscaped
on
the
interior
side
of
the
wall
to
soften
the
visual
mass
of
the
wall
and
provide
additional
buffering
between
the
parking
area
and
adjacent
residential
use.

Parking The
Project
provides
a
total
of
93 private
residential
garage
parking
spaces
and
30 at-grade
parking
spaces
of
which
1 O
are
parallel
parking
spaces
in
the
rear
of
the
Project,
for
a
total
of
123
parking
spaces.

Five
of
the
at-grade
parking
spaces
are
designated
for
Americans
with
Disabilities
Act
(ADA)
parking
and
one
of
the
at-grade
parking
spaces
shall
be
reserved
for
residential
only
parking.

Therefore,
29 parking
spaces
will
be
available
to
serve
the
commercial
spaces
during
business
hours
and
serve
as
guest
parking
during
non-business
hours.

The
overall
Project
requires
117
parking
spaces,
leaving
an
overall
surplus
of
six
parking
spaces
as
indicated
below
in
Table
3:

Table
3 -TC-PRSP
Parking
Requirements
2-bedroom
units
3-bedroom
units
1 Guest
parking
per
2BR
unit
Guest
parking
per
3BR
unit
Required
Guest
Parking
Required
Residential
Parking
Total
Required
Parking
Parking
Inventory
Parking
Surplus
Traffic
&
Lighting
5 of
53 2 45 2 45
2 spaces
per
unit
2 spaces
per
unit

0.25 space
per
unit

0.5 space
per
unit
4 90 0.5 22.5 23 94 117 123 6
February 17, 2026, Item #8
A Traffic Memorandum, dated May 19, 2025, prepared by the transportation consultant LLG determined that the project would generate a net increase of 248 trips per day and would not result in significant impacts, including negligible impacts to vehicle miles traveled (VMT's). A photometric study was prepared illustrating the Project's proposed lighting plan. The plan incorporates downward directed lighting throughout public courtyards, parking areas, and common areas to enhance nighttime visibility, minimize glare and light trespass, and promote natural surveillance consistent with Crime Prevention Through Environmental Design (CPTED) principles. The technical studies can be found at www.Poway.org/Planning.

Predevelopment Conference
Predevelopment Conference (PDC) 24-0002 was held on November 19, 2024, where the following feedback was provided to the applicant: Increase commercial square footage; separate the commercial spaces from the residential units, add parking for commercial space, allow individual ownership of the commercial spaces; increase setbacks along Poway Road. The applicant revised the plans by adding a third commercial space, designated condominium lots for the commercial spaces, added parking proximate to commercial spaces, increased street setbacks and adjusted building mass through the integration of two public courtyards.

Neighborhood Meeting
On July 21, 2025, the Applicant hosted a neighborhood meeting at the community center from 5:30 to 6:30 p.m. There were 20 community members in attendance. Feedback included questions regarding additional traffic along Poway Road; screening along the rear property line; the proposed CC&R's; setbacks along Poway Road; onsite parking quantities; and the screening of rooftop equipment. The applicant's team addressed questions, concerns and comments raised by the community to the extent possible. In response, the applicant increased the height of the masonry wall along the north property line as viewed from the single-family homes to the north to extend six feet above grade.

Conclusion
Based on the above analysis, the Project as conditioned meets the TC development standards of the PRSP with a high-quality design. The Project is eligible for a Tier 1 incentive increasing maximum height to three-stories and 38 feet through a qualifying lot consolidation. The applicant has agreed to complete commercial spaces within the first phase of construction and host monthly community events in one of the commercial spaces until all commercial spaces are occupied. Therefore, as conditioned, staff recommends approval of the Project.

Environmental Review:

Staff has reviewed the proposed project for compliance with CEQA and has determined the project is categorically exempt from environmental review pursuant to CEQA Guidelines Section 15332 (Class 32: In-Fill Development Projects). The 2.26 acre project site is located within an urbanized portion of the City of Poway and is surrounded by existing commercial and residential development. The project meets all criteria for a Class 32 exemption and none of the exceptions to the use of a categorical exemption apply. In addition, the Project is consistent with the PRSP's Programmatic Environmental Impact Report (PEIR) that was prepared according to CEQA and certified by the City Council on December 5, 2017 (PRSP EIR). The PRSP EIR analyzed the potential impacts of the proposed buildout of the Poway Road Specific Plan area in the manner permitted by the Specific Plan. This Project is consistent with the PRSP, as it conforms with all development standards, and the PMC. 6 of 53
February 17, 2026, Item #8
Fiscal Impact:

The requested action has no direct fiscal impact to the City. The removal of the existing commercial facilities will result in a slight reduction in sales tax revenues to the City. This reduction is likely balanced with an increase in property tax revenues to the City once the property is redeveloped into 47 market rate multi-family units, coupled with additional sales tax revenues once the three commercial spaces are up and running. Property and Sales Tax revenue are deposited into the City's General Fund, which provides a significant source of funding for general government services.

Public Notification:

A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, February 5, 2026.

A public notice was mailed to property owners and occupants located within 500 feet of the Project site. A notice of pending application sign was posted at the Project site. Furthermore, all contacts on the City's interested parties list were provided with notice.

Attachments:

A. Resolution
B. Zoning/Location Map
C. Project Plans
D. Commercial Tenant Occupancy Plan
Reviewed/Approved By:

Assistant City Manager
7 of 53
Reviewed By:

Alan Fenstermacher
City Attorney
Chris Hazeltine
City Manager
February 17, 2026, Item #8
RESOLUTION NO. 26-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
25-0002 AND TENTATIVE TRACT MAP 25-0002 TO
CONSTRUCT 47 TOWNHOMES AND THREE GROUND FLOOR

COMMERCIAL SPACES WITHIN THE POWAY ROAD

CORRIDOR SPECIFIC PLAN, TOWN CENTER DISTRICT,
ASSESSOR PARCEL NUMBER 317-101-04 AND 317-101-05
WHEREAS, on February 17, 2026, the City Council considered Development Review (DR) 25-0002, and Tentative Tract Map (TTM) 25-0002; for the development of 47 townhomes, three ground-floor commercial spaces, associated onsite improvements, a condominium map, and a lot-consolidation (project hereinafter);
WHEREAS, on February 17, 2026, 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 project is Categorically Exempt as a Class 32 Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15332 (Class 32: In Fill Development Projects) of the CEQA Guidelines. The project is for the construction of 47 market-rate townhomes, three ground-floor commercial spaces, associated onsite improvements, a condominium map, and a lot consolidation of two vacant commercial parcels. The 2.26 acre project site is located within an urbanized portion of the City of Poway and is surrounded by existing commercial and residential development. The project meets all criteria for a Class 32 exemption, as follows:

A. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations: The 47 townhome and three commercial space mixed-use project is consistent with the Poway Road Corridor Specific Plan (PRSP) and Certified Programmatic Environmental Impact Report (PEIR, SCH#: 2017031035) that covers 1,148 new residential units, and 260,000 square feet of new commercial space. The proposed multi-family residential use, building height, site layout, and density meet the requirements of the PRSP. No variances or amendments that would require additional environmental analysis are proposed.

B. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses: The project site is located within City limits on a lot less than five acres that is substantially surrounded by urban uses. The 2.26-acre parcel is fully developed and located within an established urban area characterized by existing roadway infrastructure and nearby commercial and residential uses. 8 of 53 ATTACHMENT A
February 17, 2026, Item #8
Resolution No. 26-

Page 2 ends

Poway City CouncilFebruary 17, 2026

Poway City Council
February 17, 2026