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12-01-20 Agenda PacketAGENDA Poway City Council Council Chamber I 73325 Civic Center Drive I Poway, CA I 92064 December 1, 2020 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. Meetings I Pursuant to the Governor's Executive Order N-29-20, a local legislative body is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body, during the period in which local public officials impose measures to promote social distancing. Although this Regular City Council meeting will be held at the Council Chambers located at 13325 Civic Center Drive, Poway, CA 92064, the Council Chamber will not be open to the public. Remote public participation is encouraged in one of the following ways: To Watch Live: www.poway.org/councilmeetings To Speak and Participate: Go to: www.poway.org/meeting and join using "Computer Audio" If your electronic device has no microphone or speakers: Call: (877) 853 -5247 Enter Meeting ID: 623 291 9830 Enter Participant ID provided on your computer PLEASE NOTE: If you wish to participate, please also read the Speakers section for detailed instructions as it has changed. Public Meeting Access I Residents are strongly encouraged to participate and view remotely at the December 1, 2020 meeting livestream via www.poway.org/councilmeetings (to watch live), via www.poway.org/meeting (to speak and participate), or on Cox Communications Channel 24 and Spectrum Channel 19. Meetings are rebroadcast on Mondays, Thursdays and Fridays at 6 p.m. and Saturday and Sundays at 3 p.m. Council meeting videos are archived and available for viewing on the City's website at www.poway.org/councilmeetings. Submission of written comments concerning items on the agenda is encouraged. Speakers I If viewing online or calling in via telephone, it is highly recommended to log in to the waiting room at least 15 to 30 minutes prior to the commencement of the meeting. Persons wishing Steve Vaus Mayor Caylin Frank Deputy Mayor Dave Grosch Councilmember Barry Leonard Councilmembe1· John Mullin Councilmembe1· 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. If you wish to speak and are joining the meeting online, please let the City Clerk know prior to the meeting or the announcement of the item by raising your hand digitally or by submitting a chat. If you are not using your computer's audio, please remember to enter your Participant ID on your computer screen when prompted on the phone. If you choose to call in without logging in online and you wish to speak on an item, you may press *9 when the Mayor asks for speakers at the time that the item you wish to speak on is being considered. You may speak up to three (3) minutes. The Mayor may reduce this time if there are a large number of speakers. PLEASE NOTE: Comments submitted via email will be accepted until 3:00 p.m. of the meeting date and distributed to the City Council as well as be made available online after the meeting. Technical Support I For more information on how to connect, visit www.poway.org/meetinghelp. If you have trouble connecting or accessing the meeting, the Information Technology team is available to help at (858) 668-4451. 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. 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. 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: 2 of 4 Regular City Council Meeting December 1, 2020 PUBLIC COMMENT: In accordance with State law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take action on any issue not included on the agenda. You may speak up to three (3) minutes. Speakers have one opportunity to address the Council under Public Comment. CONSENT CALENDAR: The Consent Calendar may be enacted in one motion by the Council with a Roll Call Vote without discussion unless a Councilmember, a member of the public, or City Manager requests that an item be removed for discussion. 1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda 2. Approval of the October 20, 2020 Regular City Council Meeting Minutes 3. Resolution to Continue the Existence of a Local Emergency within the City of Poway Due to the Novel Coronavirus (COVID-19) Global Pandemic 4. Award of Contract to Advanced Industrial Services, Inc. for the Boulder Mountain Reservoirs No. 1 and 2 Rehabilitation Project; Bid No. 21-009 ORDINANCES FOR INTRODUCTION: 5. An Ordinance Amending Chapter 10.42 (Truck Routes and Maximum Gross Weight Limits) of the Poway Municipal Code City Manager's Recommendation: It is recommended that the City Council introduce the Ordinance for first reading by title only, waive further reading, and schedule the adoption for December 15, 2020. ORDINANCES FOR ADOPTION: 6. Second Reading and Adoption of Ordinance No. 845 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Chapter 2.20 (Administrative Appeals) of the Poway Municipal Code" City Manager's Recommendation: It is recommended that the City Council adopt Ordinance No. 845 PUBLIC HEARINGS: 7. Tentative Tract Map (TTM) 20-003 and Development Review (DR) 20-002, a Request to Construct a Mixed-Use Development with 212 Multi-Family Condominium Units and 11,364 Square Feet of Commercial Space and Outdoor Plazas and Amenities in the Poway Road Specific Plan Area at the Carriage Center and Former Poway Fun Bowl, 12845 to 12941 Poway Road 3 of 4 City Manager's Recommendation: It is recommended that the City Council take public input and adopt the Resolution. Regular City Council Meeting December 1, 2020 8. Resolution Adopting the Authorization to Submit an Application for Additional Community Development Block Grant -Coronavirus (CDBG-CV) Funds City Manager's Recommendation: It is recommended that the City Council adopt a resolution authorizing the submission of application for additional Community Development Block Grant -Coronavirus (CD BG-CV) funds in the amount of $246,166; and authorize the City Manager to execute all necessary application and funding documents. 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: 9. Conference with Legal Counsel -Existing Litigation (Government Code§ 54956.9(d)(1 )) Name of Case: Pina Smoothies v. City of Poway San Diego Superior Court Case No. 37-2020-00018626 AD!OURNMENT State of California County of San Diego ) ) 55. ) AFFIDAVIT OF POSTING I, Vaid a Pavo/as, 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 November 24, 2020 at 4:30 p.m. Said meeting to be held at 7:00 p.m., December 1, 2020, in the Poway City Council Chambers, 13325 Civic Center Drive, o ay, California. Said notice was posted on the Bulletin Board at the entrance to City Hall. ~ity Clerk 4 of 4 Regular City Council Meeting December 1, 2020 AGENDA RE PO RT City of Poway DATE: TO: FROM: December 1, 2020 Honorable Mayor and Members of the City Council Vaida Pavolas, City Clerk (858) 668-4535 or vpavolas@poway.org CITY COUNCIL SUBJECT: Approval of the October 20, 2020 Regular City Council Meeting Minutes Summary: The City Council Meeting Minutes submitted hereto for approval are: • October 20, 2020 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 that the City Council approve the October 20, 2020 Regular City Council Meeting Minutes. Public Notification: None. Attachments: A. October 20, 2020 Regular City Council Meeting Minutes Reviewed/ Approved By: Assistant City Manager 1 of 6 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~ City Manager December 1, 2020, Item #2 ATTACHMENT ANOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting. CITY OF POWAY CITY COUNCIL REGULAR MEETING MINUTES October 20, 2020 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 John Mullin, Barry Leonard, Dave Grosch, Caylin Frank, Steve Vaus STAFF MEMBERS PRESENT City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Vaida Pavolas; Development Services Director Bob Manis; Finance Director Aaron Beanan; Human Resources and Risk Management Director Jodene Dunphy; Public Works Director Eric Heidemann; Fire Chief Jon Canavan; Captain Dave Schaller, Sheriff's Department (Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, Assistant City Manager, City Attorney, City Clerk and Director of Finance shall be used to indicate Mayor/Chair, Deputy MayorNice Chair, Councilmember/Director, City Manager/Executive Director, Assistant City Manager/Assistant Executive Director, City Attorney/Counsel, City Clerk/Secretary and Director of Finance/Finance Officer.) PLEDGE OF ALLEGIANCE Deputy Mayor Frank led the Pledge of Allegiance. MOMENT OF SILENCE Mayor Vaus led a moment of silence. PRESENTATIONS Kevin O'Bierne, representing SDG&E via teleconference, gave a PowerPoint presentation to provide an update regarding the natural gas pipeline replacement project, also known as Pipeline 1600, along Pomerado Road as part of SDG&E's Pipeline Safety Enhancement Plan. Mr. O'Bierne explained that SDG&E will install 5.2 miles of new 16 inch pipe on Pomerado Road between Bernardo Heights Parkway and Scripps Poway Parkway and anticipates construction to begin in 2021. 2 of6 December 1, 2020, Item #2 City of Poway-Minutes -October 20, 2020 Council made inquiries regarding the phases of the project, traffic control measures in place, and expressed concerns of interference with existing natural gas service for residents and businesses. PUBLIC COMMENT Phil Factor, via teleconference requested updates regarding the PCPA, Big Stone Lodge, Poway Road Specific Plan and affordable housing be made available on the website and inquired about a climate action plan and a smoke-free outdoor dining policy. Yuri Bohlen, via teleconference spoke regarding affordable housing for veterans. Barry Williams, via teleconference expressed concerns with a pitching business conducted at 13844 Edgemoor Street. CONSENT CALENDAR Motioned by Councilmember Grosch, seconded by Deputy Mayor Frank to approve Consent Calendar Items 1 through 6. Motion carried by the following roll-call vote: Ayes: Noes: Abstained: Absent: Disqualified: Mullin, Leonard, Grosch, Frank, Vaus None None None None 1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda 2. Approval of the September 15, 2020 Regular City Council Meeting Minutes 3. Adoption of Resolution No. 20-085 entitled "A Resolution of the City Council of the City of Poway, California, Finding and Declaring the Continued Existence of an Emergency within the City Due to the Novel Coronavirus (COVID-19) Global Pandemic" 4. Adoption of the 2021 City Council Meeting Calendar 5. Award of Contract to Sound Image for the Mickey Cafagna Community Center AudioNideo System, RFP No. 21-007 Assi Friedman submitted email correspondence in opposition to the project. 6. Request for Additional Appropriation for Nuisance Abatement Action In response to Council inquiry, Director of Development Services Bob Manis explained that the court denied issuance of an abatement warrant and directed staff to work with the property owner to bring property into compliance. Mr. Manis explained that the property owners have made progress to clean the property and clarified that the action to appropriate funds would cover the costs of the contractor to conduct the abatement action should it be necessary to do so. 3 of6 December 1, 2020, Item #2 City of Poway -Minutes -October 20, 2020 ORDINANCES FOR INTRODUCTION None. ORDINANCES FOR ADOPTION None. PUBLIC HEARINGS None. STAFF REPORTS 7. Capital Improvement Program Update City Engineer Melody Rocco presented the report along with a PowerPoint presentation regarding updates to the status of projects with the current Capital Improvement Program (CIP) since the last update to Council on June 16, 2020 as part of the Fiscal Year 2020-2021 budget. Ms. Rocco explained that the current CIP includes 39 projects with $10.86 million appropriated with the Fiscal Year 2020-2021 budget for a total of $53.86 million in appropriations for these projects. No speakers. Council expressed appreciation for the City's progress and updates on the community center and thanked staff for their hard work managing all these CIP projects. Council discussion included the funding sources available to fund certain projects, funding for LED lighting in parks, adaptive signals along Poway Road, and the process for residents to inquire about public improvements. In response to Council inquiry regarding the Espola Road Safety Improvements Project, Ms. Rocco explained that the undergrounding of utility poles are expected to be complete by July 2021. She added that the construction for Espola Road Safety Improvements are contingent upon the poles being removed. Council received and filed the report. No action was taken. WORKSHOPS None. COUNCIL-INITIATED ITEMS 8. Regain Local Control from State Legislators Councilmember Leonard presented the item for Council consideration to unite with a coalition of cities throughout the State of California in a show of strength to regain local control from State legislators. 4 of6 December 1, 2020, Item #2 City of Poway-Minutes -October 20, 2020 Phil Factor, via teleconference, spoke in support of local control and suggested creating a Poway Planning Commission. Assi Friedman submitted email correspondence in opposition to more local control. Kathleen Lippitt submitted email correspondence in support of the resolution and requested the list of other cities who have joined to support California Cities for Local Control. Council discussion ensued in support of the initiative. Council concurred to unite with California Cities for Local Control and directed the City Manager to issue the resolution expressing support to take actions to strengthen local democracy, authority, and control as related to land use, housing and zoning issues and authorized the City Manager to execute the document. 9. Outdoor Dining Opportunities Mayor Vaus presented the item for Council consideration to permanently allow outdoor dining opportunities and to offer continued loan of the picnic tables for outdoor dining use. Mayor Vaus proposed that review of the new policy occur every six months. Phil Factor, via teleconference, spoke in support of the initiative and smoke free outdoor dining. Pierra Moise, via teleconference, spoke regarding smoke free outdoor dining. Assi Friedman submitted email correspondence in opposition to the initiative. Joe St. Lucas submitted email correspondence expressing concerns with outdoor smoking and available parking spaces. Michael Welch submitted email correspondence requesting Council consider an outdoor smoking ban at restaurants. Council expressed support for the proposed initiative. Motioned by Mayor Vaus, seconded by Councilmember Mullin to direct staff to amend the Poway Municipal Code to allow for an increase in outdoor dining opportunities, post pandemic and to offer continued loan of the picnic tables for an additional 12 months, if the restaurants desire. COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d)) A video was shown giving thanks and appreciation to all City of Poway volunteers. The Mayor and Council made announcements and reported on various events taking place in the City. No action was taken. Councilmember Grosch gave a brief update on meetings regarding the PCPA ad hoc committee. 5 of6 December 1, 2020, Item #2 City of Poway-Minutes -October 20, 2020 CITY MANAGER ITEMS: None. CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) None. ADJOURNMENT The meeting was adjourned at 8:39 p.m. in memory of long-time community activist Suzanne Emery. 6 of6 Vaida Pavolas, CMC City Clerk City of Poway, California December 1, 2020, Item #2 December 1, 2020, Item #3DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway December 1, 2020 Honorable Mayor and Me~ of the City Council Jon M. Canavan, Fire Chief@]; Jon M. Canavan, Fire Chief (858) 668-4461 or jcanavan@poway.org CITY COUNCIL Resolution to Continue the Existence of a Local Emergency Within the City of Poway Due to the Novel Coronavirus (COVID-19) Global Pandemic The Novel Coronavirus (COVID-19) global pandemic continues to cause unprecedented impacts on all economic and social segments of the United States. Federal, state, and county directives, mandates and orders to prevent, control and manage the spread of COVID-19 have, and continue to, impact Poway residents, businesses and visitors. On March 18, 2020, the City Council approved a resolution proclaiming a local emergency. The adopted resolution requires the City Council to either continue the emergency action or declare the emergency ended at each regular meeting. Recommended Action: It is recommended that the City Council approve a resolution continuing the Proclamation of Local Emergency authorizing the City Manager to take necessary actions to protect the public and welfare of the City from the serious and imminent threat of COVI D-19. This action requires a four-fifths (4/5) vote of the City Council. Discussion: The COVID-19 global pandemic continues to impact business, education, healthcare, military, and social segments of the United States. COVID-19 has resulted in a swift economic slowdown and high unemployment rates. Federal, state, and county directives, mandates, orders and guidelines have been issued to prevent, control and manage the spread of COVID-19. While efforts are focused on re-opening the economy and relaxing restrictions, impact on Poway residents, businesses and visitors continues. In response to the COVID-19 global pandemic, and its impact on Poway, the City Manager, serving as Director of Emergency Services for the City of Poway, proclaimed a local emergency on March 13, 2020. On March 18, 2020, the City Council approved Resolution No. 20-013 ratifying the City Manager's Proclamation of Local Emergency. On April 7, April 21, May 5, May 19, June 2, June 16, July 7, July 21, August 4, September 1, September 15, October 6, October 20 and November 17, 2020, the City Council approved to continue the emergency action. The adopted resolution requires the City Council to either continue the emergency action or declare the emergency ended at each regular 1 of 6 December 1, 2020, Item #3meeting. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: As of November 16, 2020, City costs to respond to COVID-19 are estimated at $686,310. This amount differs from the amounts in the COVID-19 Economic Update staff report presented to Council on September 15, 2020 primarily because the amounts listed here relate to FEMA eligible expenditures. The total fiscal impact is unknown at this time. Per the City Council adopted General Fund Reserve policy, the City maintains a General Fund Reserve of 45 percent of the budgeted annual General Fund operating expenditures, or $20,961,853 as of June 30, 2019. Within that 45 percent, $13,974,863 is set aside for Extreme Events/Public Safety. Based upon the City's reserve policy, there are adequate reserves to cover the costs to respond to this health emergency. Further, staff believes some of the costs are recoverable under State and Federal Disaster programs. Amounts recovered under these programs will be used to replenish the General Fund reserve. Pursuant to the reserve policy, staff will return with a plan to replenish any General Fund reserves not replenished under a State or Federal Disaster program. Staff will recommend applicable budget adjustments prior to the completion of the current fiscal year. In addition to using reserves to respond to COVI D-19, on April 16, 2020, the City Council approved $2,000,000 to fund the Poway Emergency Assistance Recovery Loan (PEARL) program for small businesses. The PEARL program's goal is to offer financial assistance to small businesses located in Poway by complementing existing state and federal loan programs and to provide a financial bridge to businesses to survive the current emergency. The PEARL program funding of $2,000,000 represents approximately 14 percent of the Extreme Events/Public Safety reserve discussed above and provides loans of up to $50,000 to eligible business. As of November 16, 2020, staff has received 79 applications requesting $2,862,165 in loans. Based on staff's review, 35 loans totaling $1,385,326 have been approved. Staff has requested additional information from eight applicants in order to determine their eligibility for the program. Twenty-three loan requests were denied, and 13 businesses have chosen to withdraw their applications. The reasons cited for withdrawing an application has varied from businesses having received funding from other sources, businesses are doing better after re-opening, and others that felt the application process was too burdensome or complicated. One loan of $50,000 for a medical provider has been repaid. The reserve fund will be replenished from the repayment of PEARL loans over a three-year period following the end of the local COVID-19 emergency. This period falls within the General Fund Reserve Policy's direction to fully replenish reserves within five years of use. Public Notification: None. 2 of 6 December 1, 2020, Item #3Attachments: A. Resolution B. Proclamation of Local Emergency Reviewed/ Approved By: Assistant City Manager 3 of 6 Reviewed By: Alan Fenstermacher City Attorney App roved By: City Manager December 1, 2020, Item #3RESOLUTION NO. 20-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, FINDING AND DECLARING THE CONTINUED EXISTENCE OF AN EMERGENCY WITHIN THE CITY DUE TO THE NOVEL CORONAVIRUS (COVID-19) GLOBAL PANDEMIC WHEREAS, the Novel Coronavirus (COVID-19) global pandemic in the City of Poway, commencing on or about January 24, 2020 that creates a threat to public health and safety; WHEREAS, Government Code section 8630 and Poway Municipal Code (PMC) Section 2.12.060 empower the City Manager, acting as the Director of Emergency Services, to proclaim the existence of a local emergency when the City is affected by a public calamity, and the City Council is not in session; WHEREAS, on March 13, 2020, the City Manager, acting pursuant to Government Code section 8630 and PMC section 2.12.060, proclaimed the existence of a local emergency based on conditions of extreme peril to the health and safety of persons caused by the Novel Coronavirus (COVID-19) global pandemic; WHEREAS, on March 18, 2020, the City Council, acting pursuant to Government Code section 8630 and PMC section 2.12.065, ratified the existence of a local emergency within seven (7) days of a Proclamation of Local Emergency by the City Manager; WHEREAS, the City Council, acting pursuant to PMC section 2.12.065, approved extending the emergency declaration during regularly scheduled meetings on April 7, April 21, May 5, May 19, June 2, June 16, July 7, July 21, August 4, September 1, September 15, October 6, October 20 and November 17, 2020; WHEREAS, Public Contract Code Section 20168 provides that the City Council may pass by four-fifths (4/5) vote, a resolution declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property; WHEREAS, upon adoption of such resolution, the City Manager may expend any sum required in the emergency and report the same to the City Council in accordance with Public Contract Code Section 22050; WHEREAS, if such expenditure is ordered, the City Council shall review the emergency action at each regular meeting, to determine if there is a need to continue the action or if the Proclamation of Local Emergency may be terminated; and WHEREAS, such the Novel Coronavirus (COVID-19) global pandemic constitute an emergency within the terms of Public Contract Code Sections 20168 and 22050 which requires that the City Manager be able to act quickly and without complying with the notice and bidding procedures of the Public Contract Code to safeguard life, health, or property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway hereby finds and declares: 4of6 ATTACHMENT A December 1, 2020, Item #3Resolution No. 20-Page 2 SECTION 1: An emergency continues to exist within the City as the result of the Novel Coronavirus (COVID-19) global pandemic; and (a) The continuing threat of the Novel Coronavirus (COVID-19) global pandemic requires that the City be able to expend public money in order to safeguard life, health, or property; (b) The City Manager, as the City's Personnel Officer, is authorized to take actions necessary to alter employee leave policies and ensure a safe and healthy workforce; (c) The City Manager is authorized to safeguard life, health, or property without complying with notice or bidding procedures; and (d) Once such expenditure is made, the City Manager shall report the conditions to the City Council at each regular meeting, at which time the City Council shall either continue the emergency action or declare the emergency ended. SECTION 2: This Proclamation of Local Emergency and all subsequent resolutions in connection herewith shall require a four-fifths (4/5) vote of the City Council. