MEMORANDUM City of Poway
ADDITIONAL MATERIALS
(Agenda Related Writings/Documents provided to City Council or Staff after distribution of the Agenda Packet for the February 17, 2026 Regular City Council Meeting) DATE: February 17, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Carrie Gallagher, City Clerk l.(
CONTACT: (858) 668-4535 or [email protected]
SUBJECT: Item 3 - Approval of Final Map for Tentative Parcel Map 24-0002; Todd Wiersum, Applicant (APN 321-110-52-00)
Attached please find correspondence received after the agenda posting deadline.
Reviewed/Approved By:
Reviewed By:
Alan Fenstermacher
Assistant City Manager City Attorney
Approved By:
Chris Ha
City Manager
1 of 8 February 17, 2026, Item #3
From: Rehrer. KatrinaC@Wilclife
To: City Cler<
Cc: Eng, Anita; Zoutencv<. Davic; Burlaza, NeanieC&Wildlife; Julie ProcoDio Subject: Wildlife Agencies Comments on Item 3: Approval of Final Map for TMP-24-0002 Date: Friday, February 13, 2026 3:59:02 PM
Attachments: imaoe001.onq
20250613 Misty Meacow WA email.ocf
EXTERNAL EMAIL
Good afternoon,
The U.S Fish and Wildlife Service (Service) and the California Department of Fish and Wildlife (Department), hereafter collectively referred to as the Wildlife Agencies, have reviewed the staff report for the Wiersum agenda item for February 17, 2026 and have outstanding concerns pertaining to compliance with the City of Poway's Subarea Habitat Conservation Plan (PSHCP/NCCP) and Implementing Agreement (IA; April 1996). We understand that the current map was approved through the Minor Development Review Application (MDRA) process on May 25, 2022; however the Wildlife Agencies were not made aware of the project until May 19, 2025 and were not involved in the project planning stages. Comments to the City were provided on May 20, 2025 and again on June 13, 2025 (email attached).
Based on our ongoing review of responses and documents provided to us by the City (June 25, 2025 and August 8, 2025 emails), the Wildlife Agencies have not concurred that the project adequately demonstrated compliance with the City's PSHCP/NCCP and IA. The Wildlife Agencies have the following primary concerns:
• From the documentation provided, it is still unclear whether the Project was designed consistent with 7.3.2(1)(c) that requires siting the development in the non -sensitive portions of the property and to avoid sensitive resources such as habitat linkages and wildlife corridors. The Biological Resources Study provided does not provide sufficient detail to support the conclusion that the Tentative Parcel Map was designed in the least impactful location.
• Based on the additional documents sent by the City on May 19, 2025, a Biological Conservation Easement (BCE) was recorded (DOC# 2023-0229295); this BCE identifies only CDFW as a third -party beneficiary. Section 6.B of the Implementing Agreement requires that the execution of a conservation easement with the CDFW and USFWS identified as third -party beneficiaries is required for the conservation in perpetuity of compensation lands. The Wildlife Agencies will continue to work with the City to update the City's standard BCE form.
• Changes to the Tentative Parcel Map have been made over the course of the project history that are not consistently reflected in the public record, including the Biological Resources Study. It is also unclear whether these revisions are consistent with the 2 of 8 February 17, 2026, Item #3
PSHCP/NCCP.
We are committed to continued coordination with the City to address these issues and facilitate the City's successful implementation of the PSHCP/NCCP.
