Loading...
09-07-21 Agenda Packetspeak and are joining the meeting online, please let the City Clerk know prior to the meeting or the announcement of the item by raising your hand digitally or by submitting a chat. If you are not using your computer's audio, please remember to enter your Participant ID on your computer screen when prompted on the phone. If you choose to call in without logging in on line and you wish to speak on an item, you may press *9 when the Mayor asks for speakers at the time that the item you wish to speak on is being considered. You may speak up to three (3) minutes. The Mayor may reduce this time if there are a large number of speakers. PLEASE NOTE: Comments submitted via email will be accepted until 3:00 p.m. of the meeting date and distributed to the City Council as well as be made available online after the meeting. Technical Support I For more information on how to connect, visit www.poway.org/meetinghelp. Agenda Materials I This agenda contains a brief summary of each item the Council will consider. The Agenda and Agenda Packet is posted seven (7) days prior to regular City Council meetings and are available for viewing on the City's website at www.poway.org. Sign up at https://poway.org/list.aspx to receive email notifications when City Council agendas are published on line. Items listed on the agenda with a"#" symbol are in preparation. American Disabilities Act Title II I In compliance with the Americans with Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Title II. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk's office 858-668-4530 at least 24 hours prior to the meeting. The City Council also sits as the City of Poway Planning Commission, Poway Housing Authority, Public Financing Authority and Successor Agency to the Poway Redevelopment Agency CALL TO ORDER: ROLL CALL: PLEDGE OF ALLEGIANCE: MOMENT OF SILENCE: PRESENTATION: PUBLIC COMMENT: In accordance with State law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to di scuss or take action on any issue not included on the agenda. You may speak up to three (3) minutes. Speakers have one opportunity to address the Council under Public Comment. CONSENT CALENDAR: The Consent Calendar may be enacted in one motion by the Council with a Roll Call Vote without discussion unless a Council member, a member of the public, or City Manager requests that an item be removed for discussion. 2 of 4 Regular City Council Meeting September 7, 2021 1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda 2. Approval of the August 3, 2021 and August 17, 2021 Regular City Council Meeting Minutes and August 26, Special City Council Meeting Minutes 3. Adoption of Resolution to Continue the Existence of a Local Emergency Within the City of Poway Due to the Novel Coronavirus (COVID-19) Global Pandemic ORDINANCES FOR INTRODUCTION: None ORDINANCES FOR ADOPTION: None PUBLIC HEARINGS: 4. Conditional Use Permit 20-008 and Minor Development Review Application 20-020; a request to combine an existing restaurant and retail space and convert it to a coffee shop with a drive- through located at 13432 Poway Road in the Poway Town and Country Center City Manager's Recommendation: It is recommended that the City Council take public input, close the public hearing, and adopt the Resolution. 5. Environmental Assessment, Specific Plan Amendment 19-002, and Conditional Use Permit 19-002 for a proposed wireless communication facility at 13875 Kirkham Way City Manager's Recommendation: 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 September 21, 2021. STAFF REPORTS: 6. Set Public Hearing for Proposed Four-Year Water, Recycled Water, and Wastewater Rates City Manager's Recommendation: It is recommended that the City Council direct staff to set the public hearing for November 2, 2021 and proceed with the Proposition 218 process which includes mailing the notice of public hearing to ratepayers pursuant to California law. 7. Tentative Agreement for a Successor Memorandum of Understanding between the City of Poway and the Poway Firefighters' Association City Manager's Recommendation: It is recommended that the City Council: 1) Adopt a Resolution authorizing the terms of the TA and authorizing the City Manager to execute, on behalf of the City of Poway, a Memorandum of Understanding between the City and PFA, incorporating the terms of the TA, which has been ratified by PFA, without further specific actions by the City Council; 2) Adopt a Resolution approving the Salary Schedule for the members of the Poway Firefighters' Association and 3) Adopt a Resolution appropriating funds in FY 2021-22 to implement the financial terms of the TA with the Poway Firefighters' Association. WORKSHOPS: None 3 of 4 Regular City Council Meeting September 7, 2021 AGENDA RE PO RT City of Poway DATE: TO: FROM: September 