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 1st day of December, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Vaida Pavolas, CMC, City Clerk 5 of 6 December 1, 2020, Item #3PROCLAMATION OF LOCAL EMERGENCY WHEREAS, section 2.12.060 of the Poway Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session; WHEREAS, the City Manager, as Director of Emergency Services of the City of Poway, does hereby find that conditions of extreme peril to the safety of persons and property have arisen within the City of Poway, caused by the Novel Coronavirus (COVID-19) commencing on January 24, 2020; WHEREAS, that the City Council of the City of Poway is not in session and cannot immediately be called into session; and WHEREAS, this Proclamation of Local Emergency will be ratified by the City Council within seven days of being issued. NOW, THEREFORE, IT IS HEREBY PROCLAIMED by the Director of Emergency Services for the City of Poway, that a local emergency now exists throughout the City and that said local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council; IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, ordinances, and resolutions of this City, and by the City of Poway Emergency Plan; and IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this Proclamation of Local Emergency be forwarded to the State Director of the Governor's Office of Emergency Services with a request that; 1. The State Director find the Proclamation of Local Emergency acceptable in accordance with provisions of the Natural Disaster Assistance Act; and 2. The State Director forward this Proclamation, and request for a State Proclamation and Presidential Declaration of Emergency, to the Governor of California for consideration and action. PASSED AND ADOPTED by the Director of Emergency Services for the City of Poway this 13th day of March 2020. Director of Emergency Services 6of6 ATTACHMENT B AGENDA RE PO RT City of Poway DATE: TO: FROM: CONTACT: December 1, 2020 Honorable Mayor and Members of the City Council Robert Manis, Director of Development ServicesfJV' Brian Banzuelo, Associate Civil Engineer (858) 668-4623 or bbanzuelo@poway.org CITY COUNCIL SUBJECT: Award of Contract to Advanced Industrial Services, Inc. for the Boulder Mountain Reservoirs No. 1 and 2 Rehabilitation Project; Bid No. 21-009 Summary: This project will rehabilitate Boulder Mountain Reservoirs No. 1 and 2, which consist of a 200,000-gallon and a 400,000-gallon potable water steel storage tank, both located at 15615 Boulder Mountain Road. Improvements include recoating the interior of the tanks, painting the exterior, repairing rafters, modifying the inlet and outlet piping, overflow modifications, updating the cathodic protection system, and replacement of the fall restraint system. Recommended Action: It is recommended that the City Council award the contract for the Boulder Mountain Reservoirs No. 1 and 2 Rehabilitation Project to Advanced Industrial Services, Inc., the lowest responsible and responsive bidder, in the amount of $898,100.00. Discussion: The contract time for this project is 90 working days with an Engineer's Estimate of $862,100. Bids were opened on November 12, 2020. The following four bids were received: Company Total Bid Amount Corrected Bid Amount Advanced Industrial Services, Inc. $898,100.00 Capital Industrial Coatings, LLC $916,691.00 $912,241.00 AMP United, LLC $929,000.00 Paso Robles Tank, Inc. $1,049,000.00 Environmental Review: The proposed project is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 1 Categorical Exemption, pursuant to Section 15301 of the CEQA Guidelines, in that the project involves the rehabilitation of an existing potable water supply reservoir. 1 of 11 December 1, 2020, Item #4 Fiscal Impact: This rehabilitation project is funded from the Water Operations Fund. Sufficient funding in the amount of $1,176,065.82 is available in the Boulder Mtn Rsvr 1/11 Rehab project account (WTR0012) for the award of this contract. Public Notification: None. Attachments: A. Contract Reviewed/ Approved By: ~ ~ Wendy Kaserman Assistant City Manager 2 of 11 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager December 1, 2020, Item #4 SECTION 8 CONSTRUCTION CONTRACT CITY OF POWAY BOULDER MOUNTAIN RESERVOIRS NO. 1 AND 2 REHABILITATION PROJECT This Contract made and entered into this 2nd day of December 2020, by and between City of Poway, a municipal corporation of the State of California, hereinafter referred to as "City" and Advanced Industrial Services, 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: The Work involves furnishing all labor, equipment and materials necessary to install guardrail, ladders, center vent, auxiliary vent, lateral bracing modifications, fall restraint system, inlet/outlet modifications, overflow modifications, rafter repairs, cathodic protection system, interior coating removal, recoating, exterior paint removal, and exterior painting of Boulder Mountain Reservoir #1 (40' diameter, 23' height, 0.2 MG) and Boulder Mountain Reservoir #2 (58' diameter, 23' height, 0.4 MG) potable water steel storage reservoirs located at 15615 Boulder Mountain Road. 4. Contractor agrees to perform all the said work and furnish all the said materials at his own cost and expense that are necessary to construct and complete in strict 3 of 11 ATTACHMENT A 1 December 1, 2020, Item #4 conformance with Contract Documents and to the satisfaction of the City Engineer, the work hereinafter set forth in accordance with the Contract adopted by the City Council. 5. City agrees to pay and Contractor agrees to accept in full payment for performance of this work of improvement as described, the stipulated sum of $898,100.00 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 90 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: $500 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 him or by any subcontractors under him) less than the prevailing rate described above on the work provided for in this Contract. 4 of 11 2 December 1, 2020, Item #4 11. Contractor and subcontractors shall comply with Labor Code § 181 O 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 him 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 3 December 1, 2020, 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 4 December 1, 2020, 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 5 December 1, 2020, 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. 24. 25. 26. 8 of 11 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. 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. 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. 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 6 December 1, 2020, 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 7 December 1, 2020, Item #4 retain any and all rights that pertain to the resolution of disputes and protests between the parties. 31. This Contract is to be governed by the laws of the State of California. 32. All work shall be guaranteed for a period of one (1) year from the date of acceptance by the City. Contractor shall promptly make all needed repairs arising out of defective materials, workmanship, and equipment. City is hereby authorized to make such repairs if within ten (10) days after giving written notice to Contractor, or its agent, Contractor should fail to make or undertake with due diligence the aforesaid repairs; provided, however, that in case of an emergency, where, in the opinion of City, delay would cause serious loss or damage, repairs may be made without notice being sent to Contractor, and Contractor shall pay the costs thereof. (Remainder of page intentionally left blank) 10 of 11 8 December 1, 2020, 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: Print Name of Construction Company By: Signature Print Name Contractor information: Address for Notices and Payments Telephone Number: ______ _ Email: ------------ATTEST: Vaida Pavolas, CMC, City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP Alan Fenstermacher, City Attorney 11 of 11 CITY OF POWAY a Municipal Corporation Chris Hazeltine, City Manager 9 December 1, 2020, Item #4 December 1, 2020, Item #5DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway December 1, 2020 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services /J'-Melody Rocco, City Engineer ~ 858-668-4653 or mrocco@poway.org CITY COUNCIL An Ordinance Amending Chapter 10.42 (Truck Routes and Maximum Gross Weight Limits) of the Poway Municipal Code The proposed Ordinance is an amendment to Chapter 10.42 to correct a reference to one section of Danielson Street after being renamed to General Atomics Way and to add the extension of Kirkham Way, east of General Atomics Way, as an excepted truck route. Recommended Action: It is recommended that the City Council introduce the Ordinance for first reading by title only, waive further reading, and schedule the adoption for December 15, 2020. Discussion: Chapter 10.42 of the Poway Municipal Code prohibits the use of commercial vehicles or vehicles exceeding 20,000 pounds gross vehicle weight on any City street except on designated truck routes as identified in Section 10.42.010. In 2001, the City Council approved Resolution P-01-34 renaming a portion of Danielson Street, between Scripps Poway Parkway and Kirkham Way, to Gateway Place. In 2009, the City Council approved a second name change for the same segment of road, with Resolution P-09-33, to General Atomics Way. Chapter 10.42 was not amended to correct the designated truck routes after either road name change. The Vantage Point development recently completed construction of two light industrial buildings on the east end of Kirkham Way. The development of this lot necessitates the extension of the Kirkham Way designated truck route to the east end of the street, east of General Atomics Way. 1 of 4 December 1, 2020, Item #5In summary, adoption of the Ordinance would result in the following changes: • Revise Chapter 10.42.01 0(G) to correct the limits of Danielson Street; • Revise Chapter 10.42.01 0(H) to extend Kirkham Way to the east end of the street; • Add Chapter 10.42.01 0(L) to identify General Atomics Way as a designated truck route. Environmental Review: The adoption of the proposed Ordinance is not a "project" as identified by the California Environmental Quality Act and is not subject to environmental review. Fiscal Impact: None. Public Notification: None. Attachments: A. Ordinance Amending Chapter 10.42 (Truck Routes and Maximum Gross Weight Limits) Reviewed/ Approved By: Assistant City Manager 2 of 4 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager December 1, 2020, Item #5ATTACHMENT AORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AMENDING CHAPTER 10.42 (TRUCK ROUTES AND MAXIMUM GROSS WEIGHT LIMITS) OF THE POWAY MUNICIPAL CODE WHEREAS, Chapter 10.42.010 of the PMC sets forth prohibited acts and excepted routes for trucks exceeding 20,000 pounds gross vehicle weight; WHERAS, Danielson Street from Scripps Poway Parkway to Kirkham Court was renamed to Gateway Place per Resolution P-01-34; WHEREAS, Gateway Place from Scripps Poway Parkway to Kirkham Court was renamed to General Atomics Way per Resolution P-09-33; WHEREAS, Danielson Street from Community Road to Kirkham Way is listed as an excepted route; WHEREAS, Kirkham Way from Kirkham Court to Danielson Street is listed as an excepted route; and WHEREAS, development has occurred on Kirkham Way, east of General Atomics Way necessitating the allowance of trucks exceeding 20,000 pounds gross vehicle weight. 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: The City Council hereby approves this Ordinance and amends Chapter 10.42 of the PMC as specified below. Removals are indicated with strikethroughs and additions are indicated with underline. SECTION 3: Section 10.42.010 of Chapter 10.42 (Truck Routes and Maximum Gross Weight Limits) is hereby amended as follows: G. Danielson Street from Community Road to Kirkham Way Scripps Poway Parkway; H. Kirkham Way from Kirkham Court to Danielson Street east end, east of General Atomics Way; L. General Atomics Way from Scripps Poway Parkway to Kirkham Way. SECTION 4: This Ordinance shall be codified. EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption. 3 of 4 December 1, 2020, Item #5Ordinance No. *** Page 2 CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933. INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 1st day of December 2020, and thereafter. PASSED AND ADOPTED at a Regular Meeting of said City Council held the 15th day of December, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Vaida Pavolas, CMC, City Clerk 4 of 4 December 1, 2020, Item #6 December 1, 2020, Item #6 December 1, 2020, Item #6 December 1, 2020, Item #6 December 1, 2020, Item #6 1 of 58December 1, 2020, Item #7DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA REPORT City of Poway December 1, 2020 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services .p,l1. Scott Nespor, Associate Planner 858-668-4656 or snespor@poway.org CITY COUNCIL Tentative Tract Map (TTM) 20-003 and Development Review (DR) 20-002, a request to construct a mixed-use development with 212 multi-family condominium units and 11,364 square feet of commercial space and outdoor plazas and amenities in the Poway Road Specific Plan Area at the Carriage Center and former Poway Fun Bowl The applicant is requesting to redevelop the Poway Fun Bowl and Carriage Center sites at 12845 to 12941 Poway Road with a mixed-use development consisting of 212 multi-family residential condominium units, 11,364 square feet (sf) of commercial space, and 9,955 sf of quasi-public open space. The project includes parking and landscape improvements to the Big 'O' Tires at 12947 Poway Road and a new intersection at Poway Road and Carriage Heights Way. The project site is on the south side of Poway Road between Carriage Road and Civic Center Drive. The project site falls within the Poway Road Specific Plan (PRSP) and is designated Town Center (TC). Recommended Action: It is recommended that the City Council take public input and adopt the Resolution. Discussion: Background The applicant is FRH Realty LLC and the property owners are Fairfield Poway LLC (Big 'O' Tires parcel), Poway Entertainment Co LLC (Poway Fun Bowl) and Gildred Family Properties LLC (Carriage Center). The site is within the PRSP and has a land use designation of TC. It is located on the south side of Poway Road between the Carriage Road and Civic Center Drive intersections. The Carriage Heights Condominiums, which are zoned Residential Condominium (RC), are located to the north across Poway Road from the site. The Russ Estates single-family home subdivision is located south of the project site and has a zoning designation of Residential Single Family-7 (RS-7). To the west is the Carriage Arms Apartments, which is zoned Residential Apartment (RA), and a small commercial strip 2 of 58December 1, 2020, Item #7center that contains the Poway Sewing and Vacuum Supply store which has the TC land use designation of the PRSP. East of the development site is the Enterprise Auto Rental lot which also has the TC land use designation. A location/zoning vicinity map is included as Attachment B. The PRSP was adopted in December 2017 to encourage redevelopment of the Poway Road corridor and envisioned an "economically vibrant, family oriented, social, and cultural center for Poway, a unique destination that serves the community through thoughtful design, unique shopping and dining experiences, lively activities, and a mix of housing types." The project has had two Predevelopment Conferences (PDC) with the City Council, one neighborhood open house with the applicant, and one neighborhood meeting hosted by the City, but moderated by the applicant. A brief summary of these are as follows: March 6, 2018 Predevelopment Conference A PDC was presented to City Council on March 6, 2018, and consisted of a nine-building mixed use development with 216 multi-family residential condominiums, 13,000 sf of commercial space and a 2,000 sf public plaza. The proposal included four-story buildings and provided 399 parking spaces. During the meeting, the City Council requested that the developer consider the following (partial): 1. A more balanced mix of commercial and residential 2. A right turn lane in (a deceleration lane) 3. Increased open space 4. Increased community benefits 5. More parking 6. A buffer for adjacent residents 7. Enhancements to the streetscape and 8. Incorporation of more "Poway" ideals The City Council also emphasized the importance of the applicant reaching out to the community if a future application was to be considered. December 10, 2019 Neighborhood Open House A neighborhood open house was held on December 10, 2019, and the applicant invited residents within 500 feet of the project site. This proposal consisted of 221 multi-family residential condominium units within five buildings that induded 8,500 sf of commercial space and 7,700 sf of quasi-public space. The proposal included four-story buildings. At the open house, residents expressed their opinions of the project which included concerns related to excessive building height. September 15, 2020 Predevelopment Conference The second PDC was presented to City Council on September 15, 2020, for a modified version of the proposal that included 220 multi-family residential condominium units within five buildings, 9,300 sf of commercial space, and 7,700 sf of quasi-public open space. Four-story buildings and non-habitable, decorative towers that extended up to 56-feet tall along Poway Road as a part of the commercial components were included as part of this version of the project. The proposal included 377 parking spaces which was a shortage of nine parking spaces that would be required under the PRSP. The City Council expressed concern regarding lack of public outreach, limited parking and commercial space, excessive building mass, limited community benefits, and the lack of activation/energizing of public spaces provided by the project to make a lively atmosphere consistent with Poway's community character. There were specific questions related to whether the new intersection is in fact a community benefit. 