Ka�frc;r'►a• RPM -re, -
Senior Environmental Scientist (Specialist)
California Department of Fish and Wildlife
South Coast Region 5
(310) 387-9260
CAUFORNIA
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1MIu?UFE
3 of 8 February 17, 2026, Item #3
2/13/26, 1:43 PM
la ' Outlook
Re: [EXTERNAL] RE: 15095 Misty Meadow Road
Inbox - Eng, Anita - Outlook
From Zoutendyk, David
Date Fri 6/13/2025 8:25 AM
To Julie Procopio
Cc Rehrer, Katrina@Wildlife ; Eng, Anita ; Eng, Anita ; Mary Piscitelli ; Burlaza, Melanie@Wildlife ; Stan Donn ; Tracy Beach
Hi Julie,
Thank you for the additional information regarding the project at 15095 Misty Meadow Road within the City's HCP/NCCP Subarea Plan (SAP). The Wildlife Agencies met with the City on May 30, 2025, to clarify the proposed project and consistency with the SAP. The Wildlife Agencies understand that the action proposed on May 20, 2025, on Parcel APN 321-110-52 would approve a lot subdivision whereas the previous 2022 Minor Development Review Application (MDRA) approved the development that is currently underway. We also understand that the subdivision would not permit development beyond what was previously approved. We appreciate the City's coordination and the time to review the project level details and complete our SAP consistency review. The following are our remaining comments/concerns:
Biological Technical Report
• The Biological Resources Study Assessor's Parcel Number: 321-110-25 (BRS), MDRA, and 2025 Agenda Report (Agenda Report) include some discrepancies on the Diegan coastal sage scrub (CSS) impact acreage. The MDRA document reports 4.11 acres of impact to CSS on page 1 and 3.98 acres of impact to CSS on page 6. Section 5.1 of the BRS states that a total of 5.11 acres will be impacted and, of that, 4.11 acres are comprised of CSS. Page 2 of the Agenda Report refers to 3.87 acres of grading. Please clarify these apparent discrepancies. o In addition, Table 1 of the BRS does not identify impacts by vegetation community and it is unclear what kind of habitat is being impacted or provided as mitigation per vegetation community. Please revise the table to include the impacts to vegetation communities and corresponding mitigation to aid in HCP/NCCP compliance tracking and compiling the Annual Reports. o Table 1 also gives a 2:1 mitigation ratio for the Misty Meadows Fuel Modification Zone (FMZ); however per the February 8, 2006, Procedures for the Removal of Habitat in Excess of 2 Acres for Enhanced Fire Management Zones memo (see attached) and December 18, 2008, memo for Clarification of Long Driveways for Fire Safety, impacts over 2 acres/lot will be mitigated at a 3:1 ratio. Therefore, mitigation for the Misty Meadows FMZ should be increased to 0.51 acre and the total conserved easement area should be increased to 11.4 acres. • To ensure project consistency with the SAP, all biological resources technical reports should include a section that analyzes project consistency with the SAP, including the Project design considerations outlined in the bulleted list in Section 7.3.2. From the documentation provided, it is unclear whether the Misty Meadow project has been designed consistent with 7.3.2(1)(c) that requires siting the development in the non -sensitive portions of the property and to avoid sensitive resources such as habitat linkages and wildlife corridors. Please revise to include this analysis.
Additional Clearing Beyond 2 -acre per Potential Lot
• According to Table 1 of the BRS, the fuel modification zone will result in 0.17 acre of impacts beyond the 2 -acre per potential lot allowance. Based on the February 8, 2006, memo (, Projects that propose fuel modification in excess of the 2 -acre allowance would require an email to the Wildlife Agencies and a 10 -day review period. In the interest of continued cooperation with the City, the Wildlife Agencies request that this process be incorporated into their Project review process for any applicable proposals in the future. Based on the Procedures agreed to by the City and the Wildlife Agencies, we request that future Project review emails include:
• A request that summarizes the location and need for the expanded fire buffer, including a location map and project number; • A summary of the biological report that includes a discussion of the project impacts and mitigation measures, including that required for the excess habitat removal;
• A scanned map of the project site; and
• A copy of the HCP findings.
• Page 3 of the May 2025 Agenda Report states "If additional development is proposed beyond what was approved on the Grading Plan, including expansion of the Parcel 2 pad size or additional pad areas, additional mitigation for habitat takes will be required, in accordance with the HCP." However, such grading would further exceed the 2 -acre allowance for each lot and will need separate analysis for consistency with the SAP, including Section 7.3.2., and the 2006 and 2008 memos. Please confirm that any additional proposed grading would follow the process outlined above. • Page 4 of the MDRA states that, "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. This project may require road widening in the future." Would this road widening require further encroachment into the Mitigation Area?
• The driveway requires impacts to 0.96 acre. The 2008 memo anticipates an estimated 0.5 acre per year maximum for allowable impacts for long driveways for fire safety. The Wildlife Agencies acknowledge that the proposed impacts of 0.96 acres are greater than the anticipated maximum defined in the 2008 memo and would like to discuss with the City regarding their interpretation of this memo. Please provide an accounting of previous long driveway approvals to confirm they have not exceeded the estimated 0.5 acre per year. Also, per the 2008 memo, any habitat loss under this memo should be included in the City's annual SAP report.
Mitiga 'on
• Section 6,0 of the BRS states that the remainder of the site not used for mitigation will be regulated by the SAP and maintained as open space. Further it states, "Following written notification from the City of Poway, the remaining balance maintained as permanent open space can be used by the property lira it "banked" mitigation. This banked land may be sold as compensating mitigation for public or pri a tiwi Berth uAthr tiwfilsaway or https://outlook.office365.corn/mail/id/AAkALgAAAAAAHYQDEapmEc2byACgAC%2FEWg0AAUwLz6ckbkyPem0LEEvIVQACJPgMTwAA 1/5
2/13/26, 1:43 PM Inbox - Eng, Anita - Outlook
other jurisdictions..." We recommend that, in addition to written notification from the City, the Project applicant include the Wildlife Agencies in establishing "banked mitigation" on their property to ensure that potential bank sites support the appropriate habitat conditions to serve as mitigation for future projects. Also, the Wildlife Agencies would like to discuss this further with the City to understand how "banked mitigation" is tracked and accounted for on a Project by Project basis.