7, 2021 Honorable Mayor and Members of the City Council Carrie Gallagher, City Clerk � (858)668-4535 or cgallagher@poway.org CITY COUNCIL SUBJECT: Approval of the August 3, 2021 and August 17, 2021 Regular City Council Meeting Minutes and August 26, 2021 Special City Council Meeting Minutes Summary The City Council Meeting Minutes submitted hereto for approval are: •August 3, 2021 Regular City Council Meeting Minutes•August 17, 2021 Regular City Council Meeting Minutes •August 26, 2021 Special City Council Meeting Minutes The Poway City Council sits as the Poway Planning Commission, the Poway Housing Authority, the Public Financing Authority, and the Successor Agency to the Poway Redevelopment Agency. Recommended Action: It is recommended that the City Council approve the August 3, 2021 and August 17, 2021 Regular City Council Meeting Minutes and August 26, 2021 Special City Council Meeting Minutes Public Notification: None. Attachments: A.August 3, 2021 Regular City Council Meeting Minutes B.August 17, 2021 Regular City Council Meeting Minutes C.August 26, 2021 Special City Counil Meeting Minutes Reviewed/ Approved By: We�aserman Assistant City Manager Reviewed By: Alan Fenstermacher City Attorney Approved By: Chris Hazeltine City Manager 1 of 13 September 7, 2021, Item #2 J 2 of 13September 7, 2021, Item #2ATTACHMENT ANOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting. CITY OF POWAY CITY COUNCIL REGULAR MEETING MINUTES August 3, 2021 City Council Chambers 13325 Civic Center Drive, Poway, California (Per Government Code 54953) (Meeting Called to Order as City Council/City of Poway Planning Commission/Poway Housing Authority/Public Financing Authority and Successor Agency to the Poway Redevelopment Agency) CALL TO ORDER Mayor Vaus called the Regular Meeting to order at 7:00 p.m. ROLL CALL John Mullin, Caylin Frank, Dave Grosch, Barry Leonard, Steve Vaus STAFF MEMBERS PRESENT City Manager Chris Hazeltine; City Attorney Alan Fenstermacher; Interim City Clerk Deborah Harrington; Development Services Director Bob Manis; Finance Director Aaron Beanan; Human Resources and Risk Management Director Jodene Dunphy; Public Works Director Eric Heidemann; Fire Chief Jon Canavan; Captain Dave Schaller, Sheriff's Department (Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, Assistant City Manager, City Attorney, City Clerk and Director of Finance shall be used to indicate Mayor/Chair, Deputy MayorNice Chair, Councilmember/Director, City Manager/Executive Director, Assistant City Manager/Assistant Executive Director, City Attorney/Counsel, City Clerk/Secretary and Director of Finance/Finance Officer.) PLEDGE OF ALLEGIANCE Deputy Mayor Leonard led the Pledge of Allegiance. MOMENT OF SILENCE Mayor Vaus led a moment of silence. PRESENTATIONS Welcome the 1st Naval Gunfire Liaison Company (ANGLICO). Councilmember Mullin provided information regarding the 1st Air Naval Gunfire Liaison Company (ANGLICO) and presented a Resolution to Sergeant Major Jeremy Black and Lieutenant Colonel Morris Sharber whom explained that ANGLICO is the premier fire support of the Marine Corps. 3 of 13September 7, 2021, Item #2City of Poway -Minutes -August 3, 2021 Mayor Vaus congratulated Poway native Kelsey Plum for winning the gold medal in the women's 3x3 basketball Olympic team. PUBLIC COMMENT Carol Triebel discussed the need for a stage at the Mickey Cafagna Community Center for use during older adult exercise classes. CONSENT CALENDAR Motioned by Councilmember Mullin, seconded by Deputy Mayor Leonard to approve Consent Calendar Items 1 through 5. Motion carried by the following roll-call vote: Ayes: Noes: Abstained: Absent: Disqualified: Mullin, Frank, Grosch, Leonard, Vaus None None None None 1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda 2. Adoption of Resolution No. 21-063 entitled "A Resolution of the City Council of the City of Poway, California, Finding and Declaring the Continued Existence of an Emergency within the City due to the Novel Coronavirus (COVID-19) Global Pandemic" 3. Approval of Award of Agreement to Bay City Equipment Industries Inc. dba Bay City Electric Works for Generator and Switchgear Maintenance Services, RFP No. 21-031 4. Adoption of Resolution No. 21-064 entitled "A Resolution of the City Council of the City of Poway, California, Amending the Investment Policy for Public Funds" 5. Adoption of Resolution No. 21-065 entitled "A Resolution of the City Council of the City of Poway, California, Supporting the "America Supporting Americans' Adoption Program and Adopting the 1st Air Naval Gunfire Liaison Company" ORDINANCES FOR INTRODUCTION None. ORDINANCES FOR ADOPTION None. PUBLIC HEARINGS 6. Resolution Renewing the Fire Protection Special Tax to be Collected on the Property Tax Rolls for Fiscal Year 2021-22. Mayor Vaus opened the public