3 of 58December 1, 2020, Item #7November 5, 2020 Neighborhood Meeting For the second neighborhood meeting held virtually via Zoom on November 5, 2020, Fairfield further modified the project that was presented to the City Council for the September 15, 2020 PDC. The modified project reduced the number of multi-family residential condominium units to 212 (from 220). This resulted in a reduction of the parking requirement to 373 spaces and the project increased the number of parking spaces provided by three to 376 spaces resulting in an excess of three parking spaces. The proposal also increased the amount of commercial space by 1,100 sf, eliminated the overheight decorative towers along Poway Road, decreased the overall height of the buildings including the screen walls for the roof-mounted equipment, and added building stepbacks at the south ends of the four story buildings, to reduce the building mass and height closest to the residential neighborhood to the south. Finally, this proposal increased the area of the easterly outdoor plaza (quasi-public space) by 2,250 sf, through the extension of a deck over adjacent parking spaces, with these parking spaces now tucked-under the plaza deck. At the meeting, attendees expressed concerns regarding the building height, parking, traffic, property values, and using the TC internal drive aisle as a Poway Road by-pass. The applicant incorrectly stated the internal street would connect Civic Center Drive to Carriage Road. Project Description The project site consists of three properties totaling 7.37 acres. Two of these properties (6.60 acres) include the Carriage Center and Poway Fun Bowl buildings. These will be demolished and the lots will be consolidated. The Big 'O' Tire building at 12947 Poway Road (0.77 acres) which is located on the third property will remain. The proposed development includes five buildings. Two multi-family residential buildings are four stories and one building is three stories. The two four-story buildings now feature building height stepbacks and will be three stories immediately adjacent to the existing single-family residences to the south. The two mixed-use buildings along Poway Road include multi-family residential units above commercial spaces. These mixed-use buildings are split-faced foundations with three stories along Poway Road and four stories facing the interior of the project. A total of 212 market rate multi-family residential units (reduced from 220 units) are proposed including 20 studios, 87 one-bedroom units, 93 two-bedroom units, and 12 three-bedroom units (201,263 sf of total floor area). The maximum number of dwelling units allowed for the site is 231 dwelling units. Private amenities for the residential units include a dog park (which will also be open to the public), a pool, playground, outdoor living room areas, and outdoor dining areas with grills. The proposal includes a subdivision map which will allow the commercial and residential units to be sold as condominiums, but the applicant states the intention is to hold the properties as rental apartments. The project will not contain any affordable housing units. The commercial component of the mixed-use development consists of 11,364 sf (increased by 1,100 sf) and will include retail and a minimum of two restaurants with ample outdoor seating. Additionally, the project will feature 9,955 sf of quasi-public space as an amenity for the public to use (increased by 2,250 sf). A portion of the easterly open space plaza will now be built on a deck that will extend over adjoining parking spaces. To make the design of this quasi-space more unique to Poway, oak trees were added, along with log and boulder sitting and child-friendly climbing areas. A child-friendly water feature was also added to this open space plaza. These elements create a natural playground for children with easy viewing for parents. The child-friendly elements are also placed away from Poway Road for safety purposes. This larger plaza is also open to the outdoor dining areas and public art remains a part of this plaza area. 4 of 58December 1, 2020, Item #7A new intersection is proposed at Carriage Heights Way and Poway Road in order to allow for a mid-block crosswalk on Poway Road, improve accessibility to the project, and to improve level of service for vehicle trips. This will allow the residents of the Carriage Heights Condominiums to turn eastbound on Poway Road and cross the street to the new commercial and open space amenities. Poway Road streetscape improvements include new sidewalks, street trees, a bus stop shelter, and new median landscaping. As an additional community benefit, the developer is also now contributing an additional $106,000, or $500 per unit, towards capital improvements along Poway Road as specified in the PRSP. The parking lot at the Big 'O' Tire Center will also be redeveloped to accommodate drive aisles for the new intersection, parking, and landscape. The Big 'O' Tire Center is currently overparked and with the exterior site improvements, 17 spaces may be utilized by the project. A project justification letter is included as Attachment C. The proposed site plan is included as Attachment D. Conceptual landscape plans are included as Attachment E. Design The five buildings included within the proposed development includes Spanish mission architecture with red tile mansard roofs that screen roof-mounted equipment. The commercial storefronts will feature arched windows and individual accents to distinguish the commercial components from the residential portion of the project. The storefront designs will provide variation and contribute to an interesting pedestrian streetscape. The residential buildings have arched openings, decorative trim and accent colors to provide visual interest and break up the mass and bulk of the buildings. The architecture utilizes earth tone colors and materials that provide compatibility in materials and colors with buildings in the surrounding area. A color and materials board is included as Attachment F. The architectural elevations for the five buildings are included as Attachments G through I. Parking With the allowance for commercial parking spaces to be shared with required guest parking spaces for residential components of mixed-use developments in the PRSP, the parking requirement for this proposal is 373 parking spaces. There are 365 spaces proposed on-site, however, when future internal street connections are implemented, 359 spaces will be provided. The adjoining Big 'O' Tire Center parking lot is included in this proposal and will be reconfigured to provide 17 parking spaces in addition to the parking spaces required for the Big 'O' Tire Center (16 spaces). With these 17 parking spaces available to the project a total of 376 parking spaces are proposed. This results in a surplus of three parking spaces. Community Benefits The PRSP provides two tiers of incentives that allow additional height and density. To utilize the maximum incentives, the development must include a lot consolidation and provide three community benefits selected from a menu of community benefits listed in the PRSP. These incentives are subject to City Council approval and the applicant may propose other community benefits for review and consideration by the City Council. Since the site is located on a down-slope from Poway Road (below Poway Road grade level), the PRSP allows for a density of 35 dwelling units per acre along with buildings up to four-stories with a building height up to 45 feet with the inclusion of three community benefits. The applicant is requesting the maximum building height incentive with up to four-stories and up to 45 feet high and a density of 32.12 dwelling units per acre. The applicant is proposing the following community benefits supported by staff to justify the proposed incentives: 5 of 58December 1, 2020, Item #7Lot Consolidation The applicant will be consolidating the Carriage Center and Poway Fun Bowl site. Through this consolidation, six driveway entrances on Poway Road will be reduced to two entrances. The reduction of driveways will improve traffic flow on Poway Road and will also improve pedestrian and bicyclist safety along this section of Poway Road. Restaurant Row The mixed-use development will permanently reserve two spaces for restaurants with a combined seating total of 80 seats. The PRSP defines a "restaurant row" as two or more restaurants within a project. By providing the restaurant row, the development will contribute to the PRSP efforts to promote economic vitality by creating additional restaurant and retail space. Quasi-Public Space The applicant's proposal exceeds the minimum requirement of 2,000 sf of contiguous quasi-public space by incorporating the easterly 8,840 square-foot plaza (Plaza 2) that will front Poway Road. An additional westerly plaza (Plaza 1) also fronting Poway Road will increase the total quasi-public space to 9,955 sf. These areas will be open to the public contributing to the City's efforts to create a more attractive pedestrian environment along Poway Road. The maintenance responsibility for the quasi-public space will be the responsibility of the applicant. As mentioned previously, this area will reflect rustic Poway, by incorporating Oak trees and child-friendly boulders and fallen logs for climbing and seating, and a child-friendly water feature. A public art piece will also be incorporated into the plaza. Contribution to a Community Benefits Fund and Poway Road Improvements The PRSP lists a contribution to the Community Benefits Fund as an allowed community benefit. The Community Benefits Fund can be established to fund significant streetscape and mobility improvements such as lane restriping, median and sidewalk enhancements, additional traffic signal and pedestrian crossings, undergrounding utilities, and parklets among other improvements on Poway Road. The applicant is proposing to contribute $106,000 ($500 per unit) to the Community Benefits Fund. This payment will be in addition to all required development impact fees. Appropriation of revenue collected in the Community Benefit Fund will be determined through the annual budget and Capital Improvement Program. The applicant is also proposing to add an additional traffic signal at its eastern driveway entrance that will align with Carriage Heights Way on the north side of Poway Road. The new intersection will provide a new pedestrian crosswalk within an existing 2, 100-foot long stretch of Poway Road. Additionally, other Poway Road streetscape improvements include new sidewalks, street trees, a bus stop shelter, and new median landscaping. With the additional Traffic Signal provided by the project, there will be six traffic signals between (and inclusive of) Community and Pomerado Roads. The Traffic Analysis submitted with the project analyzed the traffic impact of the project with the signalized intersection as a feature of the project. The Traffic Analysis concluded that the project and the additional signal will have a less than significant impact on the Level of Service (LOS) of the two closest signalized intersections to the project, which currently operate with a LOS ranging from B-D, depending on the time of day. The additional traffic generated by the project will fall within the design threshold of Poway Road and each of the signalized intersections. 6 of 58December 1, 2020, Item #7Internal Street Improvements Enhancing and improving the safety of the pedestrian and bicycle experience was a substantial component of the PRSP. To assist in meeting the goals of the PRSP, the project proposes an easement for a future internal street system. The easement will connect to commercial properties to the east and west of the project site. The intent of internal street is to provide connections between parcels within the TC zone and also to the Community Park and Library. The Internal street will not connect to Carriage Road to be used as a Poway Road by-pass. The internal street will have several 90 degree turns through Poway Commons, a future project west of Poway Commons, and this Fairfield project and will function more like a drive aisle between the various developments. It will run from Civic Center Drive to Poway Road just east of the Arco station where the small commercial strip is located. These 90 degree turns offer traffic calming to slow vehicles and create a more pedestrian friendly environment. The internal street also provides connections to the proposed new intersection at Poway Road and Carriage Heights Way. Environmental Review: An Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality Act (CEQA) in conjunction with the PRSP, and was certified by the City Council on December 5, 2017 (PRSP EIR). The PRSP EIR analyzed the potential impacts of the proposed build out of the Poway Road Specific Plan area in the manner permitted by the Specific Plan. This Project is consistent with the PRSP and conforms with the requirements, development standards and guidelines therein, and, therefore, as set forth in Section 8.2 of the PRSP, no further environmental analysis is required because the project's impacts have already been analyzed, and are fully covered by the previously certified EIR. There are no significant changes proposed that would require subsequent or supplemental environmental review pursuant to Public Resources Code section 21166 and CEQA Guidelines sections 15162 and 15163. Fiscal Impact: Consistent with City Council's direction from the February 18, 2020 Council meeting in which Council discussed including a revenue analysis with proposed projects to help decision making, staff conducted a revenue analysis for the Fairfield project. Staff analyzed the potential ongoing revenues, such as property tax and sales tax, and excluded one-time revenues, such as transfer taxes. The data supporting staff's analysis came from a variety of sources. For example, the developer's agent provided estimated valuation and rental information. This information helped support the property tax and sales tax analysis. The valuation information helped determine the incremental increase in potential property tax revenue. Existing property tax revenues must be factored in since there are existing structures on the development site. The U.S. Bureau of Labor Statistics (BLS) Table 1203 provides annual expenditures by income level and expenditure type. The BLS data helped support the sales tax analysis for the housing portion of the project. Sales tax estimates for commercial buildings were created with the support of published information from the City's sales tax consultant, HDL. The project is projected to increase property tax revenues by $151,000 annually beyond what the City currently receives from the project site. Using BLS data, the residential portion of the project is projected to increase City sales tax revenues approximately $65,000 per year. The commercial portion of the development is projected to annually contribute between $30,000 and $59,000 in sales tax revenues based on the published HDL data for various business types and the types of anticipated 7 of 58December 1, 2020, Item #7businesses that will occupy the commercial space. The range in estimated commercial sales tax occurs because the potential uses can vary. Based on staff's analysis, between $246,000 and $275,000 in new annual revenue is estimated for the City of Poway. Preliminary information from the developer's agent suggests this revenue may be realized during Fiscal Year 2023-24. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, November 19, 2020. A public notice was mailed to property owners and occupants located within 500 feet of the project site. A public notice was also provided to neighborhood meeting attendees requesting further notification. Two PDC and two neighborhood meetings were conducted as a part of this project. Attachments: A. City Council Resolution -Tentative Tract Map (TTM) 20-003 and Development Review (DR) 20-002 B. Land Use and Location Map C. Project Justification Letter D. Site Plan E. Conceptual Landscape Plan F. Color and materials board G. Buildings 4 and 5 Elevation H. Building 3 Elevation I. Buildings 1 and 2 Elevation Reviewed/ Approved By: Assistant City Manager Reviewed By: Alan Fenstermacher City Attorney App roved By: City Manager 8 of 58December 1, 2020, Item #7RESOLUTION NO. 20-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 20-003 AND DEVELOPMENT REVIEW 20-002 FOR A MIXED-USE DEVELOPMENT PROJECT WITHIN THE POWAY ROAD SPECIFIC PLAN, TOWN CENTER DISTRICT. ASSESSOR PARCEL NUMBERS: 317-490-55 and 317-490-69 WHEREAS, on December 1, 2020 the City Council considered Tentative Tract Map (TTM) 20-003 and Development Review (DR) 20-002; a proposed mixed-use development project including the construction of 212 residential units, 11,364 square feet (sf) of commercial space, and approximately 9,955 sf of quasi-public open space that is privately owned and publicly accessible on the south side of Poway Road, west of Civic Center Drive and east of Carriage Road within the Town Center (TC) District of the Poway Road Specific Plan (PRSP) with related site and public street improvements (project hereinafter); WHEREAS, on December 1, 2020, the City Council held a duly advertised public hearing to receive testimony from the public, both for and against, relative to this matter; 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; and WHEREAS, the approved development plans are incorporated by reference herein as Exhibit A to this Resolution available on file in the Development Services Department, including the site and landscape plans and the architectural and civil drawings. 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: An Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality Act (CEQA) in conjunction with the PRSP, and was certified by the City Council on December 5, 2017 (PRSP EIR). The PRSP EIR analyzed the potential impacts of the proposed build out of the PRSP area in the manner permitted by the Specific Plan. The City Council finds, in its independent judgement, that this project is consistent with the PRSP and conforms with the requirements, development standards and guidelines therein, and, therefore, as set forth in Section 8.2 of the PRSP, no further environmental analysis is required because all of the project's impacts have already been analyzed in, and are fully covered by the previously certified EIR. The City Council further finds, in its independent judgement, that the project does not result in any significant changes that would allow subsequent or supplemental environmental review pursuant to Public Resources Code section 21166 and CEQA Guidelines sections 15162 and 15163. A Notice of Determination shall be filed upon approval. These findings are based on substantial evidence in the administrative record of proceedings, which includes but is not limited to the following: A. The PRSP EIR, appendices, documents incorporated by reference therein, transcripts of public meetings, and other related documents. ATTACHMENT A 9 of 58December 1, 2020, Item #7Resolution No. 20-Page 2 B. The June 9, 2020 access analysis prepared by Linscott, Law & Greenspan for the project, shows that it will result in 1,998 average daily trips (ADTs), 152 a.m. peak hour trips, and 17 4 p.m. peak hour trips, which is consistent with the traffic levels that the PRSP EIR assumed would be generated by the development of the Project site pursuant to the PRSP. C. The July 11, 2019, Phase I Environmental Site Assessment prepared by Advantage Environmental Consultants, LLC for the project, revealed no evidence of recognized environmental conditions in connection with the site. D. The July 2020 Historical Resource Evaluation Report prepared by LSA prepared for the project, found that all existing buildings on the project's site are ineligible for designation as a historic resource per local, state and national criteria. SECTION 3: The City Council finds that the proposed project is consistent with the PRSP generally, including the TC District designation, and further, the proposed project qualifies for Tier 2 height and density bonuses (Table 3-4) because the project includes lot consolidation as that term is used in the PRSP. Therefore, the City Council finds that the proposed project will result in the following: A. Creation of a distinct and vibrant Town Center with a mix of commercial and residential uses. 8. Redevelopment of an infill site that will create a mix of compatible and complementary uses. C. Development of residential units that are located in proximity to civic, retail and commercial service D. Provision of appropriate community benefits identified in the PRSP: 1. Creation of a total of 9,955 sf quasi-public open space that will be a vital community resource that provides a place to sit and relax, gather, and enhance pedestrian activity, and host community events. 2. Creation of a neighborhood restaurant row that consists of two restaurants that will have a combined seating for at least 80 patrons. The neighborhood restaurant row will contribute to economic vitality and provide ground floor space permanently reserved for neighborhood restaurants/cafes within the TC District. 3. A contribution of $500 per dwelling unit ( $106,000 based on 212 dwelling units) to a Community Benefit Fund that will be established to implement the PRSP. The fund may be used for significant streetscape and mobility improvements including, but not limited to streetscape improvements include lane restriping, median and sidewalk enhancements, additional traffic signal and pedestrian crossings on Poway Road, undergrounding utilities, and parklets, among other improvements. E. Development of residential units that are located in proximity to civic, retail and commercial service uses. F. The project provides exemplary design and directly implements objectives of the PRSP. 10 of 58December 1, 2020, Item #7Resolution No. 20-Page 3 G. The project provides transportation demand measures that reduce vehicle trips including: a) provides opportunities to live, work and play within the immediate vicinity, b) provides access to adjacent bus-stops with new shelter improvements, c) provides pedestrian connectivity to surrounding land uses, d) creates a neighborhood park and commercial mixed use opportunities, and e) provides public and private bicycle racks. SECTION 4: The findings, in accordance with the State Subdivision Map Act (Government Code Section 66410 et. seq.) for TTM20-003, are made as follows: A. The TTM is consistent with the General Plan, in that it proposes to create residential and commercial units at a density consistent with the General Plan, Poway Municipal Code (PMC), and PRSP. B. The design and improvements required of the TTM are consistent with the General Plan and PRSP, in that the approved density and lot size and configuration adheres to the standards of the General Plan and PRSP. C. The site is physically suitable for the type of development and the density proposed, in that the site is large enough to accommodate the proposed density. D. The design of the TTM is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat, in that the proposed project will be developed in accordance with City and other governmental agency requirements and mitigation measures will be incorporated pursuant to the PRSP EIR and the proposed project is within a previously disturbed property that was developed with a shopping center and bowling alley building. E. The approval of the TTM is not likely to cause serious public health problems in that City water and sewer service will be provided to the project. F. The design of the TTM will not conflict with any easement acquired by the public at large, now on record, for access through or use of the property within the subdivision in that the ultimate development of the site with residences can be accommodated without obstructing or otherwise impacting existing easements, except that an access easement is being relocated. All other public easements are currently not being utilized by the and are proposed to be quitclaimed. SECTION 5: The findings for DR20-002, in accordance with the PMC 17.52.010 Purpose of DR, are made as follows: A. The project has been designed to be architecturally compatible with surrounding development and conforms to the PRSP development standards and design guidelines. There are five buildings that are each designed with matching exteriors that are consistent with the other projects in the vicinity on Poway Road. The stucco exteriors, wood trim, and accents will feature earth tone colors which is 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. B. The project has been designed to minimize impacts on surrounding development by utilizing a compatible architectural design consistent with the PRSP. The buildings were designed to complement other building in the TC district. Therefore, the proposed 11 of 58December 1, 2020, Item #7Resolution No. 20-Page 4 development respects the public concerns for the aesthetics of development, and encourages the orderly and harmonious appearance of structures and property within the City. C. The granting of the DR would not be materially detrimental to the public health, safety or welfare within the community since the proposed development will complete improvements necessary for the mixed-use development. D. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan and the PRSP. E. In accordance with Table 3-4 of the PRSP, the project includes a Tier 2 Height and Density Bonus with the Selection of the following Community Benefits: Public Open Space, a Neighborhood Restaurant Row, and a Contribution to the Community Benefits Fund. These bonuses are granted as a part of the project approval. SECTION 6: The findings, in accordance with Government Code Section 66020 for the public improvements needed as a result of the proposed development to protect the public health, safety and welfare, are made as follows: A. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as City Ordinances, because all necessary facilities will be available to serve this 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 further described in the conditions of approval. 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 7: The City Council hereby approves TTM20-003 and DR20-002, as shown on the approved plans incorporated by reference and stamped as "Exhibit A" dated December 1, 2020 (Exhibit A hereinafter) on file with the City, except as noted herein and subject to the following conditions: A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including reasonable attorney's fees, collectively the "Claims" against the City or its agents, officers, or employees, relating to the issuance of any aspect of the 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 TTM20-003 and/or DR20-002) 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 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, 12 of 58December 1, 2020, Item #7Resolution No. 20-Page 5 but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. Notwithstanding the foregoing, no indemnity shall be required for claims resulting from the exclusive gross negligence or willful misconduct of the City. B. This approval is based on the existing site conditions and proposed project details represented on the approved plans stamped "Exhibit A" and on file at the Development Services Department. If actual conditions and details vary from representations on Exhibit A, the approved plans must be changed to reflect the existing site conditions and proposed project details. Any substantial changes to the approved plans must be approved by the Director of Development Services and may require approval of the City Council if the Director of Development Services finds that the proposed changes do not substantially conform to approved plans. C. The developer is required to comply with the Poway Noise Ordinance (Chapter 8.08 PMC) requirements that govern construction activity and noise levels. D. Prior to issuance of any permit, the applicant shall (1) submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant Regarding Real Property notarizing and recording said document. In order for the City to prepare the Covenant the applicant must first submit a legal description of the subject site. E. The proposed project shall comply with all mitigation measures established under the certified FEIR for the PRSP as specified in the Mitigation Monitoring and Reporting Program (MMRP). F. 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. G. Prior to Final Map approval, unless other timing is indicated, the following conditions shall be complied with: (Engineering) 1. Within thirty (30) days after tentative map approval, the applicant shall submit in writing to the City's Planning Division that all conditions of approval have been read and understood. 2. This approval is based on the existing site conditions represented on the approved tentative map. If actual conditions vary from representations, the approved tentative map must be changed to reflect the actual conditions. Any substantial changes to the tentative map must be approved by the Director of Development Services and may require approval of the City Council. 3. The final map, together with the supporting data and documentation, shall be submitted to Engineering Division for review and approval. The appropriate map checking fee shall be paid by the applicant. 4. The final map shall conform to City standards and procedures, the City Subdivision 13 of 58December 1, 2020, Item #7Resolution No. 20-Page 6 Ordinance, the latest edition of the Subdivision Map Act, and the Land SuNeyors' Act, and all other applicable laws, regulations and ordinances. 5. An easement for public access for a future road (internal street) as shown on the tentative map shall be dedicated on the final map. 6. A covenant shall be notarized and recorded to the satisfaction of the Director of Development Services regarding the requirement for the Town Center internal street and the design of the internal street connection at the eastern and western boundaries of the site. The covenant shall include that this connection shall be redesigned in order to accommodate an internal street in compliance with Chapter 5.10 of the Poway Road Specific Plan. The covenant shall also include that this connection of the internal street will result in a loss of parking spaces. 7. Existing easements that are no longer required by the City shall be vacated on the final map. 8. Easements will be required for all public facilities and access onsite. This may include, but is not limited to, utilities, streets, sidewalks, and elevators. 9. Applicant shall enter into a Private Road Maintenance Agreement for the private roads within the subdivision. The form and content shall be in a form satisfactory to the City Attorney. 10. If there is an instrument for Covenants, Conditions, and Restrictions (CC&R), which addresses construction and maintenance of the private road, slopes, utilities, drainage, or accesses in the subdivision, said CC&R shall be reviewed by the City prior to recordation. 11 . A mylar copy of the Final Tract map shall be provided to the City within three months of its recordation or prior to building permit issuance, whichever comes first. A cash deposit to the City, in an amount equivalent to $100.00 per sheet of the Tract Map, for the mylar reproduction of the recorded Tract Map shall be posted. 12. Within thirty days after City Council approval of the Final Tract Map, the subdivider shall pay the City the sewer connection fee. 13. The applicant shall pay the drainage impact development fee in effect at the time of subdivision. 14. Improvement plans prepared on a City of Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City's project engineer, in accordance with the submittal and content requirements listed in the PMC shall be approved. Submittal shall be made to the Department of Development Services Engineering Division for review and approval. The improvement design shall be 100 percent complete at the time of submittal and ready for approval. The tentative map does not include all of the required public improvements. The improvement plan shall include, at a minimum, the following features: a. The proposed traffic signal at Carriage Heights Way and Poway Road. The 14 of 58December 1, 2020, Item #7Resolution No. 20-Page 7 traffic signal shall be compatible with and capable of handling adaptive signal facilities (to be installed in the future). The existing medians in Poway Road shall be modified as necessary to provide proper queuing for left turn lanes on Poway Road at the signalized intersection. The median opening at the existing driveway entrance on the west side of the project shall be removed and replaced with raised, landscaped median. b. Public water improvements as shown on the approved tentative map. c. Public sewer improvements as required by the approved sewer study. Prior to the first submittal of the improvement plans, the applicant will be required to field-verify the existing sewer system (material, size, and slopes of the laterals and downstream mains) that the project is proposing to connect to so that the City can evaluate the required sewer improvements. The sewer study shall be updated to include the field findings and it shall be resubmitted with the first improvement plan submittal. The City will evaluate the sewer improvement requirements based on the updated sewer study and field findings. d. Proposed street lights along the streets fronting the project parcels. The location and type of street light shall be coordinated and approved to the satisfaction of the City Engineer. e. A City standard bus shelter with seating and trash receptacle at the location determined by the Metropolitan Transit System (MTS) and the City. An accessible slated bench with non-sleep bars and a trash receptacle per EDCO standards will be required. A turn-out is not required, however, this requires a concrete sidewalk pad adjacent to the curb (no landscaping between) that measures a minimum eight to ten feet deep and 25 feet long, with a maximum two percent slope from curb to back of sidewalk. Ensure that the path of travel between the bus stop and the intersection (and crossing) is accessible (ADA compliant). Submit improvement plan to MTS for review and approval of proposed bus stop improvements. f. Additional public improvements along street frontage adjoining project parcels and adjacent to the proposed signal location may also include but are not limited to: driveway improvements, Americans with Disabilities Act (ADA) accessibility improvements, traffic improvements, street/bike lane/crosswalk striping, enhanced crosswalk paving, curbs, gutters, sidewalks, utilities, street trees and landscaping. 15 The project requirements for fire protection specify the installation of fire hydrants and expansion of the water system necessary to support the installation of the hydrants. A Water System Analysis may be required for final design of the proposed water system expansion. Applicant shall pay for the cost of preparing the analysis prior to submittal of improvement plans. 16. The public improvement plan shall be reviewed and approved to the satisfaction of the City Engineer. Upon approval of the improvement plan, 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. 15 of 58December 1, 2020, Item #7Resolution No. 20-Page 8 17. 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 appropriate fees shall be paid prior to permit issuance. 18. 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. 19. A fair share payment shall be required towards future adaptive signalizing efforts for traffic signals along Poway Road between Carriage Road and Community Road. The fair share payment shall be determined through an engineering study prepared by a certified traffic engineer and subject to approval by the Director of Development services. (Planning) 20. The applicant shall provide the $106,000 contribution to the Community Benefit Fund ($500/dwelling unit) as one of the incentives to allow increased height and density for the project. 21. The formation of a homeowner's association (HOA) with maintenance responsibilities is required, unless project site is under single ownership (Single-Owner hereinafter). Provide a Maintenance Exhibit for all site areas clearly indicating the responsible maintenance entities (Single-Owner or HOA, City, other). 22. Notarize and record an access agreement for residents, guests, retail and plaza users to have access to all publicly accessible areas (e.g., dog park, retail, restaurants, plazas), including the Town Center interior street, the pedestrian corridor, quasi-public open space, and parking areas and drive-aisles to be reviewed and approved to the satisfaction of the Director of Development Services. This agreement shall be adhered to by the Single-Owner or HOA and incorporated into the CC&Rs if applicable to the satisfaction of the Director of Development Services. 23. Permanent deed restrictions shall be executed restricting future development of the quasi-public open space to the satisfaction of the Director of Development Services. 24. The property owner shall notarize and record an agreement not-to-oppose the formation of a future assessment district to fund public facilities and improvements that directly benefit property owners in the district (e.g., Community Facilities Districts (s), Landscape and Lighting District(s), Maintenance Assessment District(s), and Enhanced Infrastructure Financing District(s)). 25. The property owner shall notarize and record an agreement not-to-oppose the formation of a future business or property-based business improvement district in which businesses or property owners respectively are required to pay an additional levy to fund projects within the District's boundaries. 16 of 58December 1, 2020, Item #7(Public Works) Resolution No. 20-Page 9 26. The applicant shall annex the properties into the appropriate Lighting Districts prior to recordation of the final map. H. Prior to Grading Permit issuance, unless other timing is indicated, the following conditions shall be complied with: (Engineering) 1. If the project will be phased, the applicant will be responsible for presenting the phasing plan to the satisfaction of the City Planner and City Engineer. The applicant may be required to enter a covenant to establish the timing of the installation of public and private improvements. 2. 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. 3. Submit a precise grading plan for the development, including private utilities, prepared on a City of Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City project engineer. The grading plan shall show the proposed private utilities (sewer and domestic water) for reference only. Storm drain, and fire water (non-building systems) will be permitted and inspected per the grading plan set. Submittal of the precise grading plan shall be made to the Department of Development Services Engineering Division for review and approval. The grading design shall be 100 percent 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 PMC shall be submitted. 4. Since the project is proposing private utilities, a separate submittal for private utilities will need to be made with the Building Department. The Building Department must approve the plans prior to construction of any of the private utilities. Coordination shall be done directly with the Building Department. Depending on construction phasing, it may be beneficial to submit these concurrently with the grading plan submittal so that all utilities are permitted at the same time. It shall be noted that if the City has to do any emergency maintenance on the private utility system, the City will not be held liable or responsible for any damage. Costs incurred by the City for emergency maintenance may be charged to the Single-Owner and/or HOA. Clear access to City meters and appropriate access easement is required. 5. Curb stops will be required on all parking stalls and shall be shown on the grading plans. 6. Fall protection fencing shall be required at the top of retaining walls and slopes as 17 of 58December 1, 2020, Item #7Resolution No. 20-Page 10 required by the California Building Code and PMC. Fall protection fencing shall be shown on the grading plans. 7. Applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the site plan and be appropriately sized for the proposed level of development. 8. Water Quality Control -Drainage and Flood Damage Prevention A drainage study addressing the impacts of the 100-year storm event prepared by a registered 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. 9. 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. A Final Storm Water Quality Management Plan (SWQMP) prepared by a registered Civil Engineer is to be submitted and approved. The applicant will be required to install approved trash treatment control devices and include these facilities in the SWQMP. a. Property owner shall execute an approved Storm Water Management Facilities Maintenance Agreement (SWFMA) accepting responsibility for all structural BMP maintenance, repair and replacement as outlined in the Operations and Maintenance plan. The easement and operation and maintenance requirements shall be binding on the land as outlined in Chapter 16.104 of the PMC. b. Provide one copy of each of the exhibits necessary for the SWFMA. Exhibits shall include but are not limited to: Property and Easement Legal Descriptions, Site Plan, and an Operation & Maintenance (O&M) plan in accordance with Chapter 16.104 of the PMC. c. Upon approval of the SWQMP, provide a PDF version. 10. Water Quality Control -Construction Storm Water Management Compliance Proof of coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit, 2009-0009-DWQ, as amended by order 2010-0014) shall be provided to the City along with a copy of the Storm Water Pollution Prevention Plan (SWPPP). 11. Grading securities shall be posted with the City prior to grading plan approval per Chapter 16.46 of the PMC. A minimum cash security of $2,000 is required in all instances. 12. The applicant shall pay the storm water pollution inspection fee according to the latest adopted master fee schedule. 13. Following approval of the grading plans, posting of securities and fees, and receipt 18 of 58December 1, 2020, Item #7Resolution No. 20-Page 11 of four copies and one scan 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. The applicant's action plan that identifies measures to be implemented during construction to address erosion, sediment and pollution control will be discussed. Compliance for sediment control shall be provided as directed by the project inspector. 14. Prior to start of any work within a City-held easement or right-of-way, 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. 15. Construction staking is to be inspected by the Engineering Inspector prior to any clearing, grubbing or grading. As a minimum, all protected areas as shown on the approved grading plans are to be staked under the direction of a licensed land surveyor or licensed civil engineer and delineated with lathe and ribbon. As applicable, provide two copies of a written certification, signed and sealed in accordance with the Business and Professions Code, by the engineer of record stating that all protected areas have been staked in accordance with the approved plans. 16. If the disposal of groundwater is necessary during construction, a dewatering plan shall be submitted for review and approval. Extracted groundwater should be discharged to surface waters under the current general National Pollutant Discharge Elimination System (NPDES) permit adopted by the California Regional Water Quality Control Board (RWQCB). Proof of coverage under this permit will be required. To protect water quality in the San Diego area, the City recognizes that it may be necessary to accept discharges of extracted groundwater to the sewer system. Discharges to the sewer system will only be allowed if it is determined that discharge of this wastewater into the sewer system is the most appropriate and prudent disposal alternative and when sufficient hydraulic and treatment plant capacity is available to allow such discharges into the sewer system. 17. Easements shall be dedicated or letters of permission from property owners and/or easement holders shall be provided for any proposed work within properties or easements not owned by or granted to the applicant. (Planning) 18. In accordance with Mitigation Measure 810-1 of the PRSP EIR, all construction-related activities (including but not limited to mobilization and staging, clearing, grubbing, vegetation removal, fence installation, demolition and grading) should occur outside the avian nesting season (generally prior to February 1 to August 31 or according to local requirements), all suitable habitats located within the project's area of disturbance including staging and storage areas plus a 250-foot (passerines) and 1,000-foot (raptor nests) buffer around these areas shall be thoroughly surveyed, as feasible, for the presence of active nests by a qualified biologist no more than five days before commencement of any site disturbance activities and equipment mobilization. If project activities are delayed more than five days an additional nesting bird survey shall be performed. Active nesting is 19 of 58December 1, 2020, Item #7Resolution No. 20-Page 12 present if a bird is sitting in a nest, a nest has eggs or chicks in it, or adults are observed carrying food to the nest. The results of the surveys shall be documented. If it is determined that the birds are actively nesting within the survey area, Condition Number G.20 (Mitigation Measure 810-2 of the PRSP EIR) below shall apply. 19. In accordance with Mitigation Measure 810-2 of the PRSP EIR, if pre-construction nesting bird surveys result in the location of active nests, no site disturbance and mobilization of heavy equipment (including but not limited to equipment staging, fence installation, clearing, grubbing, vegetation removal, fence installation, demolition, and grading), shall take place within 250 feet of non-raptor nests and 1,000 feet of raptor nests, or as determined by a qualified biologist in consultation with the California Department of Fish and Wildlife, until the chicks have fledged. Monitoring shall be required to ensure compliance with the M8TA and relevant California Fish and Game Code requirements. Monitoring dates and findings shall be documented. 