• Page 6 of the MRDA states that prior to the issuance of a grading permit or Administrative Clearing Permit, whichever comes first, the applicant shall mitigate impacts to CSS habitat through the establishment of a Biological Conservation Easement over 11.23 acres of onsite CSS. The MDRA also notes that, "In compliance with the Poway Subarea Habitat Conservation Plan (PSHCP), the City shall process a General Plan Amendment and Zone Change to change the land use and zoning designation of the area of the BCE to Open Space -Resource Management (O5-RM) to ensure its permanent preservation." However, the BRS does not identify the long-term protection mechanism for this open space. Page 1 of the May 2025 Agenda Report states that the project site is currently zoned Rural Residential -A (RR -A). Please confirm and provide a date by which the land use and zoning designation changes will be recorded.
• Based on the additional documents sent by the City on May 19, 2025, a Biological Conservation Easement (BCE) was recorded (DOC# 2023-0229295); this BCE identifies only CDFW as a third -party beneficiary. Section 6.B of the Implementing Agreement requires that the execution of a conservation easement with the CDFW and USFWS identified as third -party beneficiaries is required for the conservation in perpetuity of compensation lands. Please revise the BCE to include the USFWS as a third -party beneficiary and provide a copy for our records. • Section 7.3.3(1) of the Subarea plan requires that "The remaining on -site habitat shall be preserved in perpetuity and properly managed." In addition to recording the BCE and changing the zoning designation from RR -A to OS-RM, please explain how in perpetuity management will be accomplished. This information should also be added to the BSR.
The Wildlife Agencies request that future projects follow the process as described above in this email. Please let us know if you have additional questions or concerns.
Sincerely,
David
David Zoutendyk
Division Supervisor
U.S. Fish and Wildlife Service
Carlsbad Fish and Wildlife Office
2177 Salk Avenue, Suite 250
Carlsbad, CA 92008
760-431-9440x222
(he/his/him)
From: Julie Procopio
Sent: Tuesday, June 3, 2025 6:48 PM
To: Zoutendyk, David
Cc: Rehrer, Katrina@Wildlife ; Eng, Anita ; Snyder, Jonathan ; Eng, Anita ; Mary Piscitelli ; Burlaza, Melanie@Wildlife ; Stan Donn ; Tracy Beach
Subject: [EXTERNAL] RE: 15095 Misty Meadow Road
This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or responding.
Hi David,
I am just following up on this email below. I wanted to confirm that we have adequately answered your questions related to this project. I would like to ensure the Wildlife Agencies agree the project complies with the HCP.
Thank you, again, for taking the time to meet with us last week.
Julie
From: Julie Procopio
Sent: Friday, May 30, 2025 12:51 PM
To: Zoutendyk, David
Cc: Rehrer, Katrina@Wildlife ; Eng, Anita ; Snyder, Jonathan ; [email protected]; Mary Piscitelli ; Burlaza, Melanie@Wildlife ; Stan Donn ; Tracy Beach Subject: RE: 15095 Misty Meadow Road
David,
We appreciate you and the Wildlife Agency team taking the time to meet with us today regarding this project. Attached, for your reference, you will find the Wildlife Agencies' concurrence on the "long driveway" exclusion from the 2 -acre per allowable lot clearing limitation.
The MDRA approval letter is also attached. On the first page you will find the description of the biological impacts and associated mitigation approved in May 2022. Also attached is the biological study associated with the MDRA. Page 26 provides a map of the development. As Mary described, the subsequent lot split does not add any disturbance areas. The proposed parking/horse area will become the site of the future second dwelling unit.
5of8
February 17, 2026, Item #3
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We look forward to continuing to work with you and the Wildlife Agency team toward our shared goal of cooperative HCP implementation.