hearing at 7:14 p.m. 4 of 13September 7, 2021, Item #2City of Poway -Minutes -August 3, 2021 Finance Manager Stacey Tang presented the item and explained that the City annually collects various taxes, fees, charges and assessments on the property tax roll and in order to collect them, it is necessary to adopt a Resolution. In response to Council inquiry, Deputy Fire Chief Scott Post explained that each residential lot up to two acres with a dwelling unit is assessed 10 points at $3.12 per point. If there is an additional dwelling unit on the property or if it exceeds two acres, an additional two points per acre is assessed. Mayor Vaus noted that the amount of the tax being assessed has not increased since the tax amount was passed in 1997. Councilmember Grosch added that in 1997, the revenues collected by the tax represented approximately 17 percent of the fire budget as opposed to approximately 5 percent today. Mayor Vaus closed the public hearing at 7: 19 p.m. Motioned by Mayor Vaus seconded by Councilmember Grosch to adopt Resolution No. 21-066 entitled "A Resolution of the City Council of the City of Poway, California, Renewing the Fire Protection Special Tax to be Collected on the Property Tax Rolls for Fiscal Year 2021-22." Motion carried 5/0. 7. Environmental Assessment (EA) 21-001, General Plan Amendment (GPA) 21-001 and GPA 21-002; a staff-initiated request to adopt the City of Poway 2020-2029 Housing Element and Submittal of the Housing Element Update to the California Department of Housing and Community Development for 90-Day Review Mayor opened the public hearing at 7:20 p.m. City Planner David DeVries presented the report along with a PowerPoint presentation. Mr. DeVries stated that there was a public outreach program coordinated by the City. Six comments were received during the 30-day public review period and as a result, staff will update the 2020-2029 Housing Element to include some minor changes. Yuri Bohlen expressed concern on how the number of units are not evenly distributed throughout the City. Michael Yee via teleconference, expressed concern regarding transportation. Mayor Vaus closed the public hearing at 7:31 p.m. In response to Council inquiry, Mr. DeVries explained that Regional Housing Needs Assessment (RHNA) numbers are negotiated by SANDAG which are then presented to the California Department of Housing and Community Development (HCD). Once the numbers are accepted by HCD, the Cities then distribute the housing units among the 19 jurisdictions in San Diego County. In response to Council inquiry, Fire Chief Canavan explained that the high fire areas were determined by the State of California. Chief Canavan stated that after the Oakland Hills fires of 1991 the State of California passed the Bates Bill directing Cal-Fire to conduct an assessment and identified very high fire hazard severity areas in Poway. 5 of 13September 7, 2021, Item #2City of Poway -Minutes -August 3, 2021 In response to Council inquiry, Mr. DeVries explained that a credit of approximately 300 units was given by the HCD for housing that was planned or under construction. Motioned by Councilmember Frank, seconded by Councilmember Mullin to adopt Resolution No. 21-067 entitled "A Resolution of the City Council of the City of Poway, California, Adopting a Negative Declaration (Environmental Assessment) For General Plan Amendment 21-001 and 21-002 for the Adoption of City of Poway Housing Element Update (2020-2029)" and Resolution No. 21-068 entitled "A Resolution of the City Council of the City of Poway, California, Approving General Plan Amendment 21-001 and 21-002 for the Adoption of City of Poway 2020-2029 Housing Element." Motion carried 5/0. STAFF REPORTS: 8. Provide Information Regarding Pension Obligation Bonds and Adopt a Resolution Authorizing Judicial Validation Proceedings for the Proposed Pension Debt Refinancing and Related Bond Financing Agreements Director of Finance Aaron Beanan presented the report along with a PowerPoint presentation. Mr. Beanan provided information regarding the California Public Employees Retirement System (CalPERS) and the history of the City's pension plan. Mr. Beanan explained that due to low interest rates, the City has an opportunity to potentially generate future savings by refinancing certain pension obligations with CalPERS using pension obligation bonds (POBs). He went on to explain that POBs are taxable debt issued by governmental employers to retire all or a portion of their Unfunded Accrued Liability (UAL) and some of the benefits of POBs would provide budgetary savings, interest rate savings and preserve reserve and service levels. Fieldman Rolapp & Associates Principal Jim Fabian explained what a pension obligation bond is and the options that the City has to issue them. Mr. Fabian went on to explain that