20. In accordance with Mitigation Measure 810-3 of the PRSP EIR, prior to the removal of mature trees and existing buildings, a preconstruction survey for maternity (March 1 to August 1) or colony bat roosts (year-round) shall be conducted by a qualified biologist within seven days prior to activities that remove trees or structures. If an occupied maternity or colony roost is detected, CDFW shall be contacted about how to proceed. Typically, a buffer exclusion zone would be established around each occupied roost until bat activities have ceased. The size of the buffer would take into account: a. Proximity and noise level of project activities b. Distance and amount of vegetation or screening between the roost and construction activities c. Species-specific needs, if known, such as sensitivity to disturbance Due to restrictions of the California Health Department, direct contact by workers with any bat is not allowed. The qualified bat biologist shall be contacted immediately if a bat roost is discovered during project construction. 21. In accordance with Mitigation Measure CUT-4 of the PRSP EIR, a qualified professional archaeologist shall be retained who meets U.S. Secretary of the Interior's Professional Qualifications and Standards, to conduct an Archaeological Sensitivity Training for construction personnel prior to commencement of excavation activities. The training session shall be carried out by a cultural resource professional with expertise in archaeology who meets the U.S. Secretary of the Interior's Processional Qualifications and Standards. The training session would include a handout and focus on how to identify archaeological resources that may be encountered during earthmoving activities and the procedures to be followed in such an event, those duties of archaeological monitors, and, the general steps a qualified professional archaeologist shall follow in conducting a salvage investigation if one is necessary. 20 of 58December 1, 2020, Item #7Resolution No. 20-Page 13 22. In accordance with Mitigation Measure CUT-5 of the PRSP EIR, if archaeological resources are encountered, ground-disturbing activities shall be ceased, and the treatment plan shall be implemented. In the event that archaeological resources are unearthed during ground-disturbing activities, ground-disturbing activities shall be halted or diverted away from the vicinity of the find so that the find can be evaluated. A buffer area of at least 50 feet shall be established around the find where construction activities would not be allowed to continue until a qualified archaeologist has examined the newly discovered artifact(s) and has evaluated the area of the find. Work should be allowed to continue outside of the buffer area. All archaeological resources unearthed by project construction activities shall be evaluated by a qualified professional archaeologist, who meets the U.S. Secretary of the Interior's Professional Qualifications and Standards. Should the newly discovered artifacts be determined to be prehistoric, Native American Tribes/individuals shall be contacted and consulted, and Native American construction monitoring should be initiated. The developer and City shall coordinate with the archaeologist to develop an appropriate treatment plan for the resources. The plan may include implementation of the archaeological data recovery excavations to address treatment of the resource along with subsequent laboratory processing and analysis. 23. In accordance with Mitigation Measure CUT-6 of the PRSP EIR, periodic archaeological resources spot checks during grading and earth-moving activities in younger alluvial sediments shall be conducted. A qualified professional archaeologist who meets the U.S. Secretary of the Interior's Professional Qualifications and standards shall be retained to conduct periodic archaeological spot checks beginning at depths below two feet to determine if construction excavations have exposed or have a high probability of exposing archaeological resources. After the initial archaeological spot check, further periodic checks would be conducted at the discretion of the qualified archaeologist. If the qualified archaeologist determines that construction excavations have exposed or have a high probability of exposing archaeological artifacts, construction monitoring for archaeological resources would be required. The Applicant shall retain a qualified archaeological monitor who would work under the guidance and direction of a professional archaeologist, who meets the qualifications set forth by the U.S. Secretary of the Interior's Professional Qualifications and Standards. The archaeological monitor shall be present during all construction excavations (e.g., grading, trenching, or clearing/grubbing) into non-fill younger Pleistocene alluvial sediments. Multiple earth-moving construction activities may require multiple archaeological monitors. The frequency of monitoring shall be based on the rate of excavation and grading activities, proximity to known archaeological resources, the materials being excavated (native versus artificial fill soils), the depth of excavation, and if found, the abundance and type of archaeological resources encountered. Full-time monitoring could be reduced to part-time inspections if determined adequate by the project archaeologist. 24. In accordance with Mitigation Measure CUT-7 of the PRSP EIR, a report shall be prepared upon completion of monitoring services. The archaeological monitor, under the direction of a qualified professional archaeologist who meets the U.S. Secretary of the Interior's Professional Qualifications and Standards, shall prepare a final report at the conclusion of archaeological monitoring. The report shall be submitted to the Applicant, the South Coastal Information Center, the City, and 21 of 58December 1, 2020, Item #7Resolution No. 20-Page 14 representatives of other appropriate or concerned agencies to signify the satisfactory completion of the project and required mitigation measures. The report shall include a description of resources unearthed, if any, evaluation of the resources with respect to the California Register and CEQA, and treatment of the resources. 25. In accordance with Mitigation Measure CUT-8 of the PRSP EIR, the Applicant shall retain a professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology, shall conduct a Paleontological Sensitivity Training for construction personnel prior to commencement of excavation activities. The training would include a handout and would focus on how to identify paleontological resources that may be encountered during earthmoving activities, and the procedures to be followed in such an event; the duties of paleontological monitors; notification and other procedures to follow upon discovery of resources; and, the general steps a qualified professional paleontologist would follow in conducting a salvage investigation if one is necessary. 26. In accordance with Mitigation Measure CUT-9 of the PRSP EIR, periodic paleontological spot checks during grading and earth-moving activities shall be conducted. The Applicant shall retain a professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology to conduct periodic Paleontological Spot Checks beginning at depths below six feet to determine if construction excavations have extended into older Pleistocene alluvial deposits. After the initial Paleontological Spot Check, further periodic checks would be conducted at the discretion of the qualified paleontologist. If the qualified paleontologist determines that construction excavations have extended into the Puente Formation or into older Pleistocene alluvial deposits, construction monitoring for Paleontological Resources would be required. The Applicant shall retain a qualified paleontological monitor, who would work under the guidance and direction of a professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology. The paleontological monitor shall be present during all construction excavations (e.g., grading, trenching, or clearing/grubbing) into older Pleistocene alluvial deposits. Multiple earth-moving construction activities may require multiple paleontological monitors. The frequency of monitoring shall be based on the rate of excavation and grading activities, proximity to known paleontological resources and/or unique geological features, the materials being excavated (native versus artificial fill soils), and the depth of excavation, and if found, the abundance and type of paleontological resources and/or unique geological features encountered. Full-time monitoring can be reduced to part-time inspections if determined adequate by the qualified professional paleontologist. 27. In accordance with Mitigation Measure CUT-10 of the PRSP EIR, if paleontological resources are encountered, ground-disturbing activities shall be ceased, and the treatment plan shall be implemented. In the event that paleontological resources and or unique geological features are unearthed during ground disturbing activities, ground-disturbing activities shall be halted or diverted away from the vicinity of the find so that the find can be evaluated. A buffer area of at least 50 feet shall be established around the find where construction activities shall not be allowed to continue until appropriate paleontological treatment plan has been approved by the Applicant and the City. Work shall be allowed to continue outside 22 of 58December 1, 2020, Item #7Resolution No. 20-Page 15 of the buffer area. The Applicant and City shall coordinate with a professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology, to develop an appropriate treatment plan for the resources. Treatment may include implementation of paleontological salvage excavations to remove the resource along with subsequent laboratory processing and analysis or preservation in place. At the paleontologist's discretion, and to reduce construction delay, the grading and excavation contractor shall assist in removing rock samples for initial processing. 28. In accordance with Mitigation Measure CUT-11 of the PRSP EIR, upon completion of the paleontological monitoring activities, the professional paleontologist shall prepare a report summarizing the results of the monitoring and salvaging efforts, the methodology used in these efforts, as well as a description of the fossils collected and their significance. The report shall be submitted to the Applicant, the City, San Diego Natural History Museum, and representatives of other appropriate or concerned agencies to signify the satisfactory completion of the project and required mitigation measures. 29. Label and dimension all surface improvements (e.g., walkways, patios, landscape areas). 30. Show fencing, gates, and access to refuse areas and mechanical equipment, including HVAC systems. 31. All refuse areas shall have a trash enclosure as applicable and provide for recycling and compost bins (SB 1383). Refuse containers for residential uses shall be stored outside the front yard setback area behind fences with gated access. 32. 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. 33. All crosswalks and driveway entrances shall feature high-quality materials such as pavers, cobblestone, or patterned, stained, and scored concrete. At least five percent of the total area of any surface parking lot must be similar high-quality materials. Special colored paving treatments shall be incorporated at strategic locations along the Town Center internal street, all drive aisle crossings, and at entry driveways. 34. Grades exceeding 12 percent shall be concrete with deep broom finish perpendicular to the access driveway. 35. Landscape and irrigation plans shall be submitted for review and shall be approved · to the satisfaction of the Director of Development Services. The landscape and irrigation plans shall demonstrate compliance with the City of Poway Landscape 23 of 58December 1, 2020, Item #7Resolution No. 20-Page 16 and Irrigation Design Manual, Chapter 17.41 PMC and substantial conformance to the approved conceptual landscape plans, and all other applicable standards and ordinances in effect at the time of landscape and irrigation plan check submittal. To the satisfaction of the Director of Development Services, the landscape plans shall also provide the following: a. Calipers, heights, and spreads at 15-year maturity shall be specified on the landscape plan and shall be to the satisfaction of the Development Services Director. b. The 5-foot proposed landscape strip along the southerly property line shall include at a minimum every 10 feet a minimum one 15-gallon Strawberry Tree, Carolina Laurel Cherry, Photonia Fraseri, and/or similar species (screening trees) to obscure views from adjacent residents onto the project and vice versa to the satisfaction of the Development Services Director. c. A minimum of 10 percent of the net lot area shall be landscaped. Include a note for this requirement and an area calculation on the landscape plan. d. The site design and landscape materials should be low maintenance. e. The landscaping plan shall incorporate a minimum one 24-inch box tree for every 30 feet of frontage along the public right-of-way. f. A minimum of one 15-gallon tree, per City specification, shall be provided for every three parking spaces. 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. g. The ratio of 15-gallon trees to 24-inch boxed trees or larger shall be four to one (4:1). h. Oaks proposed on-site are subject to tree preservation requirements. i. The plans shall include shrubs to provide screening of the parking areas as seen from adjacent public streets. j. Special attention shall be given to provide landscaping that enhances the intersection corners. k. Please provide a small planter between the garages that can accommodate a vine of a shrub. Such planter areas shall be located every two or three garages per the approved plans stamped "Exhibit A" on file at the Development Services Department. I. The landscape plan for the quasi-public spaces shall reference at a minimum the following features, including areas and heights, as shown in the approved plans stamped "Exhibit A" on file at the Development Services Department to the satisfaction of the Development Services Director: water features, logs and boulders for sitting and climbing, play structures, shade structures, benches, picnic tables, crawl-through tree 24 of 58December 1, 2020, Item #7Resolution No. 20-Page 17 trunks, and game tables. There shall be at least one 24-inch box tree for every 300 sf of quasi-public space area. m. The removal of existing trees shall be replaced on-site with the planting of a similar sized tree of a species per the tree removal permit to the satisfaction of the Director of Development Services. The trees shall be planted per the approved landscape plans for the development project or if this project is abandoned, the trees shall be replaced according to a tree replacement planting plan reviewed and approved to the satisfaction of the Director of Development Services. i. A modification to the number or sizes of the tree replacement requirement may be approved by the Director of Development Services as part of the landscape plan review. Please provide a written request to modify this requirement that outlines the reasons of the request. ii. The replacement trees shall be planted prior to obtaining occupancy or within 24 months of their removal whichever comes first pursuant to the approved phasing plan to the satisfaction of the Director of Development Services. n. Art and murals can be used to add visual interest along a street corridor or within a district, and to celebrate history and culture. Original art and murals allow for creative expression and can be an attraction for visitors independent of stores and restaurants. Community members should be included in the development of original art to the extent possible. Review by the Department of Development Services is required to ensure the original art or mural is compliant with the PRSP and the PMC. o. The landscape and irrigation plan submittal are a separate submittal from other project plan check submittals and is made directly to the Planning Division. Contact the Planning Division for copies of applicable 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. Any landscaped areas within the public right-of-way shall be permanently and fully maintained by the owner of the private property adjacent to the public right-of-way where the improvements are located to the satisfaction of the Director of Development Services. 36. Per the incentives for the increased density and height allowances, a Deed Covenant shall be prepared that the public open space shall be remain accessible and useable by the public (i.e. no gate, wall, or other form of separation or restriction of access) from the public Right-of-Way, and that future use of the restaurant spaces identified in the approved plans stamped "Exhibit A" on file at the Development Services Department shall be restricted to restaurant or similar uses. The Deed Covenant shall be prepared to satisfaction of the Director of Development Services. 37. An off-site parking and reciprocal access agreement between the property owners 25 of 58December 1, 2020, Item #7Resolution No. 20-Page 18 of the Big 'O' parcel at 1294 7 Poway and the project site parcel shall be provided for the 17 parking spaces that the Big 'O' parcel is providing for the project. This agreement shall be prepared to the satisfaction of the Director of Development Services. 38. The one-way drive aisle south of the Big 'O' building shall have directional pavement and traffic signs as recommended by the Traffic Engineer. 39. Traffic signage including speed limits, parking restrictions, stop and yield signs etc. shall be shown on the grading plans. 40. A minimum 42-inch high fence, with no greater than two-inch openings is required adjacent to drops greater than 30 inches. 41. All freestanding and retaining walls shall be constructed with decorative blocks or a finish consistent with the approved plans stamped "Exhibit A" on file at the Development Services Department to the satisfaction of the Director of Development Services. 42. Any railing on top of a retaining wall that provides fall protection and all maintenance access gates in a freestanding wall must be constructed with decorative materials to the satisfaction of the Director of Development Services. 43. The public pedestrian corridor through the site must have pedestrian scale light fixtures. The light fixtures shall be consistent with other decorative lighting fixtures within the project. Lighting shall be complementary to the intended style/theme. Decorative lighting shall be provided at all entries. Lighting shall comply with PMC Section 17.08.220(L) except as otherwise noted herein. Parking lots, walkways and public plazas and open space areas shall be well lit for visibility and safety. 44. All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where necessary. Pad-mounted transformers and/or meter box locations shall be included in the site plan with any appropriate screening treatment. I. Prior to building permit issuance, unless other timing is indicated, the following conditions shall be complied with: (Engineering) 1. The final map shall be recorded and accepted by the City. 2. Condo maps shall be recorded prior to building permit issuance. 3. The site shall be developed in accordance with the approved grading plans on file with the Development Services Department and the conditions contained herein. Grading shall be in accordance with the California Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City. 4. Erosion control shall be installed and maintained by the developer from October 1 26 of 58December 1, 2020, Item #7Resolution No. 20-Page 19 to April 30. The developer shall maintain all erosion control devices throughout their intended life. 5. 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 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 Engineer. 6. 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 appropriate fees shall be paid prior to permit issuance. 7. The applicant shall pay all applicable development impact fees in effect at time of permit issuance (Planning) 8. Public street improvements shall be required (reference PRSP Chapter 5 and PMC 15.06.030) along Poway Road fronting the project consistent with the PRSP Chapter 5 Design Guidelines for Public Space and PMC 15.06.030 for all property frontages to the satisfaction of the Director of Development Services. This includes ADA compliant sidewalk transitions, bike lane markings, a median monument sign, wayfinding signs, street lighting, street trees (1 per 30 lineal feet), bicycle racks at property corners and adjacent to storefronts (three racks total), public seating (three total), trash and recycling receptacles (1 per 600 lineal feet), bus shelters, signage and seating, and new private drive entrances, and widened six-foot wide sidewalks (one-foot stamped and stained concrete). Landscape parkways and medians along property frontages shall be included into a Landscape Maintenance District (LMD) with maintenance funded by the project homeowner associations or a similar alternative where maintenance of public improvements is borne by the homeowner associations to the satisfaction of the Director of Development Services. Original art pieces are allowed on utility boxes to deter graffiti and enhance the streetscape until such time that utilities are placed underground. The public street improvements shall be secured or installed prior to issuance of any building permits. 9. The quasi-public space shall be improved and maintained by the Single-Owner or HOA. All walkways and seating shall be ADA compliant. The site design and landscape materials should be low maintenance. Include one 24-inch box tree for every 300 sf of surface area. The quasi-public space shall feature at a minimum the following features as shown in the approved plans stamped "Exhibit A" on file in the Development Services Department: water feature, logs and 27 of 58December 1, 2020, Item #7Resolution No. 20-Page 20 boulders for sitting and climbing, a play structure, a shade structure, picnic tables, a crawl-through tree trunk, adequate pedestrian-scale and area lighting, and game tables. The quasi-public space improvements shall be installed prior to building permit final (certificate of occupancy). Public seating shall be provided by the rate required by the PRSP (1 seat per 100 sf of open space). A drinking fountain and at least one trash and recycling receptacle shall be provided at each plaza. The art shall be a minimum 300 cubic feet, excluding footings and stands, and shall include a durable foundation and materials to the satisfaction of the Director of Development Services. Art shall be in compliance with design standards in Chapter 4.10 and 5.6 of PRSP. Art and murals can be used to add visual interest along a street corridor or within a district, and to celebrate history and culture. Original art and murals allow for creative expression and can be an attraction for visitors independent of stores and restaurants. Community members should be included in the development of original art to the extent possible. Review by the Department of Development Services is required to ensure the original art or mural is compliant with the PRSP and the PMC. 10. Commercial bicycle parking shall be provided at the rate of five percent of the commercial automobile parking requirement. Bicycle racks shall be located within 100 feet of a visitor entrance and readily visible to passers-by, preferably near building entrances and plazas. 