Thank you,
Julie
From: Stan Donn
Sent: Tuesday, May 20, 2025 5:29 PM
To: Burlaza, Melanie@Wildlife ; Julie Procopio
Cc: Rehrer, Katrina@Wildlife ; Zoutendyk, David ; Eng, Anita ; Snyder, Jonathan ; ani a [email protected]✓ Mary Piscitelli
Subject: RE: 15095 Misty Meadow Road
Hi Melanie,
The subject property is outside the boundaries of the Parcel you referenced in your email below. There was no previous subdivision on this property. I hope this answers your question. Please feel free to contact me and Mary (cc'd) if you have any questions. n
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Thank you,
Stan
Stan Donn, AICP
City Planner
Development Services
City of Poway 113325 Civic Center Drive I Poway, CA 92064 Phone (858) 668-4604 Fax (858) 668-1211
done a?poway.org
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4 From: Burlaza, Melanie@Wildlife
Sent: Tuesday, May 20, 2025 4:44 PM
To: Stan Donn ; Julie Procopio
Cc: Rehrer, Katrina@Wildlife ; Zoutendyk, David ; Eng, Anita ; Snyder, Jonathan 6 of 8 February 17, 2026, Item #3
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; anita_eng@ g4_v
Subject: RE: 15095 Misty Meadow Road
Importance: High
EXTERNAL EMAIL
Hi Stan and Julie-
CDFW was notified of Item 7 recommended for City Council action on Tuesday, May 20, 2025 which proposes to subdivide the 43.14 -acre property at 15095 Misty Meadow Road, located inside the Mitigation Area defined in the Poway Subarea Habitat Conservation Plan/Natural Community Conservation Plan (PSHCP/NCCP). Based on the information provided, the parcel located at 15095 Misty Meadow Road has been previously subdivided per Parcel Map (PM) 18327 (Document 1999-578660, 8/20/1999), which included the lands now labeled as Parcel 1. CDFW has significant concerns about the proposed project's consistency with the PSHCP/NCCP.
The City is proposing to subdivide and utilize the 2 -acre allowance on a parcel that has already been subdivided and graded. Section 7.3.2 of the PSHCP/NCCP outlines the Specific Development Requirements that apply to parcels of land located within the boundary of the Mitigation Area and states that this allowance may be used only once per lot and would not be applicable for subsequent subdivision. It states that "for example, a 40 -acre parcel in the RR -A zoning designation that could be subdivided into two 20 -acre parcels has a total theoretical allowance of 4 acres of vegetation removal. The landowner could opt to clear all 4 acres for a single-family home and related improvements (as described above).
However, no further development could occur outside this 4 -acre area if the landowner later decides to subdivide the parcel." Our understanding is that this allowance has already been utilized for the current subdivision, therefore, to be consistent with the PSHCP/NCCP, no further development can occur on this parcel.
In addition, on page 2 of the attached document, grading associated with an on -going residential development project will require impacts to 3.87 acres. Section 7.3.2 also states that "the amount of habitat disturbance and removal on a legal lot shall be limited to the extent feasible and necessary for the purpose of development, but in no case shall exceed two (2) net acres in total, not including development already in existence at the date of plan adoption." Based on the grading plans, the 3.87 acres of impacts will exceed the 2 -acre allowance for development per allowable lot and is not consistent with the requirements of the PSHCP/NCCP, the Implementing Agreement (IA), and City ordinances. As we have not had the opportunity to review the Project in its entirety, we may have additional comments on the Project's consistency with the PSHCP/NCCP.
We request that the City Council not approve this parcel subdivision until the we have had an opportunity to discuss with the City these concerns including compliance with the PSHCP/NCCP for this particular project with the City.
Sincerely,
Melanie
Melanie Burlaza
Sr. Environmental Scientist (Supervisory)
Regional Conservation Planning
South Coast Region
3883 Ruffin Rd., San Diego, CA 92123
C: (858) 354-1610
From: Eng, Anita [email protected]>
Sent: Monday, May 19, 2025 1:40 PM
To: Stan Donn
Cc: Rehrer, Katrina@Wildlife ; Burlaza, Melanie@Wildlife ; Zoutendyk, David WARNING: This message Is from an external source. Verify the sender and exercise caution when clicking links or opening attachments.
Hi Stan,
The Wildlife Agencies were notified of Item 7 (attached) recommended for City Council action on Tuesday, May 20, 2025. Are you aware of this project and are you in agreement that it complies with the City's RCP? It is our understanding that Tentative Parcel Map (TPM) 98-14 that subdivided the land at 15095 Misty Meadow Road, and included the subject property as a portion of Parcel 1, was previously approved by the City Council and recorded as Parcel Map (PM) 18327 (Document 1999-578660, 8/20/1999 0.R.). Are we correct in our understanding that a subdivision has previous occurred that contained this current parcel? Further, grading associated with the on -going residential development project will require impacts to 3.87 acres (page 2 of 38 of the attached document). The 43.14 -acre property at 15095 Misty Meadow Road is located inside the Mitigation Area and is subject to a 2 -acre development allowance per legal lot.
For the on -going residential development on the property, has the 2 -acre allowance described in Section 7.3.2 of the HCP been exceeded? Please explain. Also, please confirm that the 2 -acre allowance will not be exceeded with the proposed subdivision. thanks,
Anita
Anita Eng
Fish and Wildlife Biologist
U.S. Fish andWildlife Service
7ot8
February 17, 2026, Item #3
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2177 Salk Avenue, Suite 250
Carlsbad, CA 92008
(571)547-3203*
anita_eng@f ga/
(she/her)
*Please email to schedule a call or meeting if needed.
8 of 8 February 17, 2026, Item #3
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