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Item 16 - EA and SPA 20-002, CUP 20-004 and DR 20-005July 20, 2021, Item #16DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway July 20, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services ~ Scott Nespor, Associate Planner SAN (858) 668-4656 or snespor@poway.org CITY COUNCIL Environmental Assessment and Specific Plan Amendment 20-002, Conditional Use Permit 20-004, and Development Review 20-005 This action is a Specific Plan Amendment (SPA) request to amend the South Poway Specific Plan (SPSP) to allow hotel buildings to contain five stories within a 60-foot height limit, and a Conditional Use Permit (CUP) and Development Review (DR) request to construct and operate a 58-room hotel with five stories on a 1.23-acre lot located at 14082 Stowe Drive on the northeast corner of Stowe Drive and Scripps Poway Parkway in the South Poway Commercial (SPC) land use district of the SPSP. Recommended Action: It is recommended that the City Council take public input, close the public hearing, adopt the resolutions and introduce the Ordinance for first reading by title only, waive further reading, and schedule the adoption for August 3, 2021. Discussion: This project is initiated by Serendipity Hospitality, LP (Owner) and Studio E Architects (Applicant) and is a request for a SPA, CUP, and DR. SPA 20-002 is a request to amend the SPSP to allow five stories within a 60-foot height limit. CUP 20-004 and DR 20-005 are a request to construct and operate a 34,899 square-foot hotel with five stories and a height of 59.33 feet on a 1.23-acre lot located at 14082 Stowe Drive in the SPC land use district of the SPSP (Attachment D). The proposed hotel will have 58 rooms. The 1.23-acre project site is located at the northeast corner of Stowe Drive and Scripps Poway Parkway. Surrounding land uses consist of the Stowe Plaza commercial center with restaurants and services housed in a complex of one-story buildings to the west. A two-story corporate headquarters and warehouse building for Seirus Innovative Sportswear is to the northwest. General Atomics has facilities to the north and also to the southwest, across Scripps Poway Parkway. These buildings are two-story, light industrial buildings less than 35 feet high. Located immediately to the east is the 1 of 99 July 20, 2021, Item #16Hampton Inn & Suites hotel, which is a three-story hotel building that does not exceed 35 feet in height. The pad of the proposed hotel is approximately six feet above the grade of Stowe Drive. Amendment to the South Poway Specific Plan The SPSP was originally approved in 1985 and has been amended periodically in response to evolving real estate trends and business needs. Historically, SPSP amendments have been related to both development standards and land use designation changes. Over the past ten years the City Council has approved two property owner requests for changes in development standards. In 2001, the City Council approved a request to allow three stories within the existing height limit for hotels and motels. In 2020, the City Council approved a request to allow self-storage buildings to contain a maximum of three stories within the existing allowable height. Pursuant to Section 17.47.020 of the Poway Municipal Code (PMC), it is required that proposed Specific Plan Amendments be considered by the City Council at a public hearing. The proposed SPA would allow for hotel buildings to contain a maximum of five stories within an overall height limit of 60 feet. The amendment would only apply to parcels that fall within the following parameters: 1) Have a land use designation of SPC. Hotels are limited to parcels that have been designated SPC in the SPSP. Currently, there are 23 parcels with a SPC designation. Hotels on parcels designated SPC require a CUP. 2) Have a maximum lot area that is less than two acres. To accommodate a hotel and the required building setbacks, parcels that are smaller than two acres would be allowed to extend above 35 feet to 60 feet. It is anticipated that buildings on smaller lots will have a smaller footprint and their overall building mass, when compared to large warehouse and light industrial buildings with much larger footprints, will have less of a visual impact. Of the 23 lots currently designated SPC, 14 are less than two acres. 3) Be located adjacent to Scripps Poway Parkway, between Community Road and Danielson Street. By limiting hotel buildings, with a small building footprint, to the central areas of the business park, the perimeter lots on the edge of the business park closest to the slopes that are protected as open space will not be candidates for hotels that extend above 35 feet. Of the 14 parcels that are designated SPC and are less than two acres, only three are adjacent to (or have frontage on) Scripps Poway Parkway between Community Road and Danielson Street. 4) Be demonstrated that the visual impacts of the proposed hotel are found to be negligible. Finally, hotel buildings proposed on parcels that meet the criteria identified above will be required to demonstrate that the buildings will have a negligible visual impact. An application for a CUP for such a hotel must be accompanied by a visual analysis. The visual analysis must be consistent with the visual analysis prepared with the Environmental Impact Report (EIR) for the SPSP. Hotel Proposed by Serendipity Hospitality. LP The site was previously owned by the City's former Redevelopment Agency. The parcel was created, along with being graded and partially improved, as part of the adjoining Hampton Inn development. The parcels were configured, and the parking lot was created, with the intent of a future sit-down restaurant located on the smaller 1.23-acre parcel. The parking lot that was created for Hampton Inn originally included 214 parking spaces, of which 154 were required for Hampton Inn. Of the 214, 50 of the spaces are partially or entirely located on the parcel intended for the restaurant (the Serendipity 2 of99 July 20, 2021, Item #16Hospitality, LP parcel). Following the dissolution of redevelopment agencies statewide that became effective in 2012, the Successor to the Redevelopment Agency eventually sold the site through a public auction to Serendipity Hospitality, LP. Serendipity Hospitality, LP originally presented their proposal for a 55-foot high hotel as part of Predevelopment Conference 19-002, on January 7, 2020. Considering feedback from the City Council and the public, the applicant decided to formally submit an application for the SPA along with the CUP and DR for a revised hotel which reduced the number of hotel rooms (from 61 to 58) and modified the fifth floor to incorporate an equipment well that will eliminate the need to install equipment above the fifth floor. The submitted hotel plans increased the proposed building height from 55 feet to 60 feet. The hotel proposed by Serendipity Hospitality, LP complies with architectural materials and parking requirements identified in the SPSP. The building will meet the required street setbacks, including the SO-foot Scripps Poway Parkway landscape setback. The proposed site plan is included as Attachment E. The existing landscaping mounds on the site used to screen the parking will be kept in place by the proposed hotel. The building uses a variety of materials and colors with differing textures that include high-quality standing seam metal gray siding, brown wood siding accents, light white stucco, and fiber cement panels. The architectural design is further articulated by projecting metal cowls that will be finished with a contrasting dark color that surround a column of windows that face each of the adjoining streets. The elevations for the proposed hotel are included as Attachment F. The hotel will feature 58 rooms along with a rooftop lounge and deck. The hotel will not include a restaurant and the rooftop lounge will not be open to the public. If the rooftop lounge were to be open to the public, additional evaluation of parking would be required. Including parking for a maximum of three employees per shift, the parking requirement is 61 spaces. The applicant has demonstrated that they have access to 50 spaces that are either entirely or partially on-site and that they have a reciprocal access and parking agreement with the Hampton Inn site for the remaining 11 spaces. Visual Analysis A visual analysis prepared for the Project demonstrated that the proposed building would have minimal visual or aesthetic impacts. The analysis showed that the hotel building is surrounded by larger scale buildings that have more mass than the proposed hotel that utilizes a much smaller footprint. To the north of the business park, most of the residential areas are on lower elevations than the business park, which was built on a mesa. The hillsides screen most of the business park from the views of these residential areas. In response to the neighborhood meeting (see below), the visual analysis was amended to include the homes on Sky Mountain Trail that were built on an intermediate ridge directly north of the business park, and these homes have views of the entire business park. Their views will also include the proposed hotel building. The residential areas to the south, in the City of San Diego, are also built at a similar elevation as the business park. The visual analysis included photo-simulations that showed that although the top floors of the hotel will be visible to the south and areas farther north, the hotel building will be much smaller than the bulk of the much larger light industrial and warehouse buildings located in the business park. Photo-simulations from the visual analysis are included as Attachment G. The visual analysis also considered a view of the business park from an adjoining recreational trail and concluded that, the proposed hotel will not have a substantial impact on the trail. The bulk of the hotel will be much smaller than that of surrounding buildings. 3 of99 July 20, 2021, Item #16Story Pole and Neighborhood Meeting Based on feedback from the January 7, 2020, Predevelopment Conference, the applicant constructed a temporary story pole with an orange flag that demonstrated the overall height of the proposed hotel on March 5, 2020. The surveyor's certification of the height of the story pole is included as Attachment H. The story pole was kept on site a minimum of 30 days. On March 24, 2021, a virtual neighborhood meeting was held by the applicant to present their project to the community. There were approximately 20 people in attendance during the meeting in addition to City staff, the architect, and the property owner. Attendees expressed concerns regarding changing the specific plan to allow taller buildings while others recommended that the visual analysis evaluate residential areas farther north (e.g., along Sky Mountain Trail and Twin Peaks Road) and recreational areas such as the South Poway Trail, Twin Peaks, and Sycamore Canyon. One attendee questioned the economic feasibility of the hotel (e.g., will visitors stay there). Another attendee raised concerns related to compatibility with the specific plan and agreements with the Hampton Inn. None of the speakers at the neighborhood meeting mentioned that they could see the story pole with a flag that was placed at the property from their homes. In addition to letters of support provided by the applicant at the January 7, 2020 Predevelopment Conference, the City has received letters opposing the project. Correspondence received for the project is included as Attachment I. Environmental Review: As required under the California Environmental Quality Act (CEQA), an Environmental Initial Study (EIS) was completed for the project. Studies were submitted relating to traffic and visual impact. A letter was sent to the tribal representatives which are traditionally and culturally affiliated with the geographic area within the City of Poway's jurisdiction. The EIS determined that the project would not have a significant effect on the environment. A Negative Declaration (ND) has been prepared. Staff recommends that the City Council adopt the ND and approve the project because there are no significant impacts. The ND is included as Exhibit A of the resolution provided as Attachment A to this report. A Notice of the Availability of the EIS and proposed ND for public review and comment was provided pursuant to the requirements of CEQA. As of the writing of this report, no comments have been received. Any comments that are received will be provided to City Council prior to the public hearing on this matter. Fiscal Impact: Consistent with 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 on the projects, staff conducted a revenue analysis for the proposed Serendipity Hotel. Staff looked at the potential ongoing revenues, such as property tax and transient occupancy tax, and excluded one-time revenues, such as transfer taxes. Sales taxes were not analyzed for this project, as data to estimate indirect sales tax benefits from hotel guests is not readily available. The potential project is anticipated to contribute an additional $7,300 in property tax revenues and a little over $213,000 in transient occupancy taxes. Based on staff's analysis, the Serendipity Hotel is projected to bring in roughly $220,000 annually for the City of Poway. 4 of99 Public Notification: A Notice of Public Review Period for a Negative Declaration and Notice for Public Hearing was published in the Poway News Chieftain on Thursday.June 24, 2021. A corrected notice was published on July 1, 2021 in the Poway News Chieftain. A public notice was mailed to property owners and occupants located within the SPSP and within 500 feet of the boundaries of the SPSP. Attachments: A.Resolution approving the Negative Declaration (ND) B.Ordinance approving Specific Plan Amendment 20-002 C.Resolution approving Conditional Use Permit (CUP) 20-004 and Development Review (DR) 20-005 D.Zoning and Location Map E.Site plan F.Elevations G.Visual Analysis Photos H.Certification of Story Pole I.Letters of Support and Opposition Reviewed/ Approved By: Assistant City Manager 5 of 99 Reviewed By: Alan Fenstermacher City Attorney City Manager July 20, 2021, Item #16 July 20, 2021, Item #16RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION FOR SPECIFIC PLAN AMENDMENT 20-002, CONDITIONAL USE PERMIT 20-004, AND DEVELOPMENT REVIEW APPLICATION 20-005, A REQUEST TO AMEND THE SOUTH POWAY SPECIFIC PLAN TO ALLOW HOTEL BUILDINGS TO CONTAIN FIVE STORIES WITHIN A 60-FOOT HEIGHT ALLOWANCE AND CONSTRUCT AND OPERATE A FIVE STORY HOTEL AT 14082 STOWE DRIVE, ASSESSOR'S PARCEL NUMBER 323-481-19 WHEREAS, on July 30, 1985, an Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality Act (CEQA) in conjunction with the adoption of the South Poway Specific Plan (SPSP), was certified, and the Final Subsequent EIR was certified on July 26, 1988. The SPSP EIR analyzed the potential impacts of the proposed build-out of the SPSP area in the manner permitted by the Specific Plan; WHEREAS, an Environmental Initial Study (EIS) was completed for the project, as required under the California Environmental Quality Act (CEQA). Studies were submitted relating to traffic and visual impact. A letter was sent to the tribal representatives which are traditionally and culturally affiliated with the geographic area within the City of Poway's jurisdiction. The EIS determined that the project would not have a significant effect on the environment. A Notice of the Availability of the EIS and proposed Negative Declaration (ND) for public review and comment was provided pursuant to the requirements of CEQA; WHEREAS, the City Council considered Specific Plan Amendment (SPA) 20-002, Conditional Use Permit (CUP) 20-004 and Development Review Application (DR) 20-005 for a request to amend the SPSP to allow hotel buildings to contain five stories within a 60-foot height