11. The project shall feature ADA compliant ramps, stairways, and elevators. ADA access shall be provided to all project features, including the dog park, bus shelter, quasi-public and private open space, residential building entrances, and to the commercial components of the project. A separate ADA path of travel exhibit shall be submitted with the Building plans. 12. All architectural details shown on the approved plans stamped "Exhibit A" on file at the Development Services Department shall also be shown on the building plan check submittal. Any major modifications from the building and site design details not within substantial conformance to the approved plans will require a DR revision and City Council approval as determined by the Director of Development Services. 13. The building plans shall include details for all exterior lighting to demonstrate conformance with PMC Section 17.10.150(H); including, but not limited to, reflecting light downward, away from any road or street, and away from any adjoining residential development. Lighting shall be maintained in compliance with City standards by the applicant for the life of the project. A photometric analysis shall be provided after lighting installations to restrict light trespass and limit glare onto the adjacent public roads and onto existing neighboring properties to the satisfaction of the Director of Development Services. 14. The dog run shall be open to the public and have a non-restricted entrance. Signage restricting access to the dog run by the public is prohibited. 28 of 58December 1, 2020, Item #7Resolution No. 20-Page 21 15. The building plans shall include elevations and cross-sections that show all new roof-mounted appurtenances, including, but not limited to, air conditioning and vents, screened from view from adjacent properties, to the satisfaction of the Director of Development Services. Screening of utilities and mechanical equipment located on roofs is appropriate with architectural design elements such as the proposed Mansard Roof screen wall. 16. All residential units shall feature an interior bicycle rack area. If a unit has a garage, ceiling mounted bicycle parking sufficient for two bicycles shall be provided in the garage. Ceiling mounted storage racks, minimum 50 sf, shall be provided in each garage. Storage in corridors and assigned to units shall be consistent with the approved plans stamped "Exhibit A" on file with the Development Services Department. 17. Exterior building materials and finishes shall reflect the approved elevations on the approved plans stamped "Exhibit A" on file with the Development Services Department and the conditions of approval, and shall be noted on the building plans, to the satisfaction of the Director of Development Services. 18. Demolition of existing structures shall include investigations for lead and asbestos with appropriate mitigations prepared by certified professionals. 19. In accordance with Mitigation Measure GHG-1, the installation of wood-burning devices such as fireplaces, stoves and heaters shall be prohibited. 20. Electrical charging stations shall be provided at the rate required by the California Green Code. 21. The applicant shall pay the affordable housing in-lieu fee in effect at time of permit issuance. 22. Show building heights for the ground floor commercial shall provide 14-foot high interior clearance. 23. Ground mounted utility equipment shall be screened. 24. The building plans shall show all trash enclosures. The trash enclosures shall be adequately sized to contain the following waste streams: recyclables, organic waste, and trash. 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. (Building) 25. 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 California Green Code at time of submittal to the Building Division. All development shall comply with state structural calculations and seismic safety 29 of 58December 1, 2020, Item #7requirements. (Sheriff's Crime Prevention) Resolution No. 20-Page 22 26. Upon issuance of permits for grading, the applicant shall post and maintain adequate "no trespassing," signage on the properties, as well as file and maintain a current "Trespass Arrest Authorization form" with the Poway Sheriff Station, in order to allow for enforcement of unlawful access. During active construction, all work locations shall be adequately secured from access. 27. During active construction, all work locations are encouraged to add security cameras to maintain safety and security of the property during non-working hours to the satisfaction of the Sheriff's Crime Prevention Officer. Construction shall maintain an active list of all tools with make, model and serial number in case thefts occur after hours. Construction shall also consider adding engravings to declare ownership of tools or other materials. 28. The project shall be constructed according to Crime Free Multi-Housing standards. 29. The project shall create Neighborhood Watch and a Business Watch programs. J. Prior to occupancy, unless other timing is indicated, the following conditions shall be complied with: (Engineering) 1. The public improvements shall be installed and completed. 2. The driveway entrances along Poway Road will be required to provide enough clearance to prevent cars from bottoming out. This will also be applicable to the vertical curve at the bottom of the driveway that is to be used for the internal street. 3. 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. 4. 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. 5. An adequate drainage system around the new building pads capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector. 6. The stormwater facilities shall be complete and operational. 7. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to public and/or private improvements caused by construction activity from this project. 30 of 58December 1, 2020, Item #7Resolution No. 20-Page 23 8. All applicable easement dedications and maintenance agreements are to be recorded. 9. Two copies of record drawings, signed by the engineer of work, shall be submitted to Development Services prior to a request of occupancy, per Section 16.52.130B of the Grading Ordinance. Record drawings shall be submitted in a manner to allow the City adequate time for review and approval prior to issuance of occupancy and release of grading securities (at least three weeks prior to a request for occupancy is recommended). All other final reports and agreements, as outlined in Section 16.52.130 of the Grading Ordinance are to be approved. (Planning) 10. The Landscape and Site Plans shall indicate that sight distance restricted areas at intersections. Add a note that no landscape materials over 30 inches in height shall be placed in sight distance restricted areas. 11. Landscape, irrigation and exterior site amenities shall be installed prior to building permit final ( certificate of occupancy) except as otherwise determined by the Director of Development Services. All exterior amenities shall be reviewed and approved to the satisfaction of the Director of Development Services and substantially similar or of better quality than conceptual images provided prior to building permit issuance. 12. A Comprehensive Sign Program (CSP) for the Site, including the signage criteria for future commercial tenants, shall be submitted to the City and approved to the satisfaction of the Director of Development Services within four months of final approval of the first building. With the exception of commercial tenant signage, all other project signage shall be finaled prior to occupancy. A phasing plan for the project signage installation may be approved to the satisfaction of the Development Service Director. The project shall have an on-site wayfinding sign program. On-site signs shall clearly direct drivers and pedestrians into and out of parking areas and to the shopping areas and plazas and include lighted directories. The installation of signs shall be under a separate Sign Permit. 13. Signage shall be installed to distinguish which areas on the site are open to the public. K. The following requirements shall be completed or maintained to the satisfaction of the Director of Public Works: 1. The water and sewer system and associated equipment and facilities shall be located and designed per City standards and specifications for a public sewer and water system with standard valves and backflow prevention devices, including shut-off valves at each building and hydrant valves outside the spray zone, to the satisfaction of the Director of Public Works and the Director of Safety Services. The water and sewer system shall be privately maintained by the Single-Owner or the HOA with emergency access and repair rights to the facilities to the satisfaction of the Director of Public Works and the Director of Safety Services. A Hold Harmless Agreement shall be notarized and recorded for emergency access and repair by the City. Maintenance and certifications of the water and sewer system 31 of 58December 1, 2020, Item #7Resolution No. 20-Page 24 shall be as required by the Director of Public Works and the Director of Safety Services. 2. All new sewer manholes identified as private shall not have City of Poway name on them. All new sewer manholes identified as public shall have City of Poway name on them. 3. Abandon unused sewer laterals at the sewer main (at the "Y"). 4. All onsite sewer mains shall have property line cleanouts installed at edge of Right-of-Way on Poway Road or Carriage Road. The Sewer main for this project shall be designated as private, not public. 5. Prior to occupancy, a private Sewer Maintenance Agreement shall be notarized and recorded for the future repair and rehabilitation of the proposed private sewer. The City will provide the template for the agreement. 6. Prior to occupancy, notarize and record a maintenance agreement for the on-going maintenance of the private street and access improvements, parking and other proposed paved areas, fencing, landscape and irrigation (private and within the public right-of-way along the property's frontage), and recreational and other facilities as specified to be reviewed and approved to the satisfaction of the City Engineer and Director of Development Services. This maintenance agreement shall be adhered to by the Single-Owner or HOA and incorporated into the CC&Rs, if applicable to the satisfaction of the Director of Development Services and City Engineer. L. The following requirements shall be completed to the satisfaction of the Director of the Fire Department: 1. Fire Department access for use of firefighting equipment shall be provided to the immediate job construction site at the start of construction and maintained at all times until construction is completed. Access to each phase of development shall be to the satisfaction of the City Engineer and City Fire Marshal 2. Prior to the delivery of combustible building material on site, the approved vehicle access for firefighting shall be installed, satisfactorily pass all required tests and approved by the City. All accesses shall be provided within 100-feet of all fire department connections. Use of temporary vehicle access for firefighting shall require plan submittal, review and approval by the City. 3. Approved fire apparatus access roadways shall be provided for every facility, building or portion of a building. The fire apparatus access roadways shall extend to within 150-feet of all portions of the project and all portions of the exterior walls of the first story of all buildings as measured by an approved route around the exterior of the building or facility. 4. The project shall be accessible to Fire Department apparatus by way of access roads shall have an unobstructed, improved width of not less than 20 feet. In most cases, the City of Poway construction standards for streets (Chapter 12.20 PMC) will be more restrictive. The more restrictive standard shall apply. Fire apparatus 32 of 58December 1, 2020, Item #7Resolution No. 20-Page 25 access roads shall be designed and maintained to support the imposed loads of fire apparatus not less than 75,000 pounds unless authorized by the FAHJ and shall be provided with an approved paved surface as to provide all-weather driving capabilities. A paved driving surface shall mean asphalt, concrete, or permeable paving system. 5. The project shall be accessible to Fire Department apparatus by way of access roadways with all-weather driving surface of not less than 20-feet of unobstructed 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 fire apparatus not less than 75,000 pounds unless authorized by the FAHJ and shall be provided with an approved paved surface as to provide all-weather driving capabilities. A paved driving surface shall mean asphalt, concrete, or permeable paving system. This 20-foot access width is the minimum required for Fire Department emergency access. In most cases, City Engineering standards will be more restricting. The more restrictive standard shall apply. 6. The turning radius of a fire apparatus access road shall be a minimum of 28-feet as measured to the inside edge of the improvement width or as approved by the fire code official. 7. Fire apparatus access roads, including all private drives, shall not be obstructed in any manner, including the parking of vehicles. A minimum of 20-feet unobstructed access is required. All applicable areas shall be designated as "Fire Lanes" with appropriate signs and curb markings. 8. All dead-end fire access roads in excess of 150 feet in length shall be provided with approved provisions that allow emergency apparatus to turn around. 9. The gradient for a fire apparatus access roadway shall not exceed 20 percent. Grades exceeding 15 percent (incline or decline) shall be constructed of Portland cement concrete (PCC}, with a deep broom finish perpendicular to the direction of travel, or equivalent, to enhance traction. Grades exceeding 10 percent shall be constructed of asphalt or PCC. Permeable paver systems shall not be used for grades exceeding 10 percent. The fire code official may require additional mitigation measures where he or she deems appropriate. 10. The angle of departure and the angle of approach of a fire access roadway shall not exceed ?-degrees (12-percent) or as approved by the fire code official. 11. Approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both. 12. A lighted directory map, meeting current fire department standards, shall be installed at each driveway entrance to multiple unit residential projects and mobile home parks, where the number of units in such project exceeds 15. 13. All gates or other structures or devices that could obstruct fire access roadways or otherwise hinder emergency operations are prohibited unless they meet the standards approved by the fire code official and receive Specific Plan approval. 33 of 58December 1, 2020, Item #7Resolution No. 20-Page 26 All automatic gates across fire access roadways and driveways shall be equipped with approved, emergency, key-operated switches overriding all command functions and opening the gate(s). Gates accessing more than four residences or residential lots, or gates accessing hazardous institutional, educational or assembly occupancy group structures shall also be equipped with approved emergency traffic control-activating strobe light sensor(s), or other devices approved by the fire code official, which will activate the gate on the approach of emergency apparatus with a battery backup or manual-mechanical disconnect in case of power failure. In the event of a power failure, the gate shall be automatically transferred to a fail-safe mode allowing the gate to be manually pushed open without the use of special knowledge or equipment. All automatic gates must meet fire department policies deemed necessary by the fire code official for rapid, reliable access. 14. Each building shall display the approved numbers and/or addresses in a location plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background and a size approved by the City. Each building address shall also be displayed on the roof in a manner satisfactory to the Fire Marshal, and meeting Sheriff Department-ASTREA criteria. 15. Prior to the delivery of combustible building material on site, the approved water service to all fire hydrants shall be connected to the public water supply, satisfactorily pass all required tests and be approved by the City. 16. The entire water system for the project shall be looped. The addition of on-site fire hydrants is required. Fire hydrants shall be located within 400 feet of any portion of the facility or buildings, with spacing between hydrants not to exceed 400 feet, as measured by an approved route of travel that a fire engine would travel. The Fire Marshal shall approve the location of all fire hydrants. 17. A water systems analysis will be required to establish available fire flow. The required fire flow shall be according to Appendix B of the 2019 California Fire Code and approved by the City. The water supply system will require approved improvements to include the addition of water mains and fire hydrants as determined and approved by the Fire Department and City Engineer. 18. Water main sizes and fire hydrant locations are conceptual only and shall be reviewed and approved by a separate plan submittal to the City of Poway. Reduced Pressure Detector Assemblies (RPDA) shall be used with the private fire service water main. All fire hydrants and backflow preventer devices (RPDA) installed in the City of Poway shall be per the City of Poway approved material list and current Supplemental Engineering Standards. 19. Fire protection systems and details are conceptual only and shall be reviewed and approved by separate plan submittal to the fire department. The fire department will review and inspect the backflow preventer devices (RPDA), fire sprinkler underground service, fire sprinkler systems, fire alarm systems, kitchen hood and duct systems, and any alternative fire suppression systems. The City of Poway, Development Services Division will review and inspect the private fire service water main and fire hydrants. 34 of 58December 1, 2020, Item #7Resolution No. 20-Page 27 20. All buildings are required to be equipped with an approved fire sprinkler system according to PMC requirements. The fire sprinkler system shall be designed to meet minimum design density at the roof per NFPA 13 requirements for all non-residential areas. The fire sprinkler system installed in the residential occupancies shall meet NFPA 13R requirements. All systems are required to be monitored by a U.L. listed central station monitoring company. Backflow valve assemblies with tamper switches shall be monitored. The City Fire Marshal shall approve the location of these fire protection devices prior to installation. A separate submittal, with applicable fees, for the underground fire service lateral connected to each separate fire sprinkler riser system is required. A separate plan submittal, with applicable fees, for each, separate building's fire sprinkler system design is required. Separate fees for plan check and inspection services will be charged by the Fire Department upon submittal. 21. All four-story buildings are required to be equipped with an approved Class 1 automatic wet standpipe system according to CFC and PMC requirements. The standpipe system shall be installed according to NFPA 14. A separate plan submittal, with applicable fees, for each, separate building's Class 1 automatic wet standpipe system design is required. Separate fees for plan check and inspection services will be charged by the Fire Department upon submittal. 22. Fire sprinkler riser(s) shall be located inside an enclosed closet with an exterior access man door. Door shall be labeled with a sign indicating "Fire Sprinkler Riser." 23. A metal sign with raised letters at least one-inch (25 mm) in size shall be mounted on all fire department connections serving automatic sprinklers, standpipes or fire pump connections. Such signs shall read: AUTOMATIC SPRINKLERS or STANDPIPES or TEST CONNECTION or a combination thereof as applicable. RPDA and FDC shall have approved address signage. 24. All buildings are required to be equipped with an approved automatic fire alarm system in accordance with the CFC. The systems shall be installed according to NFPA 72. The system shall be completely monitored by a UL listed central station alarm company or proprietary remote station. Each building may require a separate plan submittal and fee. The Fire Department shall determine the number of separate plan submittals and separate fees based upon proposed system design. 25. A hood and duct extinguishing system shall be installed for all commercial cooking facilities within a kitchen area. A plan submittal to the fire department is required prior to installation. 26. A 'Knox' Security Key Box shall be required for each building at locations determined by the City Fire Marshal. 27. If an elevator is installed in a building, at least one shall be sized to accommodate a normal ambulance gurney. Minimum dimensions for the inside car platform shall meet the "Medical" size standards per the California Building Code. 28. Smoke alarms shall be installed in all residential bedrooms and adjoining hallways. The smoke alarms shall be hard-wired, with a battery backup, and shall be 35 of 58December 1, 2020, Item #7Resolution No. 20-Page 28 interconnected in such a manner that if one detector activates, all detectors activate. Carbon monoxide alarms shall be installed in residential hallways adjoining bedrooms. The carbon monoxide alarms shall be hard-wired, with a battery backup, and shall be interconnected in such a manner that if one detector activates, all detectors activate. M. The following requirements shall be adhered to upon establishment of land uses and occupancy is granted to the satisfaction of the Director of Development Services: 1. All physical elements of the project, excepting improvements for buildings, including public street improvements, shown on the approved building, landscape, grading, improvement and related plans shall be substantially maintained per the approved plans, except as noted herein, to the satisfaction of the Director of Development Services. 