there is a UAL unfunded actuarial liability that is on the City's books and the options to pay that off with the issuance of POBs. There are two different scenarios, 85 percent funded scenario and 100 percent funded scenario. Bartel Associates Vice President Mary Beth Redding reported the projected change in the City's future cash flows with and without a POB. Ms. Redding explained that if a POB is issued, the City would take on the obligation for a future debt service and invest the funds with CalPERS, reducing the unfunded liability which could reduce the required contributions. Ms. Redding further elaborated that an actual calculation of savings will depend on future years' CalPERS investment return which in most scenarios the City's cash flow with POB will be lower, but in some scenarios the cash flow will be higher if the investment return is very bad or very good. In response to Council inquiry, Mr. Fabian explained that what drives the interest rate is the rating it has received and if there is a delay in the bond sale, he recommends waiting until January 2022. In response to Council inquiry, Mr. Beanan explained that CalPERS has made an effort to put policies in place and strengthen the likelihood for them to achieve their discount rate targets and increase the funds sustainability over time. Mr. Beanan added that the discussion on a potential bond sale is occurring now due to Council interest and a low interest rate environment. He went on to explain that the analyses that were run included a contingency that had a higher interest rate to account for adverse movements in the market. 6 of 13September 7, 2021, Item #2City of Poway -Minutes -August 3, 2021 In response to Council inquiry, Ms. Redding explained that the analysis conducted determined that the average of the successful trial was $12 million dollars, and the average of the unsuccessful trials was a $5 million dollar loss. No speakers. Motioned by Deputy Mayor Leonard, seconded by Mayor Vaus to adopt Resolution No. 21-069 entitled "A Resolution of the City Council of the City of Poway, California, Authorizing the Issuance of Bonds to Refund Certain Pension Obligations of the City, Approving the Form and Authorizing the Execution of a Trust Agreement and Purchase Contract, Authorizing Judicial Validation Proceedings Relating to the Issuance of Such Bonds and Approving Additional Actions Related Thereto." Motion carried 5/0. WORKSHOPS: None. COUNCIL-INITIATED ITEMS: 9. Town Center Arch Entry Sign Deputy Mayor Leonard and Councilmember Frank presented the report along with a PowerPoint presentation regarding the Town Center Arch Entry Sign. Council expressed enthusiasm and support of the installation of a Town Center Arch Entry Sign. Yuri Bohlen expressed support of the concept with no tax dollars expended and suggested the sign be placed at the beginning of Poway Road. Council concurred to support the concept of a Poway welcome arch, community fundraising effort and the creation of a subcommittee to work with the Poway Valley Garden Club and other organizations. COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d)) The Mayor and Council made announcements and reported on various events taking place in the City. No action was taken. CITY MANAGER ITEMS: None. CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) 10. Conference with Legal Counsel -Anticipated Litigation Government Code§ 54956.9(d)(2) -one (1) case 11 . Conference with Labor Negotiators Government Code Section 54957.6 7 of 13September 7, 2021, Item #2City of Poway -Minutes -August 3, 2021 Designated City Representatives: Chris Hazeltine, Wendy Kaserman, Aaron Beanan and Jodene Dunphy Employee Organizations: Poway Firefighters' Association City Attorney Alan Fenstermacher announced that there was no reportable action at the Closed Session held on Tuesday July 20, 2021. At his request, Mayor Vaus adjourned the meeting into Closed Session at 9:04 p.m. City Council came out of Closed Session at 9:37 p.m. ADJOURNMENT The meeting adjourned at 9:37 p.m. Deborah Harrington Interim City Clerk City of Poway, California 8 of 13September 7, 2021, Item #2NOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting. CITY OF POWAY CITY COUNCIL REGULAR MEETING MINUTES August 17, 2021 City Council Chambers 13325 Civic Center Drive, Poway, California (Per Government Code 54953) (Meeting Called to Order as City Council/City of Poway Planning Commission/Poway Housing Authority/Public Financing Authority and Successor Agency to the Poway Redevelopment Agency) CALL TO ORDER Mayor Vaus called the Regular Meeting to order at 7:00 p.m. ROLL CALL John Mullin, Caylin Frank, Dave Grosch, Barry Leonard, Steve Vaus STAFF MEMBERS PRESENT City Manager Chris Hazeltine; City Attorney Alan Fenstermacher; Interim City Clerk Deborah Harrington; Development