allowance when it can be demonstrated that the hotel building will have a negligible visual impact, and allow the construction and operation of a five story hotel at 14082 Stowe Drive; WHEREAS, on July 20, 2021, the City Council held a duly advertised public hearing to receive testimony from the public, both for and against, relative to this matter; and WHEREAS, the City Council has read and considered the agenda report for the proposed project, including the attachments, and has considered all other evidence presented at the public hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: In accordance with the requirements of CEQA, an EIS and a proposed ND have been prepared for SPA 20-002, CUP 20-004, and DR 20-005 involving an amendment to the height requirements for hotel building in the SPSP and the construction and operation of a five-story hotel at 14082 Stowe Drive. The City Council has considered the EIS and ND, and public comments received on the EIS and ND. The subject EIS and ND documentation are fully incorporated herein by this reference. The City Council finds, on the basis of the whole record before it, that there is no substantial evidence the project will have a significant impact on the environment. The City Council hereby adopts the ND included as Exhibit A. 6 of99 ATTACHMENT A July 20, 2021, Item #16Resolution No. 21-Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 20th day of July, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Deborah Harrington, Interim City Clerk 7 of99 July 20, 2021, Item #16STEVE V AUS, Mayor BARRY LEONARD, Deputy Mayor DA VE GROSCH, Councilmember CA YLIN FRANK, Councilmember JOHN MULLIN, Councilmember CITY OF POWAY EXHIBIT A CITY OF POWAY NEGATIVE DECLARATION 1. Name and Address of Applicant: Serendipity Hospitality LP, 3830 Valley Centre Drive #705, San Diego, CA 92130 2. Project Name and Brief Description of Project: Serendipity Hotel; Environmental Assessment, Specific Plan Amendment (SPA) 20-002, Conditional Use Permit (CUP) 20-004 and Development Review (DR) 20-005: A proposal to amend the South Poway Specific Plan to allow hotel buildings to contain five stories and be subject to a 60-foot height limit on parcels that: a) have a land use designation of South Poway Commercial (SPC); b) are less than two acres; c) are adjacent to Scripps-Poway Parkway, between Community Road and Danielson Street; d) and demonstrate the proposed building will have negligible visual impacts. The proposal includes the construction and operation of a five-story, 59-foot tall, 34,899 square-foot hotel at a vacant lot located at 14082 Stowe Drive, APN 323-481-19, in the SPC land use designation. 3. In accordance with Resolution 83-084 of the City of Poway, implementing the California Environmental Quality Act of 1970, the City of Poway City Council has found that the above project will not have a significant effect upon the environment and has approved a Negative Declaration. An Environmental Impact Report will not be required. 4. This Negative Declaration is comprised of this form along with the Environmental Initial Study that includes the Initial Study and Checklist. 5. The decision of the City Council of the City of Poway is final. Contact Person: Scott Nespor Phone: (858) 668-4656 Attachments: 1. Environmental Initial Study City Hall Located at 13325 Civic Center Drive Mailing Address: P.O. Box 789, Poway, California 92074-0789 www.poway.org July 20, 2021, Item #16A. INTRODUCTION ATTACHMENT 1 CITY OF POWAY ENVIRONMENTAL INITIAL STUDY AND CHECKLIST This Environmental Initial Study and Checklist, along with information contained in the public record, comprise the environmental documentation for the proposed project as described below pursuant to the requirements of the California Environmental Quality Act (CEQA). Based upon the information contained herein and in the public record, the City of Poway has prepared Mitigated Negative Declaration for the proposed project. 8. PROJECT INFORMATION 1. Project Title: Serendipity Hotel, Environmental Assessment, Specific Plan Amendment (SPA) 20-002, Conditional Use Permit (CUP) 20-004 and Development Review (DR) 20-005 2. Lead Agency Name and Address: __ C_it __ y_o_f_P_o_w_a __ y.._, D_ev_e_lo ...... P..._m_e_nt_S_e_rv_ic_e_s ____ _ 13325 Civic Center Drive, Poway, CA 92064 3. Contact Person and Phone Number: Scott Nespor, Associate Planner, (858) 668-4656 4. Project Location: The South Poway Business Park; the hotel is proposed on a vacant lot at 14082 Stowe Drive, APN 323-481-19 5. Project Sponsor's Name and Address: Serendipity Hospitality LP, 3830 Valley Centre Drive #705, San Diego, CA 92130 6. General Plan Designation: South Poway Commercial (SPC) 7. Zoning: Planned Community (PC) 8. Description of Project: This is a request to amend the South Poway Specific Plan to allow hotel buildings to contain five stories and be subject to a 60-foot height limit on parcels that: a) have a land use designation of SPC; b) are less than two acres; c) are adjacent to Scripps-Poway Parkway, between Community Road and Danielson Street; and d) demonstrate the proposed building will have negligible visual impacts. The proposal includes the construction and operation of a 59-foot high, five-story, 34,899 square-foot hotel. The project includes grading, utility installations, and landscaping. 9. Surrounding Land Uses and Setting: The South Poway Specific Plan includes the area known as the South Poway Business Park, which is located in the southerly most portion of the City of Poway. The Business Park includes industrial, warehousing, distribution, and retail uses. The Business Park is located along the north and south sides of Scripps Poway Parkway, approximately 8 miles east of Interstate 15, and two miles west of State Route 67. The Business Park is surrounded by residential to the east, south, and north. Large undeveloped open space is located to the east, north, and south. Residential and commercial uses are located to the west. The proposed hotel's parcel is located on the northeast corner of Scripps Poway Parkway and Stowe Drive. The site was previously graded and developed with parking and landscape. To the 9 of99 1 July 20, 2021, Item #16EIS and Checklist immediate east of this parcel is an existing hotel building. Further east. south and north are light industrial and office buildings. West of this parcel is a small commercial center. 10. Other public agencies whose approval is required (e.g.: permits, financing approval, or participation agreement): None 11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.? In accordance with Government Code Sections 65352.3 and 65342.4 and Public Resources Code Section 21080.3.1, the City of Poway, as Lead Agency, sent a letter to the Tribal Representatives notifying the tribes identified by the Native American Heritage Commission (NAHC) of the proposed project in accordance with AB 52 and SB 18. The City received a response from the Viejas Band of Kumeyaay Indians and the San Pasqual Band of Mission Indians tribes, which are traditionally and culturally affiliated with the geographic area within the City of Poway's jurisdiction. Responses to the AB 52 and SB 18 consultation notices were received as discussed in this document. NOTE: Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See Public Resources Code section 21080.3.2.) Information may also be available from the California Native American Heritage Commission's Sacred Lands File per Public Resources Code section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that Public Resources Code section 21082.3(c) contains provisions specific to confidentiality. 10 of 99 2 July 20, 2021, Item #16EIS and Checklist Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. D Aesthetics D Agricultural /Forestry D Air Quality D Biological Resource Resources D Energy D Greenhouse Gas Emissions D Cultural Resources D Geology /Soils D Land Use and Planning D Hazards/Hazardous Materials D Hydrology I Water D Population and Housing D Mineral Resources Quality D Transportation D Public Services D Noise D Mandatory Findings of D Tribal Cultural Resources D Recreation Significance □ Wildfire D Utilities and Service Systems Determination (To be completed by the Lead Agency): On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment ~ and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, □ there will not be a significant effect in this case as revisions in the project have been made by or agreed to by the project proponent and/or mitigation has been agreed to. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an □ ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed MAY have a "potentially significant impact" or "potentially significant □ unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, □ because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Scott N espor June 9 2021 City of Poway Date 11 of 99 3 July 20, 2021, Item #16EIS and Checklist C. EIS and Checklist I. a. b. C. d. II. ISSUE AESTHETICS. Except as provided in Public Code Section 21099, would the project: Have a substantial adverse effect on a scenic vista? Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic hiQhwav? In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other reQulations ooverninQ scenic quality? Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? AGRICULTURAL AND FORESTRY RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the 12 of 99 POTENTIALLY POTENTIALLY SIGNIFICANT SIGNIFICANT UNLESS IMPACT MITIGATION INCORPORATED 4 LESS THAN NO SIGNIFICANT IMPACT IMPACT X X -X X X July 20, 2021, Item #16EIS and Checklist ISSUE state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a. Convert prime farmland, unique farmland, or farmland of statewide importance (farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b. Conflict with existing zoning for agricultural use, or a Williamson Act contract? C. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d. Result in the loss of forest land or conversion of forest land to non-forest land? e. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of farmland to non-agricultural use or conversion of forest land to non-forest use? Ill. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project: 13 of 99 POTENTIALLY POTENTIALLY SIGNIFICANT LESS THAN NO SIGNIFICANT UNLESS SIGNIFICANT IMPACT MITIGATION IMPACT IMPACT INCORPORATED X X X X X 5 July 20, 2021, Item #16EIS and Checklist POTENTIALLY ISSUE POTENTIALLY SIGNIFICANT LESS THAN NO SIGNIFICANT UNLESS SIGNIFICANT IMPACT IMPACT MITIGATION IMPACT INCORPORATED a. Conflict with or obstruct implementation of the applicable air X quality plan? b. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-X attainment under an applicable federal or state ambient air quality standard? C. Expose sensitive receptors to X substantial pollutant concentrations? d. Result in other emissions (such as those leading to odors adversely X affecting a substantial number of • • I ? IV. BIOLOGICAL RESOURCES. Would the project: a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or X regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, X regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? C. Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, X vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or X with established native resident migratory wildlife corridors, or 14 of 99 6 July 20, 2021, Item #16EIS and Checklist ISSUE impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation • I ? V. CULTURAL RESOURCES. Would the project: a. Cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5? b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? C. Disturb any human remains, including those interred outside of dedicated cemeteries? VI. ENERGY. Would the project: a. Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? b. Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? VII.GEOLOGY AND SOILS. Would the project: a. Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury or death involving: I) Rupture of a known earthquake fault, as delineated on the most 15 of 99 POTENTIALLY POTENTIALLY SIGNIFICANT LESS THAN NO SIGNIFICANT UNLESS SIGNIFICANT IMPACT IMPACT MITIGATION IMPACT INCORPORATED X X X X X X X X 7 July 20, 2021, Item #16EIS and Checklist POTENTIALLY ISSUE POTENTIALLY SIGNIFICANT LESS THAN NO SIGNIFICANT UNLESS SIGNIFICANT IMPACT IMPACT MITIGATION IMPACT INCORPORATED recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? X iii) Seismic-related ground failure, X including liquefaction? iv) Landslides? X b. Result in substantial soil erosion or X the loss of topsoil? C. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the X project, and potentially result in on-or offsite landslide, lateral spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 18-1-8 of the Uniform Building Code (1994), X creating substantial direct or indirect risk to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal X systems where sewers are not available for the disposal of wastewater? f. Directly or indirectly destroy a unique paleontological resource or site or X unique geologic feature? 16 of 99 8 July 20, 2021, Item #16EIS and Checklist VIII. GREENHOUSE GAS EMISSIONS. Would the project: a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of • h ? • IX. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment? C. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances or waste within one-quarter mile of an existing or proposed school? d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working within the project area f. Impair implementation of, or physically interfere with, an adopted emergency response plan or emergency evacuation plan? g. Expose people or structures either directly or indirectly, to a significant 17 of 99 X X X X X X X X X 9 July 20, 2021, Item #16EIS and Checklist risk of loss, injury or death involving wildland fires? X. HYDROLOGY AND WATER QUALITY. Would the project: a. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or round water ualit ? b. Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or through the addition of impervious surfaces, in a manner which would: (i) result in substantial erosion or siltation on-or offsite? (ii) substantially increase the rate or amount of surface runoff in a matter which would result in floodin on-or offsite; (iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of olluted runoff; or d. In flood hazard, tsunami, or seiche zones, risk release of pollutants due to ro·ect inundation? e. Conflict with or obstruct implementation of a water quality control plan or sustainable roundwater mana ement Ian? 18 of 99 -X X X X X X X X X 10 July 20, 2021, Item #16EIS and Checklist XI. LAND USE AND PLANNING. Would the project: a. Physically divide an established community? b. Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? XII. MINERAL RESOURCES. Would the project: a. Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? b. Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other I d I ? • XIII. NOISE. Would the project result in: a. Generation of a substantial temporary or permanent increase in ambient, noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b. Generation of, excessive ground borne vibration or ground borne noise levels? C. For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? XIV. POPULATION AND HOUSING. Would the project: a. Induce substantial unplanned population growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through 19 of 99 X X X X X X X X 11 July 20, 2021, Item #16EIS and Checklist extension of roads or other infrastructure)? b. Displace substantial numbers of existing people or housing, necessitating the construction of re lacement housin elsewhere? a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the ublic services. a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse h sical effect on the environment? a. Conflict with program plan, ordinance or policy addressing the circulation system, including transit, roadway, bic cle and edestrian facilities? b. Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision b ? C. Substantially increase hazards due to a geometric design feature (e.g.: shar curves or dan erous 20 of 99 X X X X X X 12 July 20, 2021, Item #16EIS and Checklist intersections) or incompatible uses (e.Q.: farm equipment)? d. Result in inadequate emergency access? XVIII. TRIBAL CULTURAL RESOURCES a. Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: i. Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or ii. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. XIX. UTILITIES AND SERVICE SYSTEMS. Would the project: a. Require or result in the relocation or construction of new or expanded water wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause siqnificant environmental effects? 21 of 99 X X X X 13 July 20, 2021, Item #16EIS and Checklist b. Have sufficient water supplies available to serve the project and reasonably foreseeable future X development during normal, dry and multiple dry years? C. Result in the determination by the wastewater treatment provider, which serves or may serve the project, that it has adequate capacity X to serve the project's projected demand in addition to the provider's existing commitments? d. Generate solid waste in excess of State or local standards, or in excess of the capacity of local X infrastructure, or otherwise impair the attainment of solid waste reduction goals? e. Comply with federal, state and local management and reduction statutes X and regulations related to solid waste? XX. WILDFIRE If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project: a. Substantially impair an adopted emergency response plan or X emergency evacuation plan? b. Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project X occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? C. Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, X power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d. Expose people or structures to significant risks, including downslope or downstream flooding or landslides, X as a result of runoff, post-fire slope instability, or drainage changes? 22 of 99 14 July 20, 2021, Item #16EIS and Checklist XXI. MANDATORY FINDINGS OF SIGNIFICANCE a. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to X eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples or the major periods of California history or prehistory? b. Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulative considerable" means that the incremental effects of a X project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? C. Does the project have environmental effects which will cause substantial X adverse effects on human beings either directly or indirectly? 23 of 99 15 July 20, 2021, Item #16EIS and Checklist D. DISCUSSION OF ENVIRONMENTAL EVALUATION Please refer to the Environmental Initial Study Checklist Form above when reading the following evaluation. I. AESTHETICS: a. Less than Significant Impact. The Project would not result in substantial adverse effects to any scenic vistas. Although the City does not specifically designate scenic vistas, the City is surrounded by coastal foothills. Mount Woodson and Iron Mountain are along the City's eastern boundary. To the distant east are the Cuyamaca Mountains and to the distant north is Palomar Mountain which is occasionally visible on days with clear visibility. The Project includes an amendment to the South Poway Specific Plan to modify the development standards for hotel buildings to have a 60-foot height limit and contain no more than five stories. Hotels are limited to sites designated South Poway Commercial (SPC) and, if over 35-feet tall, they would need to be adjacent to Scripps Poway Parkway and between Community Road and Kirkham Road. Hotel buildings exceeding 35-feet in overall height would be required to demonstrate that there is a negligible visual impact on adjoining areas as part of a Conditional Use Permit (CUP) review. The Project also includes a proposal to construct and operate a hotel that will be 59.33-feet tall and contain five stories. The visual analysis showed that because of the distance of the business park to adjoining residential areas, that the viewshed of distant foothills and mountains would have a negligible impact by the Project. The relative small footprint of the proposed 59.33-foot tall hotel building will have negligible impacts on the viewshed of adjoining commercial and adjoining buildings. b. No Impact. The project site is not located in the vicinity of any State scenic highway, the proposed project would not damage any scenic resources within a State scenic highway. No impact would occur. c. Less Than Significant Impact. The Project includes the construction and operation of a five-story hotel with an overall height of 59.33-feet located at 14082 Stowe Drive. A visual analysis prepared for the Project demonstrated that the proposed building will have minimal visual or aesthetic impacts. The analysis showed that the hotel building is surrounded by larger scale buildings that have more mass than the proposed hotel that utilizes a relatively much smaller footprint. To the north, most of the residential areas are on lower elevations than the business park, which was built on a mesa. The hillsides screen most of the business park from the views of these residential areas. The homes on Sky Mountain Trail were built on an intermediate ridge directly north of the business park, and these homes have views of the entire business park. Their views will also include the proposed hotel building. The residential areas to the south are also built at a similar elevation as the business park. The visual analysis included 24 of 99 16 July 20, 2021, Item #16EIS and Checklist photo-simulations that showed that although the top floors of the hotel will be visible to the south and areas farther north, the hotel building will be much smaller than the bulk of the much larger light industrial and warehouse buildings located in the business park. Future hotel buildings will need to perform a visual analysis to determine a negligible impact on the viewsheds of adjoining residential areas. d. Less Than Significant Impact. The proposed hotel site is currently vacant and located within an existing business park. The building will include installation of exterior lighting. All building lights will need to meet standards for exterior lighting in South Poway Specific Plan. II. AGRICULTURAL AND FORESTRY_RESOURCES: a. No Impact. The proposed hotel site was previously graded for a building pad and parking lot. Thus, the project would not result in the conversion of Prime Farmland, Unique Farmland or Farmland of Statewide Importance to non-agricultural uses. No impact would occur. b. No Impact. The proposed hotel site is not being used for agricultural production and does not contain Williamson Act contract land. No impact would occur. c. No Impact. The proposed hotel site does not contain, and is not zoned for, forest land, timberland or timberland zoned Timberland Production. No impact would occur. d. No Impact. As stated in response 11.c, the proposed hotel site is not located in an area containing forest land. Accordingly, the project would not convert any forest land to non-forest use, and no impact would occur. e. No Impact. The Project would not directly impact agriculture or forest lands, nor introduce new elements into the landscape that would contribute to future conversion of agricultural use to non-agricultural use or forest land to non-forest use. No impact would occur. Ill. AIR QUALITY: 25 of 99 a. No Impact. The City of Poway is part of the San Diego Air Basin and air quality in the area is administered by the San Diego County Air Pollution Control District (APCD). An air quality management plan (AQMP) describes air pollution control strategies to be taken by a City, County or region classified as a non-attainment area to meet the Clean Air Act (CAA) requirements. The main purpose of an AQMP is to bring the area into compliance with the requirements of federal and state air quality standards, and to coordinate regional and local governmental agencies to achieve air quality improvement goals. A San Diego Regional Air Quality Strategies Plan -1994 0ointly developed by the Air Pollution Control District and the San Diego Association of Governments-SANDAG) exists for the San Diego area and provides strategies for pollution control to improve air quality in the region. Land use plans and build out projections of the General Plans of 17 July 20, 2021, Item #16EIS and Checklist 26 of 99 jurisdictions within the San Diego area were considered in establishing the strategies of the Regional Air Quality Strategies Plan. The Poway General Plan includes strategies that are directed toward reducing air emissions through land use patterns, transportation planning, regional agency cooperation, energy conservation, and construction. The project is consistent with the Poway General Plan strategies, in that the General Plan envisioned this type of development on the project site, therefore it is also consistent with the San Diego Regional Air Quality Strategies Plan. No impact would occur. b. No Impact. See response Ill.a above. c. No Impact. Grading of the project will likely result in the creation of dust and can affect the surrounding area. Standard City best management practice requirements include implementation of dust control measures and the operations are subject to San Diego Air Pollution Control District standards. No impacts would occur. d. No Impact. The project will not result in the creation of objectionable odor. No impact would occur. 18 July 20, 2021, Item #16EIS and Checklist 1v.· BIOLOGICAL RESOURCES: a. No Impact. The proposed hotel site was previously graded for a building pad and parking lot. Thus, the project would not result in an impact to native habitat or biological resources. b. No Impact. See IV.a. c. No Impact. The proposed hotel site and adjoining areas do not contain any wetlands. No impact would occur. d. No Impact. See IV.a. e. No Impact. See IV.a. f. No Impact. See IV.a. V. CULTURAL RESOURCES: a. No Impact. The proposed hotel site was previously graded to create a building pad and a parking lot and does not contain any historical resources. No impact would occur. b. No Impact. The proposed hotel site was previously graded to create a building pad and a parking lot and does not contain any archeological resources. No impact would occur. c. No Impact. See V.b. VI. ENERGY 27 of 99 a. No Impact. The project involves the construction of a proposed 58-room hotel. Construction of the project would create temporary increased demands for electricity and vehicle fuels compared to existing conditions. Construction of the project would require electricity use to power construction equipment. Electricity use during construction would vary during different phases of construction. The majority of construction equipment would be gas powered. Adequate electrical infrastructure capacity is available to accommodate the electricity demand during construction. There is sufficient electricity infrastructure in the region for the increase in electricity demand by the proposed hotel and the project would not require expanded electricity supplies. Therefore, there would be no impacts from energy use during short-term construction activities of the proposed hotel and subsequent use of the property. b. No impact. Title 24 of the California Code of Regulations contains energy efficiency standards for residential and nonresidential buildings based on a state mandate to reduce California's energy demand. Specifically, Title 24 addresses a number of energy efficiency measures that impact energy used for lighting, water heating, heating, and air conditioning, including the energy impact of the building envelope such as windows, doors, skylights, wall/floor/ceiling 19 July 20, 2021, Item #16EIS and Checklist assemblies, attics, and roofs. Part 6 of Title 24 specifically establishes energy efficiency standards for residential and non-residential buildings constructed in the State of California in order to reduce energy demand and consumption. The proposed project would comply with Title 24, Part 6, per state regulations. In accordance with Title 24 Part 6, the proposed project would have: (a) sensor-based lighting controls-for fixtures located near windows, the lighting would be adjusted by taking advantage of available natural light; and, (b) efficient process equipment-improved technology offers significant savings through more efficient processing equipment. Title 24, Part 11, contains voluntary and mandatory energy measures that are applicable to the proposed project under the CALGreen Code. In accordance with Title 24, Part 11, mandatory compliance, the applicant would have: (a) 50 percent of its construction and demolition waste diverted from landfills; (b) mandatory inspections of energy systems to ensure optimal working efficiency; ( c) low pollutant-emitting exterior and interior finish materials, such as paints, carpets, vinyl flooring, and particle boards; and, (d) a 20 percent reduction in indoor water use. Compliance with all of these mandatory measures would decrease the consumption of electricity, natural gas, and petroleum. Because the proposed project would comply with Title 24, Part 6 and Part 11, no conflict with existing energy standards and regulations would occur. Therefore, no impacts would occur. VII. GEOLOGY AND SOILS: 28 of 99 a.i) No Impact. No active known faults traverse the project site or are near the site. The nearest known fault is an unnamed fault located approximately three miles west of the project site. Murphy Canyon Fault is the nearest main southern California fault, located approximately ten miles southwest of the project site. Three major fault systems within the project vicinity include the Elsinore, San Jacinto and Rose Canyon faults. The active Elsinore fault trends northwest and is about 22 miles northeast of Poway. The San Jacinto fault is also an active northwest-trending fault about 45 miles northeast of Poway. The Rose Canyon fault is located about 16 to 20 miles west of Poway in the Pacific Ocean and is considered potentially active. There is potential for some local damage in the event of a major earthquake along one of these fault systems which could result in significant impacts to project facilities. While the potential for on-site rupture cannot be completely discounted (e.g. unmapped faults could conceivably underlie the site), the likelihood for such an occurrence is considered low due to the absence of known faulting within or adjacent to the site. No impact would occur. a.ii) No Impact. The project site is located in seismically active southern California and is likely to be subjected to moderate to strong seismic ground shaking. Seismic shaking at the site could be generated by events on any number of known active and potentially active faults in the region, including several unnamed faults, larger faults such as Murphy Canyon Fault, and major fault systems such as Elsinore, San Jacinto and Rose Canyon. An earthquake along any of these known active fault zones could result in severe ground shaking and consequently cause injury and/or property damage in the project vicinity. This could potentially result in significant impacts to project facilities. The building will be designed and constructed to incorporate measures to accommodate projected 20 July 20, 2021, Item #16EIS and Checklist seismic loading in compliance with current construction codes. These codes are produced through joint efforts by industry groups to provide standard specifications for engineering and construction activities. They are widely accepted by regulatory authorities and are regularly included in related standards such as municipal building and grading codes, and they include measures