2. Proper drainage shall be maintained throughout this subdivision as to prevent ponding and/or storage of surface water and shall be in compliance with the NPDES permit to the satisfaction of the Water Quality Coordinator and the City Engineer. 3. The ground-floor 11,364 square-foot retail and restaurant space shall be limited to commercial uses permitted within the underlying zone to the satisfaction of the Director of Development Services. The community benefits for the project include a "restaurant row" that includes two restaurants on-site. These community benefits must remain in place unless an alternative community benefit is provided and approved by City Council. The combined seating for the two restaurant uses shall maintain a minimum interior seating capacity of 80 persons. 4. Outdoor dining furniture shall comply with the following: a. Furniture and fixtures should be of high quality, aesthetically appealing, durable, and of sturdy construction, able to withstand strong winds without falling over. b. Maintain outdoor furniture at all times and ensure it is free of fading, corrosion, splinters, dents, tears, and chipped paint. c. Prohibited furniture includes flimsy plastic tables and chairs, unfinished wooden materials, and sofas. d. Do not store outdoor dining furniture in the public-right-of-way overnight. e. Seating should contribute to an inviting atmosphere that encourages outdoor dining. 5. Covenants, Conditions and Restrictions (CC&Rs) or other agreement approved by the City shall be submitted to the City for review and approved to the satisfaction of the Director of Development Services and shall be written to the satisfaction of the Director of Development Services and the City Engineer. The CC&Rs shall 36 of 58December 1, 2020, Item #7Resolution No. 20-Page 29 include the conditions herein to the satisfaction of the Director of Development Services and shall be recorded prior to or concurrent with the final map and shall include, but not be limited to, the following: a. The formation of a homeowner's association (HOA) with maintenance responsibilities is required, unless project site is under single ownership (Single-Owner herein). b. All uncovered parking spaces shall remain unassigned and open to use by the residents, guests, retail customers and quasi-public plaza visitors. c. A Best Management Practices (BMP's) and a Private Driveway and Drainage Maintenance Agreement to the satisfaction of the City Engineer. The maintenance and the preservation of drainage and BMP facilities shall be included. d. The CC&Rs shall identify and implement the BMP's identified in the SWQMP prepared for this project and state that the Developer, Current and Future Property Owners shall comply with the recommendations of the SWQM P prepared for this project to the satisfaction of the Water Quality Program Coordinator and the City Engineer. Funding of the long-term maintenance of all facilities required by the SWQMP shall be included in the annual HOA or Single-Owner budget. e. The CC&Rs shall include on-going maintenance of landscaping and irrigation (private and within public right-of-way) of parkways, the public open space areas as illustrated on approved landscape and irrigation plans on file at the Development Services Department. A copy of these plans shall be included in the CC&Rs. All landscaping shall be well maintained in a healthy growing condition at all times in substantially the same condition as approved in accordance with the approved landscape and irrigation plans. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The HOA or Single-Owner or, its successors or assigns, shall remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. An Encroachment, Maintenance, and Removal Agreement shall be notarized and recorded prior to recordation of the final map or building permitting. The City will provide the template for the agreement. All landscaping, including areas within the adjacent public 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. 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 37 of 58December 1, 2020, Item #7more than 25 percent of the trees' leaf surface. Resolution No. 20-Page 30 f. Street trees along the roadway shall not obstruct the ability of fire apparatus access and fire department aerial operations. Tree height and type should be considered in the ultimate landscape design. g. Immediate removal of graffiti and any other type of offensive debris is required. h. The exterior colors and materials shall be substantially consistent with the color and material board submitted with the application to the satisfaction of the Director of Development Services. Any modifications to the color and materials sample board shall be submitted for review and approved to the satisfaction of the Director of Development Services. i. All garage doors shall be automatic roll-up type doors and equipped with remote control devices. j. All garages shall be available for required off-street parking. The minimum size of a garage shall be 10-foot-wide by 20-foot-deep interior clear space. Minor projections are permissible into this space where it can be found that the projections would not hinder the placement of a vehicle within the area. k. No parking is permitted within the Town Center interior street, drive aisles, pedestrian pathways, or designated fire lane area at any time. Parking on-site is only permitted within designated parking spaces and within the dwelling units' garages. I. No on-site parking spaces that are not within a garage shall be assigned. m. Maintain the drainage facilities and any access easements (where they occur) on the property. n. All light fixtures shall be designed, shielded and adjusted to reflect light downward, away from any road or street, and away from any adjoining premises. o. The property shall comply with all performance standards relating to the generation of noise, glare, dust, and odor. p. If any fire hydrant is taken "OUT OF SERVICE," the Fire Department shall be notified immediately and the hydrant marked, bagged, or otherwise identified as "OUT OF SERVICE" as directed by the Fire Marshal. q. Designated fire apparatus streets and turn-arounds shall be maintained accessible and usable by emergency vehicles. Usable conditions include, but are not limited to, the following: i. An all-weather road surface shall be maintained. 38 of 58December 1, 2020, Item #7Resolution No. 20-Page 31 ii. Road shall support imposed loads of fire apparatus at 75,000 pounds. iii. No parking-fire lane signs shall be repaired or replaced as needed. iv. Fire lanes shall remain free at all times of any obstruction including but not limited to: vehicles, storage, debris, etc. v. Fire lane or hammerhead turn-around shall maintain an unobstructed width of 20 feet and a minimum 13' 6" vertical clearance. vi. Grades exceeding 12 percent shall be concrete with a deep broom finish perpendicular to the access roadway. vii. Fire Department approval and conditions are required for fire apparatus access roads with grades between 10 percent and 20 percent. viii. All required fire access roads and turn arounds shall have a minimum 28 foot turning radius or as approved by the fire code official. r. Wood burning devices are prohibited. s. Safety features including fire sprinklers, ignition resistant construction, smoke and carbon monoxide detectors and fire resistive landscaping shall be maintained in accordance with California Fire Code, California Building Code, California Vehicle Code (fire lanes), City Municipal Code and any other applicable codes. t. All trash and recycling receptacles are prohibited in parking areas, including covered parking areas, and are required to be within the individual residences of the proposed planned development at all times, except where sufficient trash enclosures are provided. u. Rooftop mechanical equipment, including but not limited to heating, air conditioning and ventilating equipment, shall be screened so that it may not be seen from the level of adjacent streets and sidewalks. v. The use of barbed wire or razor ribbon on any fences, gates, or walls is prohibited. w. Ongoing maintenance of the onsite private sewer and water systems are required to the satisfaction of the Director of Safety Services and the Director of Public Works. x. All private and quasi-public open space areas shall be well maintained at all times (e.g., bike racks, barbeques, tables, landscape, signage, and public art features). 39 of 58December 1, 2020, Item #7Resolution No. 20-Page 32 y. All gates and fences on the properties shall be regularly maintained, secured and repaired. All gates granting access to City utility easements shall be maintained and accessible to City of Poway staff with use of a City approved padlock, issued or placed by Poway's Public Works Department. z. New swimming pools shall be covered when not actively in use as required by the California Energy Code. aa. All swimming pools shall be adequately secured from access and maintained in a safe condition. Inspection staff employed with the County of San Diego Vector Control Division shall be granted regular access to inspect swimming pools and landscaping ponds on the properties as needed or investigate other vermin/vector related concerns on the properties. bb. Signs prohibiting recreational vehicles or trailers shall be posted within parking areas. Signs shall indicate the consequences of violating the statute (towing, fines or citations), as well as the tow company's phone number. cc. The CC&Rs shall clearly establish the responsibilities of the individual homeowners and the HOA or Single-Owner with regard to the continuing maintenance and preservation of the project. dd. The CC&Rs shall give the City the right but not the duty to enter the premises to do maintenance and levy assessments if the homeowners fail or refuse to maintain said facilities. ee. Amendments to the CC&Rs that affect any requirement of this resolution shall require express written consent of the City. ff. The quasi-public open space areas shall be well maintained at all times (e.g., bike racks, water feature, shade structure, play equipment, game tables, landscape, signage, and public art features). SECTION 8: The approval of TTM20-003 and DR20-002 shall expire December 1, 2022, at 5:00 p.m., unless prior to that time the final map is recorded and a Building Permit has been issued and construction has commenced on the property unless prior to the expiration, a request for a time extension is submitted to the Development Services Department and a time extension is subsequently granted by the City Council. The final map conforming to this conditionally approved TTM shall be filed with the City so that the City may approve the parcel map before this approval expires. SECTION 9: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. 40 of 58December 1, 2020, Item #7Resolution No. 20-Page 33 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 1st day of December, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Vaida Pavolas, CMC, City Clerk 41 of 58December 1, 2020, Item #70 120 240 ----480 Feet Big ,'O' Tires Site TC OS-R CITYOF POWAY Zoning I Location Map Item: DR20-002/TTM20-003 ATTACHMENT 8 42 of 58December 1, 2020, Item #7Letter of Explanation and Justification Fairfield Poway Road Mixed-Use Development 12485 and 12491 Poway Road October 21, 2020 The Poway Road Corridor Specific Plan (Specific Plan) provides guidelines, development standards and a long-term strategy for revitalizing the public and private areas within the Poway Road corridor. Additionally, the Specific Plan seeks to incentivize high-quality redevelopment projects on key infill sites, which are identified as Catalytic Sites within the Specific Plan. Catalytic Sites are provided the opportunity to increase density and height with the provision of Community Benefits. The Fairfield Poway Road Mixed-Use Development (the Project) is located on a property identified as a Catalytic Site, and lies within the Town Center District designation. With these factors in mind, the project was designed to provide Community Benefits and complies with the allowable density, parking and height while adhering to the guidelines governing the site. In addition to the City of Poway Development Review Application, we are also declaring our filing of this project under the Housing Crisis Act (Senate Bill 330). In accordance with Senate Bill 330, the following additional project information is required: 1) The project does not include any point sources of air or water pollution. 2) There are no species of local concern known to occur on the property. 3) Is any portion of the property located within any of the following? a. The project is not within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code Sec. 51178. b. The project is not a wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). c. The project is not listed as a hazardous waste site pursuant to Government Code Sec. 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code. d. The project is not within a special flood hazard area subject to inundation by the 1 percent annual chance flood (I 00-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. e. The project is not within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist. As applicable the project will comply with seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 ( commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2. 4) No historic or cultural resources exist on the property. A historical building survey was conducted and concluded no historical resources exist on-site. 5) The project requires approval of a tentative map under the Subdivision Map Act. The Tentative Map is included with this submittal. ATTACHMENT C 43 of 58December 1, 2020, Item #7Fairfield Poway Mixed Use Letter of Explanation/Justification 6) The project is not located within a Coastal Zone. 7) The project will not impact a stream or other resource that may be subject to a streambed alteration agreement pursuant to Chapter 6 ( commencing with Section 1600) of Division 2 of the Fish and Game Code. 8) The project is subject to recorded public easements (ie., utility and road way easements). These easements are shown on the project plans. The information provided above in conjunction with information provided as part of the City of Poway Development Review Application constitutes a complete submittal under Senate Bill 330. Project Description The project site is located along Poway Road in the heart of downtown Poway. The overall project includes two contiguous parcels addressed 12845 Poway Road (Carriage Center West) and 12941 Poway Road (Poway Fun Bowl) and totals approximately 6.62 net acres (the property extends into Poway Road thereby creating a gross property area of approximately 7.65 acres). Based on the maximum allowable density within the Town Center District, the site could yield a total of 231 units. The Fairfield Poway Mixed-Use development proposal currently includes 212 market rate rental apartments and 11,3649,±9-+-square feet of retail. The parcels will be combined via a lot merger with an underlying condominium map ( condo map allows potential future sale of individual units). The residential buildings consist of 1-, 3-and 4-story buildings with the larger 4-story buildings restricted to the center portion of the site below the Poway Road street elevation. The retail, which fronts directly onto Poway Road, will encompass the vast majority of the ground floor area of the 2 mixed use buildings along Poway Road. A small portion of the retail space is dedicated to the project leasing office, which is the commercial operations of the rental community. Providing leasing office space along the Poway Road frontage will provide instant activity upon first delivery of apartments as well as regular foot traffic during future operations, which will be attractive to future retail tenants. The balance of the retail space is designed to accommodate both restaurants and local service retail options. The residential component of the project consists of 20 studios, 87 I-bedroom, 93 2-bedroom and 12 3-bedroom apartment homes, which provides a diverse array of housing options to support a wide range of people seeking to live in Poway. As part of the residential component, the project includes a number of resident amenities. More specifically the project includes a fitness center, clubhouse, bocce court, lawn game areas, tot lot, pool, spa and landscaped walking paths. Additionally, the project also includes a dog park at the northwest corner of the property. On-site parking will be provided within enclosed private garages, open residential parking spaces, and shared residential and retail parking spaces. A total of 382 parking spaces are proposed. In the future, when the internal street is connected to adjacent uses, approximately 6 spaces will be removed, leaving a total of 376 Project parking spaces. The current City parking requirements, after adjustments allowed by code is 3 73 spaces. It should be noted that Fairfield owns the adjacent Big O property and, while not part of the full redevelopment, some improvements on the property will be required to successfully integrate the 2 44 of 58December 1, 2020, Item #7Fairfield Poway Mixed Use Letter of Explanation/Justification new development with the active Big O operation. That work includes replacement of the Big 0 sewer lateral, installation of a stormwater catch basin, new signage, parking lot restriping and drive aisle construction. The redevelopment project will utilize 17 of the newly created parking spaces on the Big O property as part of the overall project count, which is allowed via existing easement rights. Big O will continue to have the exclusive code required 16 parking spaces. Community Benefits: In order to support the proposed unit count and building height within the Town Center designation, the Specific Plan requires the Project to provide Community Benefits. As proposed, the project will provide at least 3 community benefits as well as consolidate the two parcels. Currently, the overall Project Community Benefits include lot consolidation, internal pedestrian passageways, an internal street for future connection and public access, public open space along Poway Road, infrastructure to facilitate a restaurant row, and a fully signalized intersection at the projects eastern entrance. Each community benefit is further explained below. Lot Consolidation: Fairfield is proposing to combine 2 separate parcels, which are currently under 2 separate ownerships. By combining these parcels, the project will contribute to a more cohesive Poway Road as envisioned by the Specific Plan. Public Open Space Along Poway Road The project design includes 2 plazas totaling 9,955 SF directly fronting Poway Road that are intended to be used by both the new residents and the public. Plaza 1, the western most plaza, is about 1,115 SF and includes seating, landscaping and hardscape intended to enrich the Poway Road frontage. Plaza 2, the eastern most plaza, is approximately 8,840 SF and is designed to reflect Poway' s rustic aesthetic by including heritage oak trees, meandering pathways comprised of decomposed granite, large seating boulders and logs, and nature themed activity areas for children consisting of climbing logs and boulders as well as an interactive rock, water feature. Additionally, this plaza includes an area designated for future public art. Fairfield will work with the City on the final art design. Multiple Restaurant Spaces The project infrastructure (ie., sewer/water, grease interceptor, etic) is being upsized or added with the intent of attracting multiple restaurants. Additionally, the public plaza and seating areas have been designed with the intention of creating a neighborhood restaurant row. The outdoor dining opportunities will be very attractive to restaurants as we move forward from the current COVID-19 environment. Right-of-Way Enhancements and Community Benefits Fund Contribution The project design includes various enhancements to the public right-of-way within Poway Road. As envisioned by the Specific Plan, the project includes installation of a new 6' wide sidewalk along the project frontage, upgraded landscaping along the frontage, pedestrian street lighting, new bus stop with shelter to match project architecture, replacement of the median hardscape and landscape as well as installation of a Poway Road corridor on-grade monument entry signage within the median along the western portion of the site with final lettering and location to be coordinated with the City. Additionally, the project will be making a monetary contribution equal 3 45 of 58December 1, 2020, Item #7Fairfield Poway Mixed Use Letter of Explanation/Justification to $500 per residential unit ($106,000) to the City's Community Benefits Fund to facilitate the City's construction of certain Capital Improvements identified in the Specific Plan. These funds would be in addition to Fairfield's fare share contribution to the City's signalization optimization efforts. Additional Design Elements: In addition to the Community Benefits described above, the project satisfies a number of Specific Plan Action Items including activation of the Town Center District through redevelopment of old, dilapidated structures, activation of the pedestrian zone with usable setback areas with landscaping, reducing the number of curb cuts off Poway Road from 5 to 2, inclusion of enhanced paving along the site's Poway Road frontage, a new fully signalized intersection at the project's eastern driveway, creation of plazas and open space along Poway Road and replacement of landscaping on Poway Road in front of the project. The project was designed with a multitude of pedestrian access points along Poway Road with the intention of attracting pedestrians into the site. The passageways spanning the project are not gated and are designed to facilitate