Services Director Bob Manis; Finance Director Aaron Beanan; Human Resources and Risk Management Director Jodene Dunphy; Public Works Director Eric Heidemann; Interim Fire Chief Scott Post; Captain Dave Schaller, Sheriff's Department (Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, Assistant City Manager, City Attorney, City Clerk and Director of Finance shall be used to indicate Mayor/Chair, Deputy MayorNice Chair, Councilmember/Director, City Manager/Executive Director, Assistant City Manager/Assistant Executive Director, City Attorney/Counsel, City Clerk/Secretary and Director of Finance/Finance Officer.) PLEDGE OF ALLEGIANCE Deputy Mayor Leonard led the Pledge of Allegiance. MOMENT OF SILENCE Mayor Vaus led a moment of silence. PRESENTATIONS None. PUBLIC COMMENT Yuri Bohlen supported increasing the wages of the Poway Firefighters. Pete Babich, via teleconference spoke regarding an independent commission on Redistricting. 9 of 13September 7, 2021, Item #2City of Poway -Minutes -August 17, 2021 CONSENT CALENDAR Motioned by Deputy Mayor Leonard, seconded by Councilmember Frank to approve Consent Calendar Items 1 through 5. Motion carried by the following roll-call vote: Ayes: Noes: Abstained: Absent: Disqualified: Mullin, Frank, Grosch, Leonard, Vaus None None None None 1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda 2. Approval of the July 20, 2021 Regular City Council Meeting Minutes 3. Adoption of Resolution No. 21-070 entitled "A Resolution of the City Council of the City of Poway, California, Finding and Declaring the Continued Existence of an Emergency within the City due to the Novel Coronavirus (COVID-19) Global Pandemic" 4. Adoption of Resolution No. 21-071 entitled "A Resolution of the City Council of the City of Poway, California, Authorizing the Acceptance of Grant Funds Through the Urban Area Security Initiative Grant Program" 5. City's Investment Report as of June 30, 2021 ORDINANCES FOR INTRODUCTION None. ORDINANCES FOR ADOPTION None. PUBLIC HEARINGS None. STAFF REPORTS: Principal Civil Engineer Shadi Sarni presented the report along with a PowerPoint presentation on Items 6 through 8 relative to the Consultant Agreement with Infrastructure Engineering Corporation (IEC) for engineering design services for the Clearwell Replacement Project, the Reimbursement Agreement with the San Diego County Water Authority for the design of the Poway 5 Flow Control Facility and a Third Amendment to the Kennedy/Jenks Consultant Agreement for Design Management Services of the Clearwell Replacement Project. 6. Approval of Consultant Agreement between the City of Poway and Infrastructure Engineering Corporation for Engineering Design Services for the Clearwell Replacement Project, RFP No. 21-032 Yuri Bohlen requested clarification on the definition of raw water. 10 of 13September 7, 2021, Item #2City of Poway -Minutes -August 17, 2021 In response to Council inquiry, Ms. Sarni responded that the new connection with the San Diego County Water Authority would be with a treated water pipeline. In response to Council inquiry, Ms. Sarni explained that IEC supplied the most complete bid, demonstrated a better understanding of the project and provided a complete scope of work. She went on to explain that there was a site tour and a question-and-answer session for all potential vendors. Ms. Sarni added that additional scope of work was negotiated into the project at no increase in the bid amount with IEC. Motioned by Councilmember Mullin, seconded by Deputy Mayor Leonard to approve the Consultant Agreement with Infrastructure Engineering Corporation (IEC) for Engineering Design Services for the Clearwell Replacement Project, per the outlined terms of the Consultant Agreement and authorize the City Manager to execute the necessary document. Motion carried 5/0. 7. Approval of a Reimbursement Agreement between the City of Poway and the San Diego County Water Authority (SDCWA) for the Design of the Poway 5 Flow Control Facility No speakers. Motioned by Councilmember Frank, seconded by Mayor Vaus to approve the reimbursement agreement between the City of Poway and the San Diego County Water Authority for the design of Poway 5 Flow Control Facility and the deposit amount of $150,000. Motion carried 5/0. 