to accommodate seismic loading parameters. The residence will be designed and constructed to accommodate projected seismic loading, pursuant to these existing guidelines. No impact would occur. a.iii) No Impact. No impacts resulting from seismically related ground failure would occur. a.iv) No Impact. The project site is not underlain by formations identified as susceptible to seismically induced landslides. No impact would occur. b. No Impact. The proposed hotel site was previously graded to create a building pad and a parking lot. Additional grading activities will comply with City requirements, including implementation of standard erosion control measures, and will not result in substantial soil erosion or the loss of topsoil. No impact would occur. c. No Impact. The project site is not located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project. The building pad and access for the proposed residence will be graded according to City requirements and fill material which will be compacted in compliance with City standards and inspected for adequacy before the issuance of any building permits. No impact would occur. d. No Impact. Expansive soils change in volume (shrink or swell) due to changes in moisture content of the soil. The buildings will be constructed in accordance with geotechnical recommendations that incorporate California Building Code (CBC) standards, as required by the City of Poway. No impact would occur. e. No Impact. The project site will be served by the public sewer system and will receive final approval prior to building permit issuance. No impact would occur. f. No Impact. The project does not propose any significant ground excavation activities that could affect potentially present and unknown paleontological resources or unique geologic features. Therefore, no impact to paleontological resources would occur. VIII. GREENHOUSE GAS EMISSIONS: 29 of 99 a & b. Less Than Significant Impact. Greenhouse gases (GHG), allow solar radiation (sunlight) into the Earth's atmosphere, but prevent radiative heat from escaping, thus warming the Earth's atmosphere. GHGs are emitted by both natural processes and human activities; and the accumulation of GHGs in the atmosphere regulates the Earth's temperature. Emissions of GHGs in excess of natural ambient concentrations are thought to be responsible for the enhancement of the greenhouse effect and contributing to what is termed "global 21 July 20, 2021, Item #16EIS and Checklist warming." GHG impacts that attributable to this proposed project are emissions associated with construction activities and operations related to traffic and energy use. A trip generation evaluation was prepared for the project that included a comparison to a restaurant, which was originally planned for the site. The trip generation evaluation showed that the proposed 58-room hotel will generate 522 Average Daily Trips (ADT) compared to the 912 ADT for a 5,700 square foot restarant conceptualized for the site as part of the development for the adjoining hotel. Furthermore, the emissions associated with the project will be further reduced to a level that is consistent with the goals of AB 32 to reduce statewide GHG emissions through the implementation mobile source emission regulations, Title 24 energy efficiency requirements, and renewable portfolio standards adopted by the State of California. No impact to cumulatively considerable global climate change would be caused by the proposed project. IX. HAZARDS AND HAZARDOUS MA TE RIALS: a -c. No Impact. The project involves the construction of a proposed hotel building. No transport, storage or use of hazardous materials beyond that which typically occurs with a hotel use will occur. No impact would occur. d. No Impact. The site is not on the established lists of hazardous wastes site. No impact would occur. e. No Impact. The closest airports to the project site are Marine Corps Air Station Miramar, located approximately nine miles southwest of the project site, and Gillespie Field, located approximately eight miles east of the project site. The project site is located within the designated Review Area 2 Airport Influence Area of the Marine Corps Air Station Miramar. According to the Section 2.6.2(a)(2) of the Airport Land Use Commission Policies, the proposed project does not include features that require review by the Airport Land Use Commission. The project site is not located within the influence area of the Gillespie Field. The project would not result in a safety hazard for people residing or working in the project area and no impact would occur. f. No Impact. The project would not impair or physically interfere with an adopted emergency response or evacuation plan. Operation of the project would not interfere with people's ability to utilize roadways for evacuation purposes. No impact would occur. g. No Impact. According to the Very High Fire Hazard Severity Zones (VHFHSZ) map for Poway (CAL FIRE 2009), the project site is not located within the VHFHSZ. X. HYDROLOGY AND WATER QUALITY: 30 of 99 a. No Impact. The project will comply with all storm water quality regulations or waste discharge requirements surface water quality as governed by the State Water Resources Control Board (SWRCB), the County of San Diego, and the 22 July 20, 2021, Item #16EIS and Checklist City of Poway. The project will require a grading permit, a Stormwater Pollution Prevention Plan (SWPPP), and a Storm Water Quality Management Plan (SWQMP), which will be ensured as part of the project improvements plan review and building permit process. The project incorporates stormwater basins and will not violate any water quality standards or waste discharge requirements. No impact would occur. b. No Impact. The project does not propose any construction activities that would directly affect groundwater, contribute to the depletion of groundwater supplies or interfere with groundwater recharge through the installation and use of Storm Water Basin and Low Impact Development (LID) features. No impact would occur. c.i-iv) No Impact. The project has been designed such that there is no change in the direction of existing stormwater runoff on the site. Nor will there be an increase in the amount or rate of storm water runoff beyond which currently occurs. The project will implement LID features and will include the construction of storm water treatment facilities. The stormwater management facilities are required to be maintained throughout the life of the project as outlined in section 16.104 of the Poway Municipal Code. No impact would occur. d. No Impact. The project is not located in a flood hazard, tsunami, or seiche zone that would pose the risk of pollutants being released due to project inundation. No impact would occur. e. No Impact. See X.a and X.b above. No impact would occur. XI. LAND USE AND PLANNING: a. No Impact. The project will not divide an established neighborhood. Therefore, no impact would occur. b. No Impact. The project site is located within the South Poway Specific Plan area with a South Poway Commercial land use designation where hotels are classified as a conditional use. The maximum height for a hotel is 45 feet. The proposed 60-foot tall hotel does not comply with current zoning regulations. However, the existing 45-foot height maximum was not adopted to mitigate an environmental impact. A Specific Plan Amendment is proposed that would allow hotels to have a maximum height of 60 feet. If the Specific Plan Amendment is approved, the proposed hotel would be consistent with height regulations. Therefore, no impact would occur. XII. MINERAL RESOURCES: 31 of 99 a & b. No Impact. Pursuant to the City of Poway Master Environmental Assessment prepared in conjunction with the update to the Poway General Plan in 1991, there are no known mineral resources on the site. Therefore, no impacts would occur. 23 July 20, 2021, Item #16EIS and Checklist XIII. NOISE: a. Less Than Significant Impact. Noise from the project will be that which is typical of other commercial uses in the area and will not impact adjacent uses. The project construction activities will result in temporary or periodic increases in noise level and type typical for the neighborhood. Per City standards, the noise generating construction activities are limited to certain times of the day and days of the week. Impact are less than significant b. Less Than Significant Impact. The project grading and construction activities may result in temporary or periodic increases in the generation of excessive ground borne vibration or ground borne noise levels typically related to construction. However, considering that noise generating construction activities per City codes are limited to certain times of the day and days of the week, the impact would be less than significant impact could occur. b. No Impact. The closest airports to the project site are Marine Corps Air Station Miramar, located approximately nine miles southwest of the project site, and Gillespie Field, located approximately eight miles east of the project site. Thus, operation of the project would not result in a noise hazard for people working in the project area and no impact would occur. XIV. POPULATION AND HOUSING: a & b. No Impact. The project will not induce growth indirectly as it will be serviced by existing infrastructure within the project vicinity. Additionally, no people or housing will be displaced as the site is currently vacant. Therefore, no impact would occur. XV. PUBLIC SERVICES: 32 of 99 a. i. Fire Protection -No Impact. The project site is served by the City of Poway Fire Department. The incremental increase in potential for an unexpected emergency call to this project can be accounted for as the site is already included within the Fire Department service area. No new or upgraded fire protection facilities would be required as a result of this project and no physical impacts resulting from construction of new facilities are identified. Less than significant impact would occur. a.ii. Police Protection -No Impact. The City of Poway contracts with the San Diego County Sheriff's Department for law enforcement services. The project site is currently served by the Poway Station, which is located at 13100 Bowron Road. The site is included within the Sheriff's service area. Any specific service provided that should be an (unexpected) emergency call to the site is accounted for. No new or upgraded police protection facilities would be required as a result of establishment of this project and no physical impacts resulting from construction of new facilities and increase in preschool student count are identified. A less than significant impact would occur. 24 July 20, 2021, Item #16EIS and Checklist a.iii. Schools -No Impact. The proposed hotel will not generate the need for additional school facilities. No impact would occur. a.iv. Parks -No Impact. The proposed hotel will not generate the need for additional park space. No impact would occur. a.v. Other Public Facilities -No Impact. The project would not result in new or physically altered public facilities. The project will be connected to an existing water main, sewer mail, and stormwater facilities will be provided on-site. No impact would occur. XVI. RECREATION: a & b. No Impact. The proposed project does not include residential uses. Therefore, no impact will occur. XVII. TRANSPORTATION: a. No Impact. The construction of the proposed hotel would not be in conflict with program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities. No impact will occur. b. No Impact. A trip generation evaluation was prepared for the project that included a comparison to a restaurant, which was originally planned for the site. The trip generation evaluation showed that the proposed 58-room hotel will generate 522 Average Daily Trips (ADT) compared to the 912 ADT for a 5,700 square-foot restaurant conceptualized for the site as part of the development for the adjoining hotel. The proposed project would cause less than a significant transportation impact. No impact will occur. c. No Impact. The proposed project would not affect the design of streets. The existing driveway will be used as access to the site. No impact will occur. d. No Impact. The project will not result in inadequate emergency access as the site will be accessed via the existing driveway from the public street. The project will provide for an appropriate turn-around for emergency vehicles. No impact will occur. XVIII. TRIBAL CULTURAL RESOURCES: 33 of 99 a.i) No Impact. The project site is not on a "Local register of historical resources" and is not officially designated or recognized as historically significant by the City of Poway. No impact would occur. a.ii) No Impact. See V.b and V.c. In accordance with Government Codes Sections 65352.3 and 65342.4 and Public Resources Code Section 21080.3.1, the City of Poway, as Lead Agency, sent a letter to the Tribal Representatives notifying the tribes identified by the Native American Heritage Commission (NAHC) of the proposed project in 25 July 20, 2021, Item #16EIS and Checklist 34 of 99 accordance with AB 52 and SB 18. The City received a response from the Viejas Band of Kumeyaay Indians and the San Pasqual Band of Mission Indians tribes, which are traditionally and culturally affiliated with the geographic area within the City of Poway's jurisdiction. Responses to the AB 52 and SB 18 consultation notices were received and tribal representatives requested a cultural monitor be present during any ground disturbing activities. Monitoring requirements are incorporated into the project. 26 July 20, 2021, Item #16EIS and Checklist XX. UTILITIES AND SERVICE SYSTEMS: a. No Impact. The proposed project, construction of a proposed hotel, will not impact an adopted emergency response plan or emergency evacuation plan. Therefore, no impact would occur. b. No Impact. The resulting increased water use from the addition of proposed hotel would be considered insignificant. The project will be served by the City of Poway which has a sufficient water supply available to serve this project. No impact would occur. c. No Impact. The proposed hotel would result in an insignificant increase in wastewater generation. The project includes on-site stormwater treatment facilities and will be served by a new connection to the wastewater system. The City of San Diego treatment plant has adequate capacity to treat the incremental wastewater generated by the project. No impact would occur. d. No Impact. Construction of the proposed project would result in the generation of solid waste such as scrap lumber, concrete, residual wastes, packing materials, and plastics. The project would be required to dispose of such materials according to a Construction Waste Management Plan. The use of the proposed hotel will result in the incremental generation of solid waste which can be handled by EDCO who currently is contracted with the City of Poway to provide waste management services, including solid waste collection and disposal as well as sorting of recyclables. The solid waste generated by the project is not anticipated to significantly impact the life expectancy of the landfill that serves the city. Therefore, no impact would occur. e. No Impact. This project will be required to comply with and meet all applicable federal, state, and local statutes and regulations regarding solid waste collection and disposal. The facility will appropriately separate its waste so that recyclable waste is separated from landfill trash in accordance with the City's waste reduction and recycling program. Therefore, no impact would occur. XXI. WILDFIRE: 35 of 99 a. No Impact. See Section XV.a.i. (Public Services -Fire Protection). b. No Impact. The proposed development would use required materials and construction methods to address wildfire exposure and meet other construction standards for development established by the California Building Code and related City of Poway amendments. Accordingly, the exposure of pollutant concentrations for a wildfire or the uncontrolled spread of wildfire on project occupants will be less than significant. c. No Impact. Powerlines and other utilities for the project are placed underground. Therefore, the project will have less than a significant impact on fire risk and temporary or ongoing impacts to the environment. 