future public connections to other redevelopments and public amenities in the area thus creating a more connected Poway. The internal drive aisles are not gated with the intent of allowing potential future connections into the project at the eastern and western boundaries. As called for in the Specific Plan, these roadway connections into the project will provide increased vehicular circulation to other nearby redevelopment projects and public amenities as well as help reduce vehicular traffic along Poway Road. Neighborhood Integration: Fairfield conducted an open house in December 2019 to solicit feedback from the adjacent neighborhood and introduce the project concept prior to submittal. The primary issues raised by our neighbors were concerns about periodic drainage onto their properties from our site and view corridors from their rear yards. To help mitigate view concerns the Project includes a tiered retailing wall system along our southern property line, which includes a 6-foot retaining wall on our property line, a 5-foot setback and a second 8 foot retaining/screen wall. The 5-foot area separating the 2 walls will be landscaped and maintained by Fairfield. The new wall system will provide a 2-foot increase over the current 6-foot chain link fence, as well as 36" box trees to create a larger canopy than what would otherwise exist under standard tree spacing requirements. Additionally, the 4-story buildings step down to 3-stories along the southern property line to reduce or eliminate views into our neighbors' backyards. Also, apartment homes on the upper floors facing the southern property line have been oriented to minimize large southern facing windows. Based on the City provided drainage plans (#801-05-971), the existing onsite stormwater system outlets into a public stormdrain pipe located just south of our property line and within the neighboring single-family property owner's backyards. Per our neighbors, this drainage condition 4 46 of 58December 1, 2020, Item #7Fairfield Poway Mixed Use Letter of Explanation/Justification continues to result in off site stormwater flooding their property. As part of the project, the on-site storm drain facilities will be upgraded to reduce or eliminate offsite stormwater flows from entering the neighboring properties. While the project intends to utilize the existing outlets at the southwestern and southeastern corners of the property, the majority of the in-place stormdrain pipe will no longer be in use. As such, we will request that the City quitclaim the easements associated with the stormdrain pipe on our neighbor's property once the on-site facilities are complete. By removing these easements, it will reduce maintenance obligations for the City and allow our neighbors to recapture a significant portion of their property. Conclusion: We believe the project is designed in compliance with the Specific Plan and good planning principles. The addition of new residences and retail along Poway Road will benefit the surrounding area and assist the City in their efforts to enhance the Poway Road corridor. We look forward to implementing the plan and believe the project will be an asset to the community. Sincerely, ~ Fairfield Residential 5 47 of 58December 1, 2020, Item #7SIGNALIZED INTERSECTION THELFTAlllSTAIRWAYQrlBI..DG.1IS FORRESIDENTANO TENAHTUSE<K.Y.WEAREINSTEADPROJIOINGAPUll.lC ~ L)F'TAHOSTAIRWAYOHBlOG.2WHJCHSHAUREMAINOPEI 24-HOURS A DAY. THIS Ml Al.LON ALL CUSTCMERS TO REACHTHEIRCARSPARKEOBEtlNOTHERETAl BUlDINGS ~ORATTHEHAN.)ICAPSTALLS c::::==========··=~~~~~-=---===========-_;;;;,,- ~ ~~~~o j "'-l ,cc COHT SER RESTAU LOADINGS 9'-6"X1 POWA VACUUM &SEWING ,n INTERIOA SOE SETBACK TRU BLU POO CAR )> -i -i )> (") ::I: !l: m z -1ARRIAGE gRTM~~~; LEGEND -3-STORYVOLUME LEGEND PUBLIC OPEN SPACE COMMON RESIDENTIAL OPEN SPACE FAIRFIELD POWAY MIXED USE FRH REALTY LLC 5355 MIRA SORRENTO PLACE, SUITE 100, SAN DIEGO, CA 92121 (858) 626-8334 OPEN SPACE PROVIDED -·-~ POWAY, CA 2% 1---1~ 17~~ 11MJil ___ _1_is~• 2.862 22,186 J i~"'- 1J.2ee I 29~~ ; _POWAYROAD _ ➔ _ ➔ --- HERTZ CAR RENTAL ULCOIIY 'NITM. -~ an. 11A ◄ 111 10 IIC 6 Atl 1◄ AtC 8 AIA 3 All 30 Al 30 M 2 ltA 6 111 20 ltla&.T 12 ltla&.TI 8 12 6 12 41 Cl 6 Cl 6 nlTM. 212 IGIT.NII ULCOIIY -IQIT. 0 0 0 0 0 0 57 7;8 57 ◄56 55 165 ..,,_ 1.~ 1.728 m ◄,112 ~ NORTH ~· 1320 0 15' 30' 60 1,800 122 1"•30'-0"~-- 61 59 35◄ 59 1,180 59 708 337 2.6116 OPEN SPACE EXHIBIT 71 61 65 62 ◄26 2,501 300 372 13.211 DATE: l l-16--20 JOB NO.: 2017-719 AO ARCHITECTS 144 NORTH ORANGE ST., ORANGE, CA 92866 (714) 639-9860 A1.4 AO An:hlt.c:tu,.. Design. ReiltlonlhlpL 48 of 58December 1, 2020, Item #7BARK PARK )> 0 CWCTIONT ·rilCENTER INfffAL ST REE z -I lffl7 WEST PLAZA • see sheet L.3 CROSSWALK -------- • stained and scored concrete with medium release finish ENTRY PUBLIC PLAZA 1 • see sheet L.3 COMMERCIAL BIKE RACK FAIRFIELD POWAY MIXED USE POWAY, CA FRH REALTY LLC 5510 MOREHOUSE DRIVE, SUITE 200, SAN DIEGO, CA 92121 (858) 626-834 l FINAL LANDSCAPE PLAN WILL BE APPROVED UNDER A SEPARATE PERMIT. PLANS ARE CONCEPTUAL ONLY. POWAY ROAD MEDIANS· TYP. I POWAY ROAD STREET ENHANCEMENTS • street trees -min. 24" box size • street trees -min. 24" box size • new landscaping • tree well grates • full width sidewalk • see sheet L.2 EXISTING S.F.D. EAST PUBLIC PLAZA 3 • see sheet L.3 SEATING PLAZA PARKING LOT AREA NOTE: TOTAL PARKING LOT: 119,668 S.F. CROSSWALK 15% UPGRADED PAVING REQUIRED: 5,984 S.F. • stained and scored concrete TOTAL ASPHALT: 113,501 S.F. with medium release finish TOTAL UPGRADED PAVING !SCORED CONCRETE]: 6,167 S.F. 10% LANDSCAPE REQUIREMENT: 11,967 S.F. TOTAL LANDSCAPE PROVIDED: 16,497 S.F. BUS SHELTER • to be consistantwith architecture BIG-O TIRES CONCEPTUAL LANDSCAPE PLAN -L.1 DATE: 10-15-2020 ~~ JI!. I ~ LANDSCAPE ARCHITECTURE 49 of 58December 1, 2020, Item #7·, )> ~ -I -I )> 0 :I: s: m z -I "Tl 1~1~ ! I]]_ I ®~ . .JTI_: FAIRFIELD POWAY MIXED USE FRH REALTY LLC 5355 MIRA SORRENTO PLACE, SUITE 100, SAN DIEGO, CA 92121 (858) 626-8334 9) (4 ' ;' POWAY, CA @Sno,,.t)oundSW70'.l4 SherM-lWlorns @ Balanced Beige SW7037 SherM, Wli:Jrro © BokedCooldeSW9098 Shetv.o-,Wlorns @ W-ad Brown SW7'.J27 Sherwin Wll(rns ® Blodc~SW6991 Shoo,,.;nWllbms ® Goun.,IG!o;SW7019 Sher,w,W\lams © Ccbblellrov,nSW(JM2 Sher'M1Wilioms CD ~~r~':,,.__,Spea @Nchitectu'd Foan Trins lo resemble precast LighlGroy @ Vonyl Wnoows/ Doors 1on G) Wood Composite Tie Woodlcx:UOO-cJoddrv @ Storefront System llronw --~~t. ©~~~ .. .... (z) Decorative Gable End Fo.Jx Clay Tie ~ ~-@ ~~~si!~ ® ~!~~~Copis1l010 @ ~~~O~IPd,ISpecE -(j} Metal GIii Panel! fornoldlPcw\lSl)&CE MATERIAL BOARD DATE: 11-16-20 JOB NO.: 2017-719 AO ARCHITECTS 144 NORTH ORANGE ST., ORANGE, CA 92866 (714) 639-9860 tlJ) Deccrolive Metal Rciing/ Gates O'~I01'nOtd'IPt'JhtSpe,cE A4.0 AO Archlt.ctunt. Design. Ralatlonlhlp&. 50 of 58December 1, 2020, Item #7)> -t -t )> (") :I: s: m z -t G) FINISH FLOOR FINISH FLOOR STAIR ENCLOSURE TO THE ROOF FOR FIRE DEPARTMENT 10: T~~~: ~~,-----------,_ ------ ~~~ ~'k---·---' ,- c:, ~~~~ ~X-------_,,_ ,_ --- c:, ~~~~ ~'j,. -------·-1,01-1 ·-.....c.c_c_c=-:::...;;:;;_c=-:::..= FINISH FLOOR c:, FAIRFIELD POWAY MIXED USE FRH REALTY LLC 5355 MIRA SORRENTO PLACE, SUITE 100, SAN DIEGO, CA 92121 (858) 626-8334 REAR ELEVATION 3 LEFT ELEVATION 4 POWAY, CA H MATERIALS LEGEND OJ STUCCO IT] DECORATIVE TRIM (l] DECORATIVE CORBEL 0 B~~fRATIVE GABLE @J VINYL WINDOW [fil BAYWINDOW (I] fJ-~t1~NUt GARAGE DOOR [fil CONCRETE "S" TILE ROOFING [fil METAL RAILING ff2l UTILITY DOOR [j] WOOD FASCIA ~ DECORATIVE TILES II] FABRIC AWNING !BJ f/c!5ftd~Ru~T SYSTEM ~ WIRE MESH PANELS lffi WOODEN COMPOSITE TILES 1 A 2(> <)4 ' 6 3 BUILDING #4 -BUILDING TYPE C ELEVATIONS A2.12 1N•10·...o-or"'l--l~s"""· ~10•· -~20~· """"""~30• DATE: l l-16-20 JOB NO.: 2017-719 AO ARCHITECTS 144 NORTH ORANGE ST., ORANGE, CA 92866 (714) 639-9860 AO Architecture. Dfti9n. Relationship&. 51 of 58December 1, 2020, Item #7TOPOF --41D__• PLATE ~-··· FINISH __.t FLOOR ~X---- --- 6 FINISH _ru FLOOR~- b FINISH h FLOOR~ FINISH FLOOR 6 --\H ---fB/ ---■r ,_ - REAR ELEVATION 3 FR' --LLJ. -mir,m -• ~ m ;'--,-~iii····, I---+---! ii-~ ·-"1 ; ~ ~·mt __ ._1 ·_ -_._ ---Uµill!:.·!l!!l __ , .... ~--m ·- lot I 11 1131 I 9 I 151 18 TOPOF ~• PLATE~.., FINISH~ FLOOR 'l'CX--- 6 FINISH 1 ,- FLOOR FINISH FLOOR FAIRFIELD POWAY MIXED USE FRH REALTY LLC 5355 MIRA SORRENTO PLACE, SUITE 100, SAN DIEGO, CA 92121 (858) 626-8334 LEFT ELEVATION 4 POWAY, CA E STAJR ENCLOSURE TO THE ROOF FOR FIRE DEPARTMENT E 2~ MATERIALS LEGEND OJ STUCCO (I] DECORATIVETRIM ~ DECORATIVE CORBEL [ij $~~?RATIVE GABLE @:) VINYL WINDOW ~ BAY WINDOW [z] f f~~~NUt GARAGE DOOR ~ CONCRETE "S" TILE ROOFING ~ METAL RAILING !ill UTILITY DOOR (DJ WOOD FASCIA ~ DECORATIVETILES ~ FABRIC AWNING fl] fT~rt~~R~NT SYSTEM ~ WIRE MESH PANELS ~ WOODEN COMPOSITE TILES 1 Pl "v' ' . ' 6 3 ~4 1~-10'-0" o~n!'iiiiiils~· ~10.· -~20~· ~~30.' BUILDING #5 -BUILDING TYPED ELEVATIONS A2.16 DATE: 11-16-20 JOB NO.: 2017-719 AO ARCHITECTS 144 NORTH ORANGE ST., ORANGE, CA 92866 (714) 639-9860 AO Architecture. Design. RutionshlpL 52 of 58December 1, 2020, Item #7TOPOF __.t..._ PLATE '!"";-· FINISH ~ FLOOR 'l":.X.- 0 FINISH ~ FLOOR 'l":-X.---___ _ c:, FINISH ~ FLOOR --q,~~X---__ FINISH FLOOR b ~ 'q' ~- ' 1' 9 ~ --:I. ~ ~ § ; ~ ~I AVG:::491.8FG I., 20·-o" ~ -,- FAIRFIELD POWAY MIXED USE FRH REALTY LLC 5355 MIRA SORRENTO PLACE, SUITE 100, SAN DIEGO, CA 92121 (858) 626-8334 FRONT ELEVATION RIGHT ELEVATION 2 POWAY, CA -~-=--~ -:-:-_-:= ~-;.-TOP OF PLATE -/,- 6 ~ ~ ~Ii J ~ - ::0 C") 0 'q' 'q' ~ i I AVG=491.8FG 20'-0" l, ~ MATERIALS LEGEND [j] STUCCO rn DECORATIVE TRIM [}] DECORATIVE CORBEL (I] 8~~fRATIVE GABLE @) VINYL WINDOW @) BAYWINDOW [zJ t}~~~Jt GARAGE DOOR [[] CONCRETE "S" TILE ROOFING m METAL RAILING [Qj UTILITY DOOR [Dj WOOD FASCIA lj] DECORATIVETILES ~ FABRIC AWNING !Bl tlc's~~~R~NT SYSTEM ~ WIRE MESH PANELS ~ WOODEN COMPOSITE TILES 1 ---~- b ---·-fl c:, FINISH FLOOR FINISH FLOOR FINISH FLOOR 2 (> .. v' I ' ' ' ~4 c:, FINISH FLOOR 0 S' 10' 1"•10'-0"~- BUILDING #5 -BUILDING TYPED ELEVATIONS DATE: 11-16-20 JOB NO.: 2017-719 AO ARCHITECTS 144 NORTH ORANGE ST., ORANGE, CA 92866 (714) 639-9860 6 3 A2.15 AO Archlt.cturw. Desi9n. Relatlonthlpa. 53 of 58December 1, 2020, Item #7)> --4 --4 )> C') :::c s: m z --4 :::c TOP OF PLATE T, FINISH ~~ FLOOR~.,._ __ b FINISH __ru FLOOR ~ b FINISH FLOOR TOP OF PLATE FINISH FLOOR FINISH FLOOR FAIRFIELD POWAY MIXED USE FRH REALTY LLC 5355 MIRA SORRENTO PLACE, SUITE 100, SAN DIEGO, CA 92121 (858) 626-8334 REAR ELEVATION 3 LEFT ELEVATION 4 POWAY, CA MATERIALS LEGEND OJ STUCCO [I) DECORATIVE TRIM Q) DECORATIVE CORBEL (I] 8~~fRATIVE GABLE @:) VINYL WINDOW [Ij BAYWINDOW [I] tJ-~~NUt GARAGE DOOR [fil CONCRETE "S" TILE ROOFING [fil METAL RAILING [@J UTILITY DOOR (DJ WOOD FASCIA [j] DECORATIVE TILES l!]j FABRIC AWNING I!] t T~ftd~R~NT SYSTEM [j] WIRE MESH PANELS ~ WOODEN COMPOSITE TILES 3 9 ill ' ' 4~ ,<)2 6 1 0 5' 10' 20' 30' 1"•10'-0"l'!!l""'!!iiiiiij~!!"iiiiiijiiiiiiiiiiiiiiii~~~ BUILDING #3 -BUILDING TYPE B ELEVATIONS DATE: 11-16-20 JOB NO.: 2017-719 AO ARCHITECTS 144 NORTH ORANGE ST., ORANGE, CA 92866 (714) 639-9860 A2.8 AO An:hit.c:tul9. Design. Relatlonlhipl. 54 of 58December 1, 2020, Item #7~ 6 FINISH ~ hl bl T~~~: ~-~-- "'~~ !M• ~I FLOOR ~ -~ I ~ -~ -~ ~ ~ ~ ~~;:; ~ 5' •=, ~ • -! l, b FINISH _h FLOOR --.;;::p,-X,_ - A\/GJSFG 20'-0" ~ TOP OF PLATE FINISH FLOOR FINISH FLOOR FINISH FLOOR FAIRFIELD POWAY MIXED USE FRH REALTY LLC 5355 MIRA SORRENTO PLACE, SUITE 100, SAN DIEGO, CA 92121 (858) 626-8334 FRONT ELEVATION t, ~ RIGHT ELEVATION 2 POWAY, CA E ~Ii ~ "" 'ii. ~ 8 I' M ~ 8 (") 0 a! ! i ~ ~11~ (") ;~ ~ AVG•<1;1.SFG MATERIALS LEGEND (J] STUCCO [l) DECORATIVE TRIM [fil DECORATIVE CORBEL (II 8 ~~fRATIVE GABLE @) VINYL WINDOW [II BAY WINDOW [I] f{~~NUt GARAGE DOOR I]] CONCRETE "S" TILE ROOFING ~ METAL RAILING [§I UTILITY DOOR [j] WOOD FASCIA ~ DECORATIVE TILES ~ FABRIC AWNING !Bl fr'c\!~d~R~'tT SYSTEM ~ WIRE MESH PANELS ~ WOODEN COMPOSITE TILES 3 Q' n; ' 4f'-.. <)2 V , 6 1 20'-0" ~ 7\ 1 __ 10'-0" o~,....,§iils·~1!iio·iiiiiiiiiiiiiiii;;;;i20~· ~~30• BUILDING #3 -BUILDING TYPE B ELEVATIONS DATE: 11-16-20 JOB NO.: 2017-719 AO ARCHITECTS 144 NORTH ORANGE ST., ORANGE, CA 92866 (714) 639-9860 A2.7 AO An:hitecture. Desi9n. Relatlonlhlpa. 55 of 58December 1, 2020, Item #7)> --t --t )> C') :::c s: m z --t "'I" g ~ :; -18 t-;-~~ " ~~ (") i f bl~ ~ ~ (") 8 i 15 14 21 I B TOP OF PLATE r.l"l '- FINISH FLOOR ~-- ...1.. FINISH FLOOR FINISH FLOOR ~-- FAIRFIELD POWAY MIXED USE FRH REALTY LLC 5355 MIRA SORRENTO PLACE, SUITE 100, SAN DIEGO, CA 92121 (858) 626-8334 14 FRONT ELEVATION 1 r RIGHT ELEVATION 2 POWAY, CA 16 11 121 ~18 l() a::~ N !~ I -:r98.5FG i MATERIALS LEGEND (J] STUCCO (I] DECORATIVETRIM []) DECORATIVE CORBEL [I) ~~~fRATIVE GABLE @) VINYL WINDOW (I] BAYWINDOW [I] tJ-~t'i1tNU,t-1 GARAGE DOOR [Ij CONCRETE "S" TILE ROOFING [1] METAL RAILING [@j UTILITY DOOR [DJ WOOD FASCIA ~ DECORATIVE TILES II] FABRIC AWNING [Bl tT~if~~R~NT SYSTEM [j] WIRE MESH PANELS [j] WOODEN COMPOSITE TILES 1 9 2(>~14 -'2S" 3 bJ11111111~ l"•lO'-O" ol'!!'!l-l!'iiiiiil's·~1"ao·iiiiiiiiiiiiiiii~20111111· ~~30.' BUILDING #1 -BUILDING TYPE A ELEVATIONS A2.1 DATE: 11-16-20 JOB NO.: 2017-719 AO ARCHITECTS 144 NORTH ORANGE ST., ORANGE, CA 92866 (714) 639-9860 AO An:hit.c:tul'9. Design. R91atiomhipa. 56 of 58December 1, 2020, Item #7FAIRFIELD POWAY MIXED USE FRH REALTY LLC 5355 MIRA SORRENTO PLACE, SUITE 100, SAN DIEGO, CA 92121 (858) 626-8334 111 I 31 I 91 Ill REAR ELEVATION 3 Bl 113 LEFT ELEVATION 4 POWAY, CA 1111 151 IBI 17) 121 113] MATERIALS LEGEND OJ STUCCO (l] DECORATIVETRIM [Ij DECORATIVE CORBEL [TI ~~~fRATIVE GABLE ~ VINYL WINDOW ~ BAYWINDOW rn t EL~t'~NU:i'. GARAGE DOOR l1l fi8S~igE "S" TILE (]] METAL RAILING [j]] UTILITY DOOR OJ) WOOD FASCIA [j]) DECORATIVE TILES [i] FABRIC AWNING !Bl tT~r~m~NT SYSTEM ~ WIRE MESH PANELS ~ WOODEN COMPOSITE TILES 1 9 2 [>,fMI , , .. ~1 4 -zs: 3 bJ11111111~ a s· 10· 20· :io· 1~ .. 10'-0" P'"j BUILDING #1 -BUILDING TYPE A ELEVATIONS A2.2 DATE: 11-16-20 JOB NO.: 2017-719 AO ARCHITECTS 144 NORTH ORANGE ST., ORANGE, CA 92866 (714) 639-9860 AO An:hltectul9. l>ftl9n. R91atlonshlfM. 57 of 58December 1, 2020, Item #715 13 FAIRFIELD POWAY MIXED USE FRH REALTY LLC 5355 MIRA SORRENTO PLACE, SUITE 100, SAN DIEGO, CA 92121 (858) 626-8334 11 REAR ELEVATION 3 LEFT ELEVATION 4 POWAY, CA 101 181 -,--·--·· ··· ---'fOPOFPLATE · ~r · · ·· -~ FINISH FLOOR ~ · ----~-FINISH FLOOR -·· --~--FINISH FLOOR 111 MATERIALS LEGEND OJ STUCCO rn DECORATIVETRIM [}) DECORATIVE CORBEL (I] 8~~?RATNE GABLE @) VINYL WINDOW @J BAY WINDOW [II tf~~~NUt GARAGE DOOR [fil CONCRETE "S" TILE ROOFING [fil METAL RAILING [@) UTILITY DOOR [DJ WOOD FASCIA [j] DECORATIVE TILES ~ FABRIC AWNING [BJ tii~JW~NT SYSTEM ~ WIRE MESH PANELS [j]] WOODEN COMPOSITE TILES 1 9 2(>~<)4 6 3 Rl1111m~ 0 5' 10' 20' 30' 1·•10'-0"l""j BUILDING #2 -BUILDING TYPE A ALT ELEVATIONS A2.5 DATE: 11-1 6-20 JOB NO.: 2017-719 AO ARCHITECTS 144 NORTH ORANGE ST., ORANGE, CA 92866 (714) 639-9860 AO Archltec:tunt. Design. Rel«tlonshlpa. 58 of 58December 1, 2020, Item #7141 I Bl 11111121 TOP OF PLATE--·-··· FINISH FLOOR ~------· --... "'x---- FINISH FLOOR· ~--------~---- FINISH FLOOR ~--------- FAIRFIELD POWAY MIXED USE FRH REALTY LLC 5355 MIRA SORRENTO PLACE, SUITE 100, SAN DIEGO, CA 92121 (858) 626-8334 1161 I 2 I 191 151 1151 1141 FRONT ELEVATION >· l l --l - E. -------·-·--•---- RIGHT ELEVATION 2 POWAY, CA IRl 1141 fci7 ril 1141 6 ~ 0 8 b ~ 91 ~ -;-· ~ co ~ ;:: i~ ~ ; (") ~ (T) I 12 i I '1 ; ~ ~ MATERIALS LEGEND [D STUCCO (l] DECORATIVE TRIM I}) DECORATIVE CORBEL [TI ~~~fRATIVE GABLE @) VINYL WINDOW ~ BAYWINDOW [I] t EL~~NU:i'. GARAGE DOOR [fil CONCRETE "S" TILE ROOFING 0 METAL RAILING [Qj UTILITY DOOR [Dj WOOD FASCIA [j] DECORATIVE TILES [j]] FABRIC AWNING !Bl tT~~m ~NT SYSTEM [j] WIRE MESH PANELS ~ WOODEN COMPOSITE TILES 1 9 2(>~<J4 6 3 9m11u~ 0 5' 10' 1"•10'-0"~ 1_0' BUILDING #2 -BUILDING TYPE A ALT ELEVATIONS A2.4 DATE: 11-1 6-20 JOB NO.: 2017-719 AO ARCHITECTS 144 NORTH ORANGE ST., ORANGE, CA 92866 (714) 639-9860 AO An:hlt.c:tu111. Design. RlllatlonshlpL DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway December 1, 2020 Honorable Mayor and Members of the City Council Wendy Kaserman, Assistant City Manager iJ~ Marie Sanders, Senior Management Analyst (858) 668-4637 or msanders@poway.org CITY COUNCIL Resolution Adopting the Authorization to Submit an Application for Additional Community Development Block Grant -Coronavirus (CDBG-CV) Funds. The City has received an additional allocation of $246,166 in Community Development Block Grant -Coronavirus (CDBG-CV) Round Three funds from the County of San Diego Health and Human Services Agency (County). Upon City Council approval, staff will submit an application for CDBG-CV funds requesting to continue to fund Jewish Family Service of San Diego UFS) to provide Drive-Thru Food Distribution Events to senior residents of Poway. Recommended Action: It is recommended that the City Council adopt a resolution authorizing the submission of application for additional Community Development Block Grant -Coronavirus (CDBG-CV) funds in the amount of $246,166; and authorize the City Manager to execute all necessary application and funding documents. Discussion: The Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law on March 27, 2020, and on April 2, 2020 the U.S. Department of Housing and Urban Development (HUD) released the allocation amounts to be received by jurisdictions. The CARES Act made additional CDBG-CV funds available to prevent, prepare for and respond to the Coronavirus. The County administers the grant for those cities in the Urban County; the participating cities include Coronado, Del Mar, Imperial Beach, Lemon Grove, Poway and Solana Beach. The types of programs and projects that are eligible under this funding source are extremely limited and must show a nexus of serving at least 51 % of low to moderate income individuals. To receive funding, the County requested all participating cities obtain City Council approval of the proposed use of funds, submit an application and ensure that the proposed activity meets all established criteria through prescribed County and HUD guidelines. The supplemental funds must first be appropriated and expended by the City; reimbursement from the County will occur after submission of proof of expenditures. 1 of 4 December 1, 2020, Item #8 On September 24, 2020 Staff received notification from the County that the City is eligible to receive an additional allocation of CDBG-CV grant funds. Poway's allocation is $246,166. Therefore, staff is recommending that the round three application include the continuation offunding for Jewish Family Service of San Diego. In round one, the City granted JFS $91,479.09 to provide weekly drive-thru food distribution events to seniors in Poway. Events are held each Wednesday from 12:00pm - 1 :00pm at the Poway Senior Center. Over 9,000 meals will be distributed in round one. Because food insecurity for senior residents persist due to the pandemic, the continued collaboration with JFS is in the best interest of our community. Weekly Drive-Thru Food Distribution Events commenced October 7, 2020 and 3,024 meals have been served thus far. Based on the cost per meal, an average of $9.50, JFS would provide an additional 25,912 individual meals through the use of these additional funds. Each eligible resident receives, at a minimum, distribution bags stocked with one week's supply of food -either groceries (including dried/canned goods and other pantry staples) or prepared meals made fresh daily in JFS's onsite Loonin Family Kitchen. Organic produce will also be supplied from local farms in partnership with Daily Harvest Express. Upon City Council and County approval, Staff will amend the current agreement with JFS to extend the agreement for an additional twelve months. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: Pending County approval of the application, the City will receive $246,166 in CD BG-CV funding. CDBG-CV funding is reimbursement based, requiring the City to first pay JFS for meal deliveries, and seek reimbursement from the County. Therefore, there is a need to appropriate $246,166 from the City's General Fund Balance to the CDBG-CV fund. The General Fund will be reimbursed after funding is received from the County. Public Notification: As a condition of CDBG administration, a public hearing must be held to determine the use of the CDBG-CV funding. Public notices were published in the Poway News Chieftain on November 19, and November 26, 2020. Attachments: A. Resolution Reviewed/ Approved By: We~Kaserman Assistant City Manager 2 of4 Reviewed By: Alan Fenstermacher City Attorney Approved By: ctki2 City Manager December 1, 2020, Item #8 RESOLUTION NO. 20-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT CORONAVIRUS FUNDING (CDBG-CV) WHEREAS, the City of Poway is a sub-recipient of Community Development Block Grant funds administered through the County of San Diego, Health and Human Services Agency as the grantee for the San Diego Urban County Region; WHEREAS, on March 27, 2020 the Coronavirus Aid, Relief, and Economic Security (CARES) Act was approved by Congress and signed into law; WHEREAS, on April 2, 2020, the Department of Housing and Urban Development (HUD) announced CARES Act supplemental funding allocations; WHEREAS, the funding allocation granted to the San Diego Urban County is comprised of dedicated funds to participating cities and the City of Poway's CDBG-CV Round Three supplemental allocation is $246,166; and WHEREAS, the City of Poway desires to participate in the CDBG-CV Program and intends to utilize all allocated Round Three CDBG-CV funds by extending a current agreement with Jewish Family Service of San Diego for Drive-Thru Food Distribution Events for Poway residents aged sixty years and older. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The foregoing recitals are true and correct. SECTION 2: That the City Council of the City of Poway hereby authorizes staff to submit an application to the County of San Diego Health and Human Services Agency for CDBG-CV funding, with such funds, as awarded, to Jewish Family Service of San Diego for Drive-thru Food Distribution Events. SECTION 3: That the City Council authorizes the City Manager to execute all necessary application and funding documents. 3 of4 ATTACHMENT A December 1, 2020, Item #8 Resolution No. 20-Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 1st day of December, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Vaida Pavolas, CMC, City Clerk 4 of4 December 1, 2020, Item #8