8. Approval of Third Amendment to the Agreement with Kennedy/Jenks Consultants for Design Management Services of the Clearwell Replacement Project No speakers. Motioned by Mayor Vaus, seconded by Councilmember Frank, to approve the Third Amendment to the Agreement for Program Management Services, RFQ No. 20-001 with Kennedy/Jenks Consultants, Inc. and authorize the City Manager to execute the necessary document. Motion carried 5/0. WORKSHOPS: None. COUNCIL-INITIATED ITEMS: None. COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d)) The Mayor and Council made announcements and reported on various events taking place in the City. No action was taken. Director of Public Works Eric Heidemann provided an update on the San Diego County Water Authority. Mr. Heidemann stated that the Metropolitan Water Districted voted to appoint Adel Hagekhalil as Metropolitan General Manager. Mr. Heidemann then reported that Fallbrook and Rainbow filed an application with the Local Agency Formation Commissions (LAFCO) to detach 11 of 13September 7, 2021, Item #2City of Poway -Minutes -August 17, 2021 from the San Diego County Water Authority which could impact the City of Poway. Mr. Heidemann concluded his update noting that due to severe drought conditions, Governor Newsom and the Water Authority have advocated a voluntary 15 percent reduction in water usage. CITY MANAGER ITEMS: None. CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) 9. Conference with Labor Negotiators Government Code Section 54957 .6 Designated City Representatives: Chris Hazeltine, Wendy Kaserman, Aaron Beanan and Jodene Dunphy Employee Organizations: Poway Firefighters' Association City Attorney Alan Fenstermacher announced there was no reportable action taken at the August 3, 2021 City Council Closed Session. At his request, Mayor Vaus adjourned the meeting into Closed Session at 7:30 p.m. City Council came out of Closed Session at 8:50 p.m. City Attorney Alan Fenstermacher announced there was no reportable action taken at the August 17, 2021 City Council Closed Session. ADJOURNMENT The meeting adjourned at 8:51 p.m. Deborah Harrington Interim City Clerk City of Poway, California 12 of 13September 7, 2021, Item #2NOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting. CITY OF POWAY CITY COUNCIL SPECIAL MEETING MINUTES -CLOSED SESSION August 26, 2021 City Council Chambers 13325 Civic Center Drive, Poway, California (Per Government Code 54953) (Meeting Called to Order as City Council/City of Poway Planning Commission/Poway Housing Authority/Public Financing Authority and Successor Agency to the Poway Redevelopment Agency) CALL TO ORDER Mayor Vaus called the Special Meeting to order at 3:06 p.m. ROLL CALL John Mullin, Caylin Frank, Dave Grosch, Barry Leonard, Steve Vaus STAFF MEMBERS PRESENT City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Carrie Gallagher; Finance Director Aaron Beanan; Human Resources and Risk Management Director Jodene Dunphy PUBLIC COMMENT Chris Olps spoke regarding the recent departure of various fire department personnel and recommended that the labor negotiators and city representatives come to an agreement. CONSENT CALENDAR None. COUNCIL-INITIATED ITEMS None. COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d)) None. CITY MANAGER ITEMS: None. CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) CLOSED SESSION 13 of 13September 7, 2021, Item #2City of Poway -Minutes -August 26, 2021 1. Conference with Labor Negotiators Government Code Section 54957.6 Designated City Representatives: Chris Hazeltine, Wendy Kaserman, Aaron Beanan and Jodene Dunphy Employee Organizations: Poway Firefighters' Association Mayor Vaus adjourned the meeting into Closed Session at 3: 11 p.m. City Council came out of Closed Session at 3:56 p.m. and City Attorney Fenstermacher announced that there was no reportable action. ADJOURNMENT The meeting adjourned at 3:56 p.m. Carrie Gallagher, CMC City Clerk City of Poway, California September 7, 2021, Item #3( AGENDA REPORT Cityof Poway "--=-'HE'·~· CITY COUNCIL DATE: TO: FROM: CONTACT: SUBJECT: Summary: September 7, 2021 Honorable Mayor and Members of the City Council Scott Post, Interim Fire Chief of Scott Post, Interim Fire Chief (858)668-4462 or Spost@poway.org Resolution to Continue the Existence of a Local Emergency Within the City of Poway Due to the Novel Coronavirus (COVID-19) Global Pandemic The Novel Coronavirus (COVID-19) global pandemic continues to cause unprecedented impacts on all economic and social segments of the United States. Federal, state, and county directives, mandates and orders to prevent, control and manage the spread of COVI D-19 have, and continue to, impact Poway residents, businesses and visitors. On March 18, 2020, the City Council approved a resolution proclaiming a local emergency. The adopted resolution requires the City Council to either continue the emergency action or declare the emergency ended at each regular meeting. Recommended Action: It is recommended that the City Council approve a resolution continuing the Proclamation of Local Emergency authorizing the City Manager to take necessary actions to protect the public and welfare of the City from the serious and imminent threat of COVI D-19. This action requires a four-fifths (4/5) vote of the City Council. Discussion: The COVID-19 global pandemic continues to impact