27 July 20, 2021, Item #16EIS and Checklist d. No Impact. The proposed hotel will be placed on a building pad that will be modified per an approved grading plan that includes verification of soil compaction and installation of on-site stormwater treatment facilities based on-site-and project-specific conditions. Therefore, the proposed project will result in less than significant risk and impact related to downslope or downstream flooding or landslides as a result of runoff, post-fire slope instability, or drainage changes. XXII. MANDATORY FINDING OF SIGNIFICANCE: 36 of 99 a. No Impact. The project does not have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples or the major periods of California history or prehistory. b. & c. No Impact. The project, considered cumulatively with past and future projects, will not result in significant impacts. The project, as well as past projects and future projects have or will comply with the land use and density limitations of the City's General Plan. Infrastructure and services per the General Plan, are in place or are planned and will be provided to accommodate future growth. The project would not have any environmental effects which will cause substantial adverse effects on human beings either directly or indirectly. 28 July 20, 2021, Item #16ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT 20-002 TO THE SOUTH POWAY SPECIFIC PLAN TO ALLOW HOTEL BUILDINGS TO CONTAIN A MAXIMUM OF FIVE STORIES WITHIN A 60-FOOT HEIGHT ALLOWANCE WHEREAS, Chapter 17.47 (Specific Plan Regulations) of Title 17 (Zoning Development Code) of the Poway Municipal Code provides the requirements for the initiation, preparation, and adoption of Specific Plans in accordance with Section 65450, et seq. of the California Government Code (Article 8, Specific Plan); WHEREAS, Specific Plan Amendment (SPA) 20-002, is a proposal to allow hotel buildings to contain a maximum of five stories within a 60-foot height allowance. It is proposed in association with Conditional Use Permit (CUP) 20-004 and Development Review (DR) 20-005 which consist of a proposal to allow a 59-foot tall hotel building at 14082 Stowe Drive; WHEREAS, on July 20, 2021, the City Council held a duly advertised public hearing to solicit comments from the public, both in favor and against SPA20-002; and WHEREAS, the City Council has read and considered the agenda report for the proposed project and has considered other evidence presented at the public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1: The above recitations are true and correct. SECTION 2: As required under the California Environmental Quality Act (CEQA), an Environmental Initial Study (EIS) was completed for the project. Studies were submitted relating to traffic and visual impact. A letter was sent to the tribal representatives which are traditionally and culturally affiliated with the geographic area within the City of Poway's jurisdiction. The EIS determined that the project would not have a significant effect on the environment. A Notice of the Availability of the EIS and proposed ND for public review and comment was provided pursuant to the requirements of CEQA. SECTION 3: The City Council hereby approves this Ordinance (SPA 20-002), in association with CUP 20-004 and DR 20-005, and amends certain sections of the SPSP as specified below. Removals are indicated with strikethroughs and additions are indicated with underline. SECTION 4: Chapter 3, Section IV, Subsection B Item 3(d) of the SPSP Volume 2 shall be amended as follows: 37 of 99 3. Height [Excerpt only] d. The maximum height of a hotel or motel shall not exceed 35 feet. No more than three stories shall be contained within the 35-foot height limit. On parcels less than two acres adjacent to Scripps-Poway Parkway, between Community Road and Danielson Street. ATTACHMENT 8 July 20, 2021, Item #16Ordinance No. *** Page 2 the maximum height of a hotel or motel shall not exceed 60 feet where it can be demonstrated that the visual impacts are found to be negligible. SECTION 5: Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact of any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. SECTION 6: This Ordinance shall be codified. SECTION 7: All references to the Government Code are inclusive of any amendments that may occur following adoption of this Ordinance. EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption. CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen ( 15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933. INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 20th day of July, 2021, and thereafter PASSED AND ADOPTED at a Regular Meeting of said City Council held the 3rd day of August, 2021, by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Deborah Harrington, Interim City Clerk 38 of 99 July 20, 2021, Item #16RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 20-004 AND DEVELOPMENT REVIEW 20-005 FOR THE CONSTRUCTION AND OPERATION OF A FIVE STORY AND 59-FOOT TALL HOTEL WITH 58 HOTEL ROOMS LOCATED AT 14082 STOWE DRIVE WITHIN THE SOUTH POWAY COMMERCIAL LAND USE DESIGNATION OF THE SOUTH POWAY SPECIFIC PLAN AREA; ASSESSOR PARCEL NUMBER: 323-481-19 WHEREAS, the City Council considered Conditional Use Permit (CUP) 20-004 and Development Review (DR) 20-005; a proposed 59-foot tall hotel building containing five stories (Project) on property located at 14082 Stowe Drive within the South Poway Commercial (SPC) land use designation of the South Poway Specific Plan (SPSP) area; WHEREAS, on July 20, 2021, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to CUP 20-004 and DR 20-005 and associated Specific Plan Amendment (SPA) 20-002; and WHEREAS, the City Council has read and considered the agenda report for the proposed Project, including the attachments, and has considered all other evidence presented at the public hearing; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: As required under the California Environmental Quality Act (CEQA), an Environmental Initial Study (EIS) was completed for the project. Studies were submitted relating to traffic and visual impact. A letter was sent to the tribal representatives which are traditionally and culturally affiliated with the geographic area within the City of Poway's jurisdiction. The EIS determined that the project would not have a significant effect on the environment. A Notice of the Availability of the EIS and proposed ND for public review and comment was provided pursuant to the requirements of CEQA. SECTION 2: The City Council finds the proposed Project is consistent with the SPSP generally, including the (SPC) land use designation. SECTION 3: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code (PMC) (Findings required for a conditional use permit), for CUP 20-004 are made as follows: A. The location, size, design and operating characteristics of the proposed use are in accordance with the title and purpose of Chapter 17.48 PMC (Conditional Use Permits Regulations), the General Plan, and the development policies and standards of the City in that hotels are permitted as a conditional use within the SPC zone. The proposed project meets all City development standards. B. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, people, buildings, structures, or natural resources in that the proposed hotel will be located 39 of 99 ATTACHMENT C July 20, 2021, Item #16Resolution No. 21 Page 2 within a new hotel building with all business operations occurring inside the building. Additionally, it has been demonstrated that the project will have access to 61 parking spaces: 50 of which are either completely or partially on-site and 11 of which are on the adjoining parcel at 14068 Stowe Drive, which is allowed under a reciprocal access and parking agreement. C. The proposed use is in harmony with the scale, bulk, coverage, and density of, and is consistent with the adjacent area in that the proposed 58-room hotel will be in a building that meets the revised allowance for the SPC zone. A visual analysis for the project demonstrated that the building's scale and mass is smaller than that of surrounding warehouse and light industrial buildings and it will not have a significant negative effect. D. There are adequate public facilities, services and utilities available at the subject site to serve the proposed use. E. There will not be a harmful effect upon desirable neighborhood characteristics in that the proposed hotel is architecturally compatible with the SPSP guidelines and the building will meet the setbacks and revised height limit for properties designated SPC. F. The generation of traffic will not adversely impact the capacity and physical character of the surrounding streets and/or the Circulation Element of the General Plan in that the parking evaluation demonstrated that the 58-room hotel will generate less vehicle trips than those generated for a restaurant previously considered for the site. G. The site is suitable for the type and intensity of use or development that is proposed in that the required 61 parking spaces which can be accommodated by a combination of parking space found on-site and on the adjoining parcel at 14068 Stowe Drive which will provide 214 parking spaces. H. There will not be significant harmful effects upon environmental quality and natural resources in that the site is fully developed and contains no natural habitat. I. There are no relevant negative impacts of the proposed use that cannot be mitigated. J. That the impacts, as described in subsections A through I of this Section, and the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan. K. That the proposed conditional use will comply with each of the applicable provisions of Title 17. SECTION 4: The findings for DR 20-005, in accordance with the Poway Municipal Code (PMC) Chapter 17.52.010 Purpose of Development Review, are made as follows: A. The Project is consistent with the SPSP and the Poway General Plan in that the proposed Project has been designed to comply with all City site development standards. B. The approved Project will not have an adverse aesthetic, health, safety, or architecturally-related impact upon adjoining properties, in that the design of the building for the intended 40 of 99 July 20, 2021, Item #16Resolution No. 21 Page 3 purpose conforms to the criteria of the SPSP Development Standards, and will be compatible with current and future buildings in the vicinity. A visual analysis for the project demonstrated that the building's scale and mass is smaller than that of surrounding warehouse and light industrial buildings and it will not have a significant negative effect. C. The approved Project encourages the orderly and harmonious appearance of structures and property within the City in that the Project, as conditioned, is consistent with the general design standards in the SPSP. SECTION 5: The findings, in accordance with Government Code Section 66020 for the public improvements needed as a result of the proposed development to protect the 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 6: The City Council hereby approves DR 20-005, in association with SPA 20-002, as shown on the approved plans incorporated by reference herein as shown on the approved plans stamped as "Exhibit A", and dated July 20, 2021 on file in the Development Services Department except as noted 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 DR 20-005) 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, 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 plans stamped "Exhibit A", and dated July 20, 2021 on file in the 41 of 99 July 20, 2021, Item #16Resolution No. 21 Page 4 Development Services Department. If actual conditions and details vary from representations, 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 (PMC Chapter 8.08) 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 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. F. The approval of DR 20-005 does not become effective until the ordinance approving SPA 20-002 is effective. G. Prior to issuance of a Building Permit, the applicant shall obtain approval of a Grading Permit. Compliance with the following conditions is required prior to issuance of the Grading Permit: (Engineering) 1. Submit a precise grading plan for the development of the lot prepared on a City of Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City project engineer. Submittal shall be made to the Department of Development Services Engineering Division for review and approval. The grading design shall be 100% complete at the time of submittal, ready for approval and issuance of permit. Incomplete submittals will not be accepted. All technical studies as required by Chapter 16 of the Poway Municipal Code shall be submitted. The applicant shall pay the grading permit and plan check fee according to the latest adopted master fee schedule. 2. Applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the grading plan and be appropriately sized for the proposed level of development. 3. A drainage study addressing the impacts of the 100-year storm event prepared by a licensed Civil Engineer is to be submitted and approved. The study shall evaluate existing and proposed hydrologic and hydraulic conditions to the satisfaction of the City project engineer. 4. 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 42 of 99 July 20, 2021, Item #1643 of 99 Resolution No. 21 Page 5 and will be subject to all City and State requirements. Two copies of a final Storm Water Quality Management Plan (SWQMP) prepared by a registered Civil Engineer is to be submitted and approved. Once the final SWQMP is approved; a. Provide two copies of an Operation & Maintenance (O&M) plan in accordance with Chapter 16.104 of the Poway Municipal Code, and a signed PDF version. b. Property owner shall execute an approved Storm Water Management Facilities Maintenance Agreement accepting responsibility for all structural BMP maintenance, repair and replacement as outlined in the Operations and Maintenance plan. The operation and maintenance requirements shall be binding on the land throughout the life of the project as outlined in section 16.104 of the Poway Municipal Code. 5. Grading securities shall be posted with the City prior to grading plan approval per section 16.46.080 of the Poway Municipal Code. A minimum cash security of $2,000 is required in all instances. 6. The applicant shall pay the storm water pollution inspection fee according to the latest adopted master fee schedule. 7. Following approval of the grading plans, posting of securities and fees, and receipt of four copies of the approved plans, the applicant shall attend a pre-construction meeting at the Department of Development Services. The scheduling request shall be submitted on a City standard form available from the City's project engineer along with four copies of the approved grading plans. The 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. 8. 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. 9. Construction staking is to be inspected by the Engineering Inspector prior to any clearing, grubbing or grading. At a minimum, all protected areas as shown on the approved grading plans are to be staked under the direction of a licensed land surveyor or licensed civil engineer and delineated with lathe and ribbon. As applicable, provide two copies of a written certification, signed and sealed in accordance with the Business and Professions Code, by the engineer of record stating that all protected areas have been staked in accordance with the approved plans. (Planning) 10. Label and dimension all surface improvements (e.g., walkways, patios, landscape areas). The grading plan shall indicate the location of the projects required trash enclosure area. The area shall be an adequate size to accommodate recycled material and composting bins in addition to the trash dumpster. 11. A Tree Removal Permit shall be obtained prior to the removal of all existing trees. A July 20, 2021, Item #1644 of 99 Resolution No. 21 Page 6 separate permit is required for trees within the public right-of-way and trees located on private property. The removal of both public and private trees shall conform to Chapter 12.32 (Urban Forestry) Articles II and Ill of the PMC. If the trees are proposed to be removed during the recognized nesting season for birds (February 15 through August 15), a nesting bird survey shall be conducted by a qualified 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. 12. Landscape and irrigation on-site and within the right-of-way fronting the property shall be provided in accordance with the SPSP and the Poway Landscape and Irrigation Design Manual. Plans shall be submitted and a minimum of one staff review shall be completed prior to issuance of a grading permit. The landscape and irrigation plans shall demonstrate compliance with the City of Poway Landscape and Irrigation Design Manual, PMC Chapter 17.41, and all other applicable standards in effect at the time of landscape and irrigation plan check submittal. The landscape and irrigation plan submittal is a separate submittal from other Project plan check submittals, and is made directly to the Planning Division. Contact the Planning Division for copies of applicable City standards, the landscape and irrigation plan submittal checklist and the plan review fee worksheet. Landscape and irrigation plan review fees are required and are the responsibility of the applicant. a. 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. b. The ratio of 15-gallon trees to 24-inch boxed trees or larger shall be four to one (4:1). c. The plans shall include shrubs to provide screening of the parking areas as seen from adjacent public streets. d. Any landscaped areas within the adjacent Stowe Drive public right-of-way shall be permanently and fully maintained by the owner. The landscaping plan shall incorporate a minimum one 24-inch box tree for every 30 feet of frontage along the public right-of-way. e. All existing irrigation and landscaping within any designated Scripps Poway Parkway Landscape Maintenance District (LMD) shall be protected to the greatest extent possible. Any LMD to be disturbed shall be shown on the landscape plans. These disturbed areas shall be restored per the previously approved landscape plans or proposed revisions shall be part of the landscape plan review. f. 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. 13. Use of recycled water will be required for on-site landscape and irrigation. Each site July 20, 2021, Item #16Resolution No. 21 Page 7 shall have a designated user supervisor who has attended the San Diego County Water Authority's user supervisor class. The County of San Diego Department of Environmental Health (DEH) will assess fees for the following activities: a. b. C. Site Plan Check Shut Down Test** Title 22 Inspection $400 avg. costs* $320 avg. costs* $ 80 avg. costs* * Based on full cost recovery, actual fee amount may vary. ** Shut down test is required at initial installation and at least every four (4) years intervals on sites with both recycled and potable water. (Public Works) 14. A new recycled water service shall be installed and the existing shared recycled water service with the adjoining parcel that provides irrigation to the parcel shall be vacated. A new landscaping irrigation controller shall be installed on site. The DEH shall review plans for the new irrigation system in addition to the alteration to the existing shared irrigation system with the adjoining parcel. An inspection of all irrigation work will be required with the approved Landscape Plan. Both irrigation systems must be high lined to potable construction meter until complete and a cross-connection test is performed. 15. All existing irrigation and landscaping within any designated Landscape Maintenance District (LMD) and Land Development Association (LOA) areas shall be protected to the greatest extent possible. Any LMD and LOA areas to be disturbed shall be shown on the landscape plans. These disturbed areas shall be restored per the previously approved landscape plans or proposed revisions shall be part of the landscape plan review. H. Prior to building permit issuance, unless other timing is indicated, the following conditions shall be complied with: 45 of 99 (Engineering) 1. The site shall be developed in accordance with the approved grading plans on file in the Development Services Department and the conditions contained herein. Grading shall be in accordance with the Uniform Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City. 2. Erosion control shall be installed and maintained by the developer from October 1 to April 30. The developer shall maintain all erosion control devices throughout their intended life. 3. Applicant shall obtain a Grading Permit and complete rough grading of the site. The grading shall meet the approval of the Engineering Inspector and the project's geotechnical engineer. Following completion of rough grading, please submit the following: a. Two copies of certification of line and grade for the lot, prepared by the civil July 20, 2021, Item #16engineer of work. Resolution No. 21 Page 8 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. 4. Improvement plans prepared on a City of Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City project engineer, in accordance with the submittal and content requirements listed in the Poway Municipal Code shall be approved. Submittal shall be made to the Department of Development Services Engineering Division for review and approval. The improvement design shall be 100% complete at the time of submittal and ready for approval. The applicant shall pay the improvement plan check fees according to the latest adopted master fee schedule. The plan shall include, at a minimum, the following features: a. 8-inch public water main to loop to the existing water main in the parking lot. b. 6-inch fire service and RPDA. 5. A plat and legal description for a minimum 20-foot-wide water easement shall be submitted to accommodate the public water main and fire service on the project site. 6. The applicant shall enter into a Standard Agreement for the work to be done as part of the Public Improvement plan. The applicant will be responsible for posting securities for public improvements in accordance with the Poway Municipal Code Section 16.20. 7. The applicant shall pay all applicable development impact fees according to the latest adopted master fee schedule at time of permit issuance. (Planning) 46 of 99 8. Trash receptacles shall be enclosed by a six-foot-high masonry wall, with view-obstructing gates, and shall provide an area for recyclable materials and compost bins (SB1383). Enhanced exterior treatments to the trash enclosure shall be provided, and shall be architecturally compatible with the buildings. Locations and exterior treatments shall be subject to approval by the Planning Division. 9. All roof appurtenances, including air conditioners, shall be architecturally integrated, screened from view, and sound-buffered from adjacent properties and streets as required by the Planning Division. 10. The applicant shall comply with the latest adopted construction related codes, and all other applicable codes and ordinances in effect at the time of Building Permit issuance. 11. The colors and materials on the building shall be consistent with the approved colors on file in the Planning Division. 12. All two-way traffic aisles shall be a minimum of 25-feet wide. 13. All parking spaces shall be double striped. The site plan shall show 214 parking spaces. The minimum dimensions for standard-sized parking stalls shall be eight-foot July 20, 2021, Item #16Resolution No. 21 Page 9 six-inches x 18-foot six-inches per the SPSP. The parking lot design shall comply with the Americans with Disabilities Act for accessible spaces, with one van-accessible space. Parking lot lights, wall mounted lights and landscape accent lights shall be required and shielded per the SPSP and PMC standards. Wall-mounted security lights shall only be used on the rear or interior sides of buildings. 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. All parking stalls shall observe a minimum 25-foot setback from the right-of-way. 15. Signs shall be proposed and approved under separate permits. 16. The landscape and irrigation plans on-site and within the right-of-way fronting the property shall be approved in conformance with the City's Landscape and Irrigation Design Manual. 17. School impact fees shall be paid at the rate established at the time of Building Permit Issuance. Please contact the Poway Unified School District for the latest fee information. (Building) 18. The plans shall comply with the current addition of the California Building Code, Electrical Code, Mechanical Code, Plumbing Code and Title 24 at date of submittal to the Building Division for review. I. Compliance with the following conditions is required prior to occupancy and release of securities: (Engineering) 1. The stormwater facilities shall be complete and operational prior to occupancy. 2. All applicable easement dedications and maintenance agreements are to be recorded prior to occupancy. 3. All 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. All utility services shall be installed and completed by the property owner, and inspected and approved by the Engineering Inspector. All new utility services shall be placed underground. 5. 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. 6. An adequate drainage system around the new building pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering 47 of 99 July 20, 2021, Item #16Inspector. Resolution No. 21 Page 10 7. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to public improvements caused by construction activity from this project. 8. The applicant must complete upgrades of all driveways as shown on the site plan to be ADA complaint. Applicant must be approved for Right-of-Way permit prior to start of construction. 9. After completion of all work, record drawings for both the grading and improvement plans, signed by the engineer of work, shall be submitted to Development Services for review prior to a request of occupancy, per Section 16.52.1308 of the Grading Ordinance. Approval of all record drawings is required prior to issuance of occupancy and release of grading and improvement securities. Initial submittal of record drawings at least three weeks prior to a request for occupancy is recommended. (Planning) 7. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Building Permit issuance. 8. Landscaping and irrigation on-site and within the right-of-way fronting the property shall be installed per the approved landscape plans. 9. Prior to any use of the Project site, or business activity being commenced thereof, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Development Services. (Public Works) 10. The existing shared recycled irrigation connection shall be abandoned. Applicant will incur all costs associated with cross-connection testing. New irrigation system shall be highlined with potable water until cross-connection tests are complete and the site is approved to operate recycled water for irrigation. J. Upon occupancy the following conditions of CUP 20-004 shall apply: 1. All landscaped areas on-site and shall be maintained in a healthy and thriving condition, free from weeds, trash and debris. The trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain the health of the trees and to protect the public safety. Unnatural or excessive pruning, including topping, is not permitted. 2. Any fences, walls or signs proposed for this development shall be designed and approved in conformance with the SPSP and to the satisfaction of the Director of Development Services. 3. Uses established on the subject property shall comply with all zoning/SPSP standards applicable to the property for the life of the Project. 48 of 99 July 20, 2021, Item #16Resolution No. 21 Page 11 4. The parking areas and driveways shall be well maintained and kept free from trash and debris. Any damage from any cause shall be repaired as soon as reasonably possible to minimize occurrences of dangerous conditions or visual blight. 5. Trash receptacles shall be enclosed by a six-foot-high masonry wall with view-obstructing gates. Locations shall be subject to approval by the Planning Division. 6. All parking lot landscaping shall include a minimum of one 15-gallon-size tree for every three spaces. For parking lot islands, a minimum 12-inch-wide walk adjacent to parking stalls shall be provided and separated from vehicular areas by a six-inch-high, six-inch-wide Portland concrete cement curb. 7. All parking spaces shall be double striped. The minimum dimensions for standard parking stalls shall be 8.5' x 18.5'. The parking lot design shall comply with the Americans with Disabilities Act for accessible spaces with one van accessible space. A minimum of 61 parking spaces shall be provided by either on-site parking spaces and off-site parking spaces provided by the Reciprocal Access and Parking Agreement with the adjoining parcel located at 14608 Stowe Drive. 8. All two-way traffic aisles shall be a minimum of 25-feet wide. A minimum 25-foot-wide emergency vehicle access shall be provided in accordance with Safety Services Department requirements. 9. Parking lot lighting and security lighting shall comply with Chapter 17.10.150(H) of the PMC. 10. All roof appurtenances, including air conditioners, shall be architecturally integrated, screened from view, and sound buffered from adjacent properties and streets as required by the Planning Division. No roof appurtenances shall exceed the 60 height limit. 11. The owner or operator of the facility shall routinely and regularly inspect the site to ensure compliance with the standards set forth in this permit. 12. The use of the facility shall be limited to activities described in the application. The fifth-floor lounge and outdoor deck is limited to hotel guests and shall not be operated as a restaurant or drinking establishment that is open to the public. 13. The activities of the facility shall not occur in such a manner as to create adverse impacts on the circulation and parking on surrounding streets. 14. The facility shall be operated in such a manner as to minimize any possible disruption caused by noise and shall comply with noise standards contained in Chapter 8.08 of the PMC. At no time, shall noise from any source exceed the noise standards defined in the PMC. 15. No outdoor storage, display or activities shall occur onsite except through approval of the appropriate permits. 49 of 99 July 20, 2021, Item #16Resolution No. 21 Page 12 K. The following conditions shall be complied with to the satisfaction of the Director of Safety Services: 1. The required fire flow shall be according to Appendix B of the 2019 California Fire Code, and, approved by the City. The water supply may require approved improvement to include the addition of water mains and fire hydrants as determined and approved by the Fire Department. A new fire hydrant may be required based on location of fire service underground and FDC. 2. Prior to the delivery of combustible building material on site, the approved vehicle access, including driveways, for firefighting shall be installed, satisfactorily pass all required tests and approved by the City. All accesses shall be provided within 150-feet of all construction areas. Use of temporary vehicle access for firefighting shall require plan submittal, review and approval by the City. 3. 