business, education, healthcare, military, and social segments of the United States. COVID-19 has resulted in a swift economic slowdown and high unemployment rates. Federal, state, and county directives, mandates, orders and guidelines have been issued to prevent, control and manage the spread of COVID-19. While efforts are focused on re-opening the economy and relaxing restrictions, impact on Poway residents, businesses and visitors continues. In response to the COVID-19 global pandemic, and its impact on Poway, the City Manager, serving as Director of Emergency Services for the City of Poway, proclaimed a local emergency on March 13, 2020. On March 18, 2020, the City Council approved Resolution No. 20-013 ratifying the City Manager's Proclamation of Local Emergency. The City Council approved to continue the emergency action in 2020 on April 7, April 21, May 5, May 19, June 2, June 16, July 7, July 21, August 4, September 1, September 15, October 6, October 20, November 17, December 1, and December 15. And in 2021, the City Council approved to continue the emergency action on January 19, February 2, February 16, March 2, March 16, April 6, April 20, May 4, May 18, June 1, June 15, July 20, August 3 and 1 of s September 7, 2021, Item #3August 17. The adopted resolution requires the City Council to either continue the emergency action or declare the emergency ended at each regular meeting. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: As of August 23, 2021, City costs to respond to COVID-19 are estimated at $995,300. These costs specifically relate to FEMA eligible expenditures. The total fiscal impact is unknown at this time. Per the City Council adopted General Fund Reserve policy, the City maintains a General Fund Reserve of 45 percent of the budgeted annual General Fund operating expenditures, or $19,233,004 as of June 30, 2020, net of the $2,000,000 used from the Extreme Events/Public Safety reserve the City Council approved on April 16, 2020 to fund the Poway Emergency Assistance Recovery Loan (PEARL) program. The PEARL program is discussed in more detail below. Within that 45 percent, $12,142,455 is set aside for Extreme Events/Public Safety. Based upon the City's reserve policy, there are adequate reserves to cover the costs to respond to this health emergency. Further, staff believes some of the costs are recoverable under State and Federal Disaster programs. Amounts recovered under these programs will be used to replenish the General Fund reserve. Pursuant to the reserve policy, staff will return with a plan to replenish any General Fund reserves not replenished under a State or Federal Disaster program. Staff will recommend applicable budget adjustments prior to the completion of the current fiscal year. In addition to using reserves to respond to COVID-19, as mentioned above, on April 20, 2020, the City Council approved $2,000,000 to fund the PEARL program for small businesses. The PEARL program's goal is to offer financial assistance to small businesses located in Poway by complementing existing state and federal loan programs and to provide a financial bridge to businesses to survive the current emergency. The PEARL program provides loans of up to $50,000 to eligible businesses. As of August 23, 2021, staff has received 80 applications requesting $2,912,165 in loans. Based on staff's review, 35 loans totaling $1,385,326 have been approved and three loans totaling $120,000 have been repaid. The reserve fund will be replenished from the repayment of PEARL loans over a three-year period following the end of the local COVID-19 emergency. This period falls within the General Fund Reserve Policy's direction to fully replenish reserves within five years of use. Public Notification: None. Attachments: A. Resolution B. Proclamation of Local Emergency Reviewed/ Approved By: Wendy K~~rman Assistant City Manager 2 of s Reviewed By: Alan Fenstermacher City Attorney Approved By: September 7, 2021, Item #3RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, FINDING AND DECLARING THE CONTINUED EXISTENCE OF AN EMERGENCY WITHIN THE CITY DUE TO THE NOVEL CORONAVIRUS (COVID-19) GLOBAL PANDEMIC WHEREAS, the Novel Coronavirus (COVID-19) global pandemic in the City of Poway, commencing on or about January 24, 2020 that creates a threat to public health and safety; WHEREAS, Government Code section 8630 and Poway Municipal Code (PMC) Section 2.12.060 empower the City Manager, acting as the Director of Emergency Services, to proclaim the existence of a local emergency when the City is affected by a public calamity, and the City Council is not in session; WHEREAS, on March 13, 2020, the City Manager, acting pursuant to Government Code section 8630 and PMC section 2.12.060, proclaimed the existence of a local emergency based on conditions of extreme peril to the health and safety of persons caused by the Novel Coronavirus (COVID-19) global pandemic; WHEREAS, on March 18, 2020, the City Council, acting pursuant to Government Code section 8630 and PMC section 2.12.065, ratified the existence of a local emergency within seven (7) days of a Proclamation of Local Emergency by the City Manager; WHEREAS, the City Council, acting pursuant to PMC section 2.12.065, approved extending the emergency declaration during regularly scheduled meetings in 2020 on April 7, April 21, May 5, May 19, June 2, June 16, July 7, July 21, August 4, September 1, September 15, October 6, October 20, November 17, December 1, December 15, and in 2021 on January 19, February 2, February 16, March 2, March 16, April 6, April 20, May 4, May 18, June 1, June 15, July 20, August 3 and August 17; WHEREAS, Public Contract Code Section 20168 provides that the City Council may pass by four-fifths (4/5) vote, a resolution declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property; WHEREAS, upon adoption of such resolution, the City Manager may expend any sum required in the emergency and report the same to the City Council in accordance with Public Contract Code Section 22050; WHEREAS, if such expenditure is ordered, the City Council shall review the emergency action at each regular meeting, to determine if there is a need to continue the action or if the Proclamation of Local Emergency may be terminated; and WHEREAS, such the Novel Coronavirus (COVID-19) global pandemic constitute an emergency within the terms of Public Contract Code Sections 20168 and 22050 which requires that the City Manager be able to act quickly and without complying with the notice and bidding procedures of the Public Contract Code to safeguard life, health, or property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway hereby finds and declares: 3 of 5 ATTACHMENT A September 7, 2021, Item #3Resolution No. 21-Page 2 SECTION 1: An emergency continues to exist within the City as the result of the Novel Coronavirus (COVID-19) global pandemic; and (a) The continuing threat of the Novel Coronavirus (COVID-19) global pandemic requires that the City be able to expend public money in order to safeguard life, health, or property; (b) The City Manager, as the City's Personnel Officer, is authorized to take actions necessary to alter employee leave policies and ensure a safe and healthy workforce; (c) The City Manager is authorized to safeguard life, health, or property without complying with notice or bidding procedures; and (d) Once such expenditure is made, the City Manager shall report the conditions to the City Council at each regular meeting, at which time the City Council shall either continue the emergency action or declare the emergency ended. SECTION 2: This Proclamation of Local Emergency and all subsequent resolutions in connection herewith shall require a four-fifths (4/5) vote of the City Council. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 7th day of September, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DI SQUALi Fl ED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, City Clerk 4 of 5 September 7, 2021, Item #3PROCLAMATION OF LOCAL EMERGENCY WHEREAS, section 2.12.060 of the Poway Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session; WHEREAS, the City Manager, as Director of Emergency Services of the City of Poway, does hereby find that conditions of extreme peril to the safety of persons and property have arisen within the City of Poway, caused by the Novel Coronavirus (COVID-19) commencing on January 24, 2020; WHEREAS, that the City Council of the City of Poway is not in session and cannot immediately be called into session; and WHEREAS, this Proclamation of Local Emergency will be ratified by the City Council within seven days of being issued. NOW, THEREFORE, IT IS HEREBY PROCLAIMED by the Director of Emergency Services for the City of Poway, that a local emergency now exists throughout the City and that said local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council; IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, ordinances, and resolutions of this City, and by the City of Poway Emergency Plan; and IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this Proclamation of Local Emergency be forwarded to the State Director of the Governor's Office of Emergency Services with a request that; 1. The State Director find the Proclamation of Local Emergency acceptable in accordance with provisions of the Natural Disaster Assistance Act; and 2. The State Director forward this Proclamation, and request for a State Proclamation and Presidential Declaration of Emergency, to the Governor of California for consideration and action. PASSED AND ADOPTED by the Director of Emergency Services for the City of Poway this 13th day of March 2020. Chr