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, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus having a minimum of 13'6" of vertical clearance. 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. The Fire Chief, pursuant to the City of Poway Municipal Code, shall approve the road surface type. 4. Permanent access roadways for fire apparatus shall be designated as "Fire Lanes" with appropriate signs and curb markings. 5. The angle of departure and the angle of approach of a fire access roadway shall not exceed seven degrees (12-percent) or as approved by the fire code official. 6. 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. 7. The 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 Director of Safety Services, and meeting Sheriff Department-ASTREA criteria. 8. The building is required to be equipped with an approved fire sprinkler system according to Poway Municipal Code requirements. The fire sprinkler system shall be designed to meet California Fire Code and NFPA standards. All systems are required to be monitored by a central monitoring company. Backflow valve assemblies with tamper switches shall be monitored. The City Fire Marshal shall approve location of these fire protection devices prior to installation. Two separate plan submittals to the fire department will be required, one for the fire service underground and a second for fire sprinkler design. 9. 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." SO of 99 July 20, 2021, Item #16Resolution No. 21 Page 13 10 A metal sign with raised letters at least 1 inch (25mm) 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. 11. The building is required to be equipped with an approved Class 1 automatic wet standpipe fire protection system according to Poway Municipal Code requirements. The standpipe system shall be installed according to NFPA 14. A plan submittal to the fire department is required. 12. A properly licensed contractor shall install an automatic fire alarm system to approved standards according to the Poway Municipal Code. The system shall be installed according to NFPA 72. The fire alarm system shall include: emergency voice/alarm communications, smoke detection, occupant notification, 1 manual fire alarm box (pull station), duct detection, annunciation, 7 sleeping rooms with visible notification. The system shall be completely monitored by a UL listed central station alarm company or proprietary remote station. A plan submittal to the fire department is required. 13. A 'Knox' Security Key Box shall be required for the building at locations determined by the City Fire Marshal. 14. 2A 10BC fire extinguisher(s) are required for office areas every 3,000 square feet and 75 feet of travel distance. 15. At least one elevator installed in the building shall be sized to accommodate a normal hospital gurney. Minimum dimensions for the inside car platform shall meet the "Medical" size standards per the California Building Code. 16. Installation of a fire suppression system in a commercial kitchen hood & duct shall be approved by the Fire Department via a separate plan submittal. 17 Smoke alarms shall be installed to meet the current California Fire Code and California Building Code. 18. Carbon monoxide detectors shall be installed to meet the current California Fire Code and California Building Code. SECTION 7: The approval of CUP 20-004 and DR 20-005 shall expire July 20, 2023, at 5:00 p.m., unless prior to that time 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. SECTION 8: 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. 51 of 99 July 20, 2021, Item #16Resolution No. 21 Page 14 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 20th day of July, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Deborah Harrington, Interim City Clerk 52 of 99 July 20, 2021, Item #16TaisaelFPI I I f ! Subject Property: 14082 Stowe Drive i ;------------J I i r----------·--------··--·-·-·-·----------··-----LKirkham-Way---· 53 of 99 City of Poway Zoning / Location Map Items: SPA20-002/CUP20-004/DR20-005 ~ 0 125 250 NORTH ATTACHMENT D July 20, 2021, Item #16I __ L__ [JJ - July 20, 2021, Item #16u, u, 0 -h \.0 \.0 ~ ~ )> n :::c s: m z ~ .,, East Elevation ;1 ! Ii/ ·1~.1!i !I I .1lii :1!'11 :111 \'11' North Elevation Illustrative Building Elevations Poway Boutique Hotel • Poway, Callfornla 'I 7~~ • 1----~- I I l 11 TO~~~~ T.O.P:~~-$· 5TH:;1~ $ 4TH:~~-~- 31j[):t~$ 2ND:i~~-,S EXISTl~~?t~ ·$- 1ST :s\~ $ ro~9~°i~ $ LQP~~:~ $ 5TH:i,~ $ 4TH:9~~·$ 3RD:8L~-$- 2tm:is~•~ .. -.£.~l~TI~~\:~ -~ 1STFLOOR .Ii·•. +873.oo-·· .. I'· ,.J Legend: 1 STUCCO, SAND FINISH 2 THERMALLY MODIFIED LUMBER, ASH 3 PRE-Fl NISHED VERTICAL METAL SIDING 4 PRE-Fl NISHED HORIZONTAL METAL SIDING 5 METAL WINDOW COWL 6 FIBER CEMENT PANEL 7 STOREFRONT, CLEAR ANODIZED I VINYL FRAME WINDOW 9 PERFORATED METAL GUARDRAIL 10WOODPOST 11 BREAK METAL 12 GLASS GUARDRAIL STUDIO E ARCHITECTS ~ OECEMIER2020 N O R T H July 20, 2021, Item #16U1 en 0 ..... U) U) West Elevation South Elevation Illustrative Building Elevations Poway Boutique Hotel • Poway, California ro.;3~~s T.O. P\~~i1 ('j, 5THFLOOR .•. , +918.50 '.,.- 4TH:~~-~ 3RCFLOOR.•·• +Boo.so·_.,. 2NO:k~¼ EXISTl::3/4~ ~ 1sr:i~·~ T.O~Rl~%~ T.O.P:~:~~ 5TH FLOOR~' +918.50 '--• HHFLOOR . .A· +907.50 ... , 3RD:i~s~-,S 2~0.FLOOR..A , . f.885.50 ,,y EXISTl~~i4~~ ~ 1sr:~-.,~~--~ ,.J Legend: STUCCO, SAND FINISH THERMALLY MODIFIED LUMBER, ASH 3 PRE-FINISHED VERTICAL METAL SIDING 4 PRE-FINISHED HORIZONTAL METAL SIDING 5 METAL WINDOW COWL 6 FIBER CEMENT PANEL 7 STOREFRONT, CLEAR ANODIZED I VINYL FRAME WINDOW 9 PERFORATED METAL GUARDRAIL 10 WOOD POST 11 BREAK METAL 12 GLASS GUARDRAIL STUDIO E ARCHITECTS ~ DECEMIER2020 N O R T H July 20, 2021, Item #16u, "' 0 -ti \0 \0 ~ --4 )> ~oway Boutique Hotel iERENDIPITY HOSPITALITY --4 ~ EXHIBIT 1: Visual Analysis Exhibits UPDATED Poway Boutique Hotel • Poway, California STUDIO [ ARCHITECTS 16 APRIL 2021 July 20, 2021, Item #16 July 20, 2021, Item #16~ I I 0 ; J ---'° '° Poway Road Garden Road July 20, 2021, Item #16°' 0 0 -ti \0 \0 North 1000 Viewpoint Profile North Viewpoint 0 ~ 800 _line_of sight ________ _ z af 600 § 400 > ~ 200 1000 2000 3000 4000 5000 Profile Distance (feet) Section A : Viewpoint From Poway Road Proposed Hotel Profile Line: Combination of land terrain and existing buildings 6000 7000 8000 9000 @] July 20, 2021, Item #16m ..Ji. 0 .... \0 \0 Section A : Viewpoint From Poway Road -Existing View (Hotel Not Visible From This Location) 0 July 20, 2021, Item #16°' N 0 -ti \0 \0 0 Northeast Viewpoint 1000 > 800 <{ z f 600 ~---------------------------------- 6 400 1 200 w 1000 2000 3000 Profile Northeast Viewpoint \ine of sigl'lt ------------------------------------------------ - 4000 Profile Distance (feet) Proposed Hotel Profile Line: Combination of land terrain and existing buildings 5000 6000 Section B : Viewpoint From Garden Road Neighborhood -" ..__ 7000 8000 9000 @] July 20, 2021, Item #16°' w 0 ..., \.0 \.0 Section B : Viewpoint From Garden Road Neighborhood -Existing View (Hotel Not Visible From This Location} @] July 20, 2021, Item #160\ .,::a. 0 --ti \0 \0 1000 0 ~ 800 z ]~ 600 g 400 ;;; 200 w Section c Viewpoint 1000 2000 3000 4000 Profile Northwest Viewpoint line of sight 5000 6000 7000 Profile Distance (feet) Section C : Viewpoint From Poway Road at Carriage Heights Way ---------------Building Profile Line: Combination of land terrain and existing buildings 3000 9000 10000 11000 0 July 20, 2021, Item #16O'\ U1 .,. \0 Section C : Viewpoint From Poway Road at Carriage Heights Way -Existing View (Hotel Not Visible From This Location) ~ July 20, 2021, Item #16°' °' 0 ...., \D \D 0 > <( z 1 C 0 ~ w Section D Viewpoint Profile Southwest Viewpoint 1000 line of sight 800 -------------------------------------------------------------------------------- 600 400 200 1000 2000 3000 4000 5000 Profile Distance (feet) Section D : Viewpoint From Merritage Court 6000 7000 Building Profile Line: Combination of land terrain and existing buildings 8000 9000 ~ July 20, 2021, Item #16°' -..J 0 -ti \D \D Section D Adjusted Viewpoint Profile Southwest Adjusted Viewpoint Building 1000 0 > 800 <( =-------------------------------------------------------------------------lineofsight _______________________________________ ~ ----------------------------------------------------------------------------------------------------... --_--___ _ z ~ 600 i5 400 ~ ifi 200 w 1000 2000 3000 4000 5000 Profile Dis ta nee (feet) Section D Adjusted: Viewpoint From Downing Lane 6000 Profile Line: Combination of land terrain and existing buildings 7000 8000 9000 ~ July 20, 2021, Item #16°' 00 0 ...., \0 \0 Section D Adjusted: Viewpoint From Downing Lane Existing View (Hotel Not Visible From This Location) @] July 20, 2021, Item #16m \0 0 -t\ \0 \0 Section E Viewpoint 1000 f soo ·················· .......... ~ .... of .•11!"'............ . ····························································•·•Hdlog z :[! 600 6 400 ;::; ~ 200 w 1000 2000 3000 Profile South Viewpoint 4000 5000 Profile Distance (feet) Section E: Viewpoint From Carowind Lane 6000 7000 8000 9000 ~ July 20, 2021, Item #16-..J 0 0 ..., \0 \0 Section E: Viewpoint From Carowind Lane -Existing View @] July 20, 2021, Item #16-.J -0 -ti \S) \S) Section E: Viewpoint From Carowind Lane -Proposed View ~ July 20, 2021, Item #16-.J N 0 -ti \D \D 0 > <{ z l C 0 ~ ;:;:; 1000 800 600 400 200 Proposed Hotel 1000 2000 3000 Profile Line: Combination of land terrain and existing buildings 4000 Profile Distance (feet) Southeast 5000 6000 Section F : Viewpoint From Sycamore Estates -Big Canyon Lane 7000 8000 9000 ~ July 20, 2021, Item #16-...i w 0 -ti \0 \0 Section F : Viewpoint From Sycamore Estates -Existing View From Big Canyon Lane ~ July 20, 2021, Item #16~ ~ 0 -ti \D \D Proposed Hotel (inside dashed line box) ' ~-. (~·~:· .. ~· ~.~~~~-> "f'~~.;,~:tl>f __, -~...._'!•...:..._,_•e'6-;~~~:~~· !,.• ~ .. ~, •,t~-~;;.; :.;. · ~ ~1-~ .. -- Section F : Viewpoint From Sycamore Estates -Proposed View From Big Canyon Lane ~ July 20, 2021, Item #16m Viewpoint Profile Line July 20, 2021, Item #16"'-J °' 0 ...., ID ID --1000 0 ~ 800 z 1 600 ~ 400 0 1 200 Section Shot l Viewpoint Northeast Viewpoint Along Ridge Building l(,:i~ _of -~i-~~~ ______________ ;;.·:.;,_;_:.;.;.;.,....._.....,_..::,a..__ _____ _.._.__,_._ 1000 2000 3000 Profile Line: Combination of land terrain and existing buildings 4000 Profile Distance (feet) Section G : Viewpoint From Sky Mountain Trail 5000 6000 ~ July 20, 2021, Item #16-..J -..J 0 -tt \0 \0 60' Story Pole With Flag Section G : Viewpoint From Sky Mountain Trail ~ July 20, 2021, Item #1678 of 99 [fil n:s I,., I-C: ·-n:s ..., C: ::::, 0 ~ ~ en E 0 I,., LL ..., C: ·-0 C. 3: Q) > LL C: .2 ..., (.) Q) en July 20, 2021, Item #16-...J U) 0 ...., U) U) 1000 0 ~ 800 z :t: 600 400 9 i 200 0 Section Shot 2 Viewpoint •............................... lln~~(~.ig_~~ 1000 Building 2000 Northwest Viewpoint From Adjacent Recreational Resources 3000 Profile Line: Combination of land terrain and existing buildings .iOOO Profile Distance (feet) Section H : Viewpoint From South Poway Trail 5000 6000 @] July 20, 2021, Item #1680 of 99 co .... I->. co ~ 0 D.. .c: ..., :l 0 V, E 0 .... u. ..., C: ·-0 C. ~ Q) > :c C: .2 ..., 0 Q) V, July 20, 2021, Item #1600 ...l 0 -ti \0 \0 Section H : Viewpoint From South Poway Trail §] July 20, 2021, Item #16March 15, 2021 14082 Stowe Drive Poway, CA 92064 GRANT LINE LAND SURVEYING RE: Story Pole -Poway Boutique Hotel The constructed story pole location and height were surveyed under my direction on March 13, 2021 and is in conformance for location, height and elevation as depicted on the" Story Pole Plan" (Attached) Kevin Nickolas PLS 82 of 99 2278 Carol Ann Drive Tracy, CA 95377 (925) 457-1734 ATTACHMENT H July 20, 2021, Item #1600 w 0 GRADl'IG OOANTTTES """'GIIAOCDAfl£A .................. lt900SF OJT()JMTITES I.S.SCl-0 \0 Fi.i. CIJANT1iCS \t) fll!'OIIT ~CU1001Hl.lfT(IMJE.Rf001fll!ll'Nf0Ffft<P()!LD6'A.fMKij M.tXCVTS:.Cff.RA1X>(1:FIIAX)·ff/A MA.x.ll.Lton11n MAXfU.51oP£RAOO(l:1 l!UX).~/A ;;,s PRO£cr~s ro aPOflT ,as aac r.ws r:r MATr.RIA- FRCM 111IS !1Tr.. N.L E#'ORI .vAJDa..f.l. 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DllJCAT!D fell,~ l\a.lC ll'l';iV' tlMI 001111£50l~ fl(ISOHG SUR-.£:Y 11/QN!,'1,/[N T (,) '""" ~-;;;;;~;,;-;; 1'£MMI) -/'ROR·cr IN i'lACC © f"C(Hl lO,D MD l)SC SiNIP!D "tS !,,1J7" (TO lfCMiJH) -FWOl:CTWPUa ll/C..lJ.al.1if A a4.WI Sl'S,O,S AIW.r.iS M-41" fE JiC'OAIID TO CS1.Ml.1.91~VAI.Mil.£T'll:Cl10.. ~~f]R£ R.(Yt/9'£4l.LBC~WM"lfl0.t'!<T'1-f: :JOtfCU.l'QINAf't¥:~,WJ.~SYK Q1Y. 11£ WJH!N SIH"LY MAY RfJ,l.C AfffQ)tD ~TS TO #ICIJJOC K Al01ION 'X M7rR I/AMS AND F1lfC H'!OlfA>lfS AS DE1£AWrCD MJ APflltOWJ)BYKFJRCMM~t. A li£WF11fl H'tO/WirMAYBCM"Q'.HOM5CDCMLoc;ArJON(I: F,«.s:on«."r.~ANDff:rot:.. Proposed Conditions Poway Boutique Hotel• Poway, California Kl:YNOTel SURfA'"l f"PRQ'rfHfflT OJ {~'f»ICCIAJ.W?WrTCHrollC~ PflOl!CrJHPI.A!C (D 01$IM;QHJ 10 RUtAli, flHOftCT If ~,ta rn fu~~~"rr i·~rw tx»IC) Ii! 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(6/i) 1"-JU4 ,,.,,_. __ SCAl.£: ,~-20· N◊,.; OJ 0[C£M8'.R 2020 STORY POLE PLAN July 20, 2021, Item #16Scott Nespor From: Sent: To: Subject: Gaines Perryman <gperryman68@gmail.com> Thursday, March 25, 2021 3:30 PM Scott Nespor Re: Proposed Hotel Thank you for your response. Upon closer inspection of the flagpole, we determined that it is not the flagpole in question. You may delete our erroneous observation from the project file. For future reference, please DO NOT even think of approving any project that would destroy our beautiful ridgeline along the parkway. We appreciate that the City has publicized the project in the News Chieftan, assuming, in an effort to avoid the "warehouse fiasco" that was thrust upon the residents of the Garden Road area. On Wed, Mar 24, 2021 at 4:11 PM Scott Nespor <SNespor@poway.org> wrote: Thank you for your email. I will keep a copy of the email for the project file. The applicant provided a visual analysis , that concluded the project would not be seen from the Garden Road area. Can I make an appointment with you to verify that the flag can be seen from your property? Again, thank you for your email. Scott Nespor Associate Planner Tel: 858-668-4656 www.Poway.org In response to the COVID-19 pandemic, City offices are currently closed to the public. However, the City will continue to provide all services. Please visit our website at poway.org for updated information. 84 of 99 ATTAClrlMENT I July 20, 2021, Item #16Scott Nespor From: Sent: To: Subject: Gaines Perryman <gperryman68@gmail.com> Wednesday, March 24, 2021 3:57 PM Scott Nespor Proposed Hotel In regards to the proposed hotel by Serendipity Hospitality, we as residents of the Garden Road area strongly oppose this development. We CAN see the story pole, flag and much of the pole itself, from our residence. NO to this project. 85 of 99 1 July 20, 2021, Item #16Scott Nespor From: Sent: To: Subject: Hi Scott, donnajtylor donnajtylor <donnajtylor@cox.net> Monday, April 19, 2021 3:23 PM Scott Nespor SPA 20-002, CUP 20-004 and DR 20-005 We talked on the phone regarding the proposed hotel in the Poway Business Park prior to the the virtual neighborhood meeting. You asked me to email you and repeat my comments. Sorry for the delay, but I just now have the time. I did attend the virtual meeting, but unfortunately missed the first 20 minutes as my cox internet went down. I am a resident of Poway and have lived in the Rolling Hills Estates subdivision since 1999. I am opposed to the proposed hotel as it violates the original vision for the business park. The vision for the business park was a group of low building of neutral color, with deep set backs and substantial screening with trees. The goal was for a business park suitable for our city in the country, nestled in the flattened hill tops. I see no valid justification for amending this vision. The hotel's height would make it visible from homes and neighboring recreation trails. The hotel would also increase demands on our scare water supply water and require additional police and fire department resources. An exception should not be made for this developer. Thank you, Donna Tylor 86 of 99 1 July 20, 2021, Item #16Scott Nespor From: Sent: Bernie Guzman <bernie.s.guzman@gmail.com> Tuesday, March 23, 2021 2:12 PM To: Scott Nespor Subject: Re: About proposed 5 story hotel Financial impact to Poway is, for me, a key part of the marketing push for this hotel. I know that the city has begun to experience financial challenges, and thus additional sources of money are welcome. However, we need to know the bottom line details. On Tue, Mar 23, 2021 at 2:03 PM Scott Nespor <SNespor@poway.org> wrote: Hello-Thank you for providing input into the Serendipity Hospitality proposal. The purpose for the neighborhood meeting on March 24, 2021, is to allow the City and project applicant to hear public comments about their proposal. This item has not yet been scheduled for Public Hearing by the Poway City Council. I will keep a record of your comments in the project file and let the project applicant know that we received it. To answer your question, the City has not yet performed a revenue analysis of the proposed hotel. I do not know what the expected TOT revenue would be. If I get this information I will share it with you. Please let me know if you have any other questions. Thank-you From: Bernie Guzman <bernie.s.guzman@gmail.com> Sent: Saturday, March 20, 2021 5:16 AM To: Scott Nespor <SNespor@poway.org> Subject: About proposed 5 story hotel Scott -As per the news article in the Chieftan, the hotel will generate income for Poway, in the form of the transient occupancy tax. How much will we expect to receive from this tax? 87 of 99 1 July 20, 2021, Item #16Scott Nespor From: Sent: To: Subject: sdjanet <sdjanet@cox.net> Tuesday, March 23, 2021 1 :00 PM Scott Nespor proposed hotel height People move to Poway because, among other reasons, the idea of the country in the city. Keep the height limit the way it is - I have seen limits broken before and it only leads to other broken limits. If five stories are allowed now, what is to stop greater height allowances in the future. Vote No on the five story extension. Janet Tripp Sent from Mail for Windows 10 88 of 99 1 July 20, 2021, Item #16Scott Nespor From: Sent: To: Subject: To The City of Poway Terri Lee <t11_92064@yahoo.com> Monday, March 22, 2021 6:41 PM Scott Nespor New Boutique Hotel in Poway I have lived in Poway since July 1988 in the same house. I love Poway. I enjoy our trails, the lake, and parks. I walk the city and the business park. I appreciate that we can use an app to report problems. I will make this short and to the point. I feel the new hotel should stay within the height limits we set in the South Poway Specific Plan. We were told when the business park was planned that we would not notice/see most of the buildings. Wrong. Please! I didn't come to Poway to live in a large city! I came to the city in the country!! Please save my view of the hills and keep Poway a nice place to live. Thank you Terri Lee 12718 Soule Street Poway CA 92064 89 of 99 1 July 20, 2021, Item #16Scott Nespor From: Sent: Bill McLeod <wmcleod@sandiego.edu > Monday, March 22, 2021 1 :36 PM To: Scott Nespor Subject: 5 story Hotel Hello Scott, Absolutely not! This is, after all, the City in the Country. And as a side note, stop building apartments and condos, especially with underground parking next to a creek. Please drive around our town and notice the vacancy rate. We have a good tax base, and good infrastructure to handle the built environment , now with this more, more, more we are going to have to invest more, more, more, dollars into infrastructure and bureaucracy. Not to mention Poway road gridlock. You are making Poway another Mira Mesa. My two cents. Sincerely, Bill McLeod Bill McLeod HVAC Automation Controls Specialist CMVP, LEED Green Associate 619-260-5926 0:::c:··•·· .. · .. •···-·•···•·•···-·· .. ·•·O,••· 90 of 99 1 July 20, 2021, Item #16Scott Nespor From: Sent: To: Cc: Subject: Dear Mr. Nespor, Michael Dowd < mcdowd@cox.net> Sunday, March 21, 2021 6:57 PM Scott Nespor Steve Vaus; Caylin Frank; Dave Grosch; Barry Leonard; John Mullin No On New Hotel I am writing to voice my STRONG opposition to the proposed 5 story hotel proposed for the South Poway Business Park (SPBP). The SPBP's development plan exists for many reasons; one of them is to protect the residents of South Poway from seeing things in the business park. Anil Patel's business knew this when they purchased the property and are trying to change the rules to suit their needs. The "story pole" they installed is a ruse. Anyone blessed with a modicum of common sense will realize there is a world of difference between seeing pole from a mile or more away and seeing a 5 story building. To members of the City Council, cc'd on this message, I point out none of you live at this end of Poway meaning you don't have to deal what has been allowed to happen in the business park (the ugly warehouse), along the eastern end of Poway Rd. (we are well on our way to becoming Mira Mesa), and in our shopping centers (thanks for allowing Creekside Plaza's parking to get honked up in the name of a few burgers). Stop and think about us for a second. Would any of you even think of allowing a 5 story hotel in the Target shopping center? South Poway has been asked to endure many things. Please do not ask any more from us. Regards, Michael Dowd 15467 Hidden Valley Dr. 858-231-9214 91 of 99 1 July 20, 2021, Item #16Scott Nespor From: Sent: To: Subject: daringarcia <daringarcia@yahoo.com> Sunday, March 21, 2021 6:01 PM Scott Nespor Please don't allow this hotel in Poway to be built. The Amazon building already looks like a penitentiary from my backyard. I wish that would have never been built the whole reason I moved to Poway is to get away from this crap. We are no longer the city in the country we are the city in the city. Also, Poway and Community roads are going to be so congested once the Poway Commons and all the other building is completed. A total cluster. Please dont allow this hotel to be built. Sent via the Samsung Galaxy SlO, an AT&T SG Evolution smartphone 92 of 99 1 July 20, 2021, Item #16Scott Nespor From: Sent: To: Subject: Hi Scott Peter Langenfeld <peter.langenfeld@gmail.com> Friday, March 19, 2021 12:08 PM Scott Nespor Hotel I've done visual for over 30 years. Big stuff, solar, wind, POLA, Port of San Diego. What ever happened to Poway's the save our ridglines mantra? You can see Amazon from everywhere. Where is the EIR that shows the viewshed delineation they clam to have done for the hotel. This is a travesty. Thanks Peter 93 of 99 1 July 20, 2021, Item #16Scott Nespor From: Sent: To: Subject: Hi Scott, donnajtylor donnajtylor <donnajtylor@cox.net> Monday, April 19, 2021 3:23 PM Scott Nespor SPA 20-002, CUP 20-004 and DR 20-005 We talked on the phone regarding the proposed hotel in the Poway Business Park prior to the the virtual neighborhood meeting. You asked me to email you and repeat my comments. Sorry for the delay, but I just now have the time. I did attend the virtual meeting, but unfortunately missed the first 20 minutes as my cox internet went down. I am a resident of Poway and have lived in the Rolling Hills Estates subdivision since 1999. I am opposed to the proposed hotel as it violates the original vision for the business park. The vision for the business park was a group of low building of neutral color, with deep set backs and substantial screening with trees. The goal was for a business park suitable for our city in the country, nestled in the flattened hill tops. I see no valid justification for amending this vision. The hotel's height would make it visible from homes and neighboring recreation trails.The hotel would also increase demands on our scare water supply water and require additional police and fire department resources. An exception should not be made for this developer. Thank you, Donna Tylor 94 of 99 1 July 20, 2021, Item #16RYAN Chris Wood President of West Region chris.wood n rynncompanies.com p: 858-812-7960 c: 858-245-8300 September 10, 2019 Mr. Craig Ruiz -(CRuiz@powav.org) Economic Development Administrator City of Poway 13325 Civic Center Drive Poway, CA 92064 Re: Serendipity Hospitality Boutique Hotel -14068 Stowe Drive, Poway, CA 92064 Dear Craig: As President, West Region of Ryan Companies US, Inc., and the developer and ownership representative of the Vantage Point industrial project at Scripps Poway, General Atomics Way and Kirkham Road, I am pleased to share my support for a proposed hotel project, designed specifically for Poway by developer and hotelier Anil Patel. Below are the details of the project, which he conveyed to me during our meeting. First and foremost, Poway needs an exceptional, higher-end hotel to meet the needs of our business park tenants. Many of their visitors are choosing to stay in hotels outside of Poway. The plans Anil has shared with me for a property at Scripps Poway Parkway and Stowe Drive are exciting and fit the bill for what our community needs. They present a unique aesthetic that I think will complement the business park and be oriented to the many corporate users we service. I am in support of the architectural design and size property Anil has proposed. The contemporary design is fitting for the location, and his request for a ten-foot height variance seems reasonable given the ability to offer 61 hotel rooms and a luxurious rooftop amenity providing a chance for visitors to take in the beauty of Poway's open space views, mountains via a terrific rooftop amenity deck for guests. Finally, I believe the community will benefit greatly from the new TOT tax revenue stream it will create, as well as local spending in Poway by its patrons. I gladly support the future development of this project. Sincerely, RYAN COMPANIES US, INC. {hJ~ Chris Wood President, West Region 95 of 99_ July 20, 2021, Item #16September 30, 2019 Mr. Craig Ruiz Economic Development Coordinator City of Poway 13325 Civic Center Drive ··Poway, CA9-2064 Dear Craig: 1 •vv~••--OCT O 3 2019 On behalf of the Poway Chamber of Commerce Board of Directors, I would like to express our enthusiastic support for the hotel development in the Poway Business Park proposed by Anil Patel of Serendipity Hospitality. Anil presented his plans to the Board at our September meeting and answered many questions from our Board members regarding plan specifics, potential conflicts or issues, and market opportunities. We are more than satisfied that Anil has done his research on the demand for a hotel at this location and has put a great deal of consideration into the design. We are confident that with Anil's extensive hospitality experience, Serendipity Hospitality will build a high-quality property designed to fit well with the landscape and character of the City of Poway and will meet a critical demand for hotel accommodations in the community. Sincerely, LL/~~---Anita Edmondson " Chair, Board of Directors 96 of 99 i, Poway CA 92064 858.748.1710 I WWW On,M::IV:COM_ July 20, 2021, Item #16+ GENERAL ATOMICS Craig Ruiz -(CRuiz@powav.org} Economic Development Administrator City of Poway 13325 Civic Center Drive Poway, CA 92064 September 27, 2019 Re: Serendipity Hospitality Boutique Hotel -14068 Stowe Drive, Poway, CA 92064 Dear Craig: I met with Anil Patel and as Sr. Manager, Real Estate, Facilities Operations & Services at General Atomics; I am pleased to share my support for a hotel project proposed for Poway by developer and hotelier Anil Patel. Below are the details of the project, which he conveyed to me during our meeting: As you know, Poway is in need of an exceptional hotel to meet the needs of our business park tenants, currently leaving the community to stay elsewhere. The plans for a property at Scripps Poway Parkway and Stowe Drive are exciting and fit the bill for what our community needs. I support the architectural design and size of property Anil has proposed. The contemporary design is fitting for the location, and his request for a ten-foot height variance seems reasonable given the ability to offer 61 hotel rooms and a rooftop amenity for guests. Because it meets the needs of corporations in the Poway Business Park and creates new tax revenue and local spending in Poway, I am pleased to support this project. Sincerely, ~~c~ David Sikute Sr. Manager, Real Estate Facilities Operations & Services General Atomics 14040 Danielson St, Poway, CA 92064 cc: Anil Patel, Serendipity Hospitality (avpate/Ol@yahoo.com} 3550 GENERAL ATOMICS COURT. SAN DIEGO, CA 92121·1122 97 of 99 PO BOX 85608. SAN DIEGO, CA 92186-5608 (858) 455-3000 July 20, 2021, Item #16Techbilt Companies 3575 Kenyon St. San Diego, CA 921 IO Telephone (619) 223-1663 Mr. Craig Ruiz-(cruiz@poway.or~) Economic Development Coordinator City of Poway · 13325 Civic Center Dr. -------·-Poway; EA-92064 RE: Serendipity Hospitality Hotel-14068 Stowe Dr., Poway, Ca Dear Craig: Mailing Address P.O. Box 80036 San Diego, CA 92138 FAX (619) 223-2865 September 24, 2019 As President of the Techbilt Companies and one of the original developers of the South Poway Business Park, and as one of the major owners of industrial space in the business park, I wanted to support Anil Patel's proposed hotel development. Ani1 has shared his plans for his hotel development and I think that it will be a needed and welcome use that will bring needed additional hotel space to Poway and which will contribute significantly to the revenue that the City of Poway derives from the business park. My support extends to the architectur:al design of the proposed development including the request for a height variance to allow a 55 foot high building. The building's aesthetics will complement the surrounding properties and I can see no adverse effects from the height variance. Please contact me if you have any questions. Sincerely, Techbilt Companies Ted Tchang, President TT:tt 98 of 99 July 20, 2021, Item #16\\\ Hilton !Jlilto~J P•trick Speer Vice President Development, Southwest Region 5694 Missioo Center Rd. Suite 602 #895 San Diego, CA 92108-4312 September 5, 2019 Serendipity Hospitality Attn: Anil Patel 3830 Valley Center Dr. #705 PMB 814 San Diego, CA 92130 RE: Hilton Portfolio of brand in Poway, CA Dear Mr. Patel: Tel: 310.744-9725 Cel: 310.721-5871 patrick.speer@hilton.com Thank you so much for exploring with me the potential of developing a Hilton portfolio brand hotel in Poway, CA. This letter is intended to serve as confirmation of Hilton's preliminary interest. Our knowledge of this market leads us to believe that there is room in the market to explore adding a Hilton Portfolio brand in Poway, CA. We understand our discussions with you are preliminary in nature, but based on the information you have shared we have a strong interest in continuing to explore this opportunity. To gain a better understanding about all the brands of Hilton Worldwide, please visit www.HiltonWorldwide.com/portfolio/. This letter is not legally binding on either party, nor is it exclusive. If within 90 days we do not have an application, this letter will be considered expired if you do not specifically request another 30 day extension. Any expenditure or obligation undertaken by either party to the execution and delivery of a franchise agreement is at the party's sole risk and expense. Should you have any questions or concerns please feel free to contact me at Patrick.soeer@hilton.com or at (310)721-5871. I look forward to working with you. Sincerely, s I ,_.,,.: l ~ v.....,-. )lf-f( __ _ \,Y Patrick Speer .. CONR/10 -;ii; Hilton n mo ;41'f\":-'¥ 0 ................ mono ■Hillon 1.Jr•h·nlnu HOM~ 11111, ... (~r,a,w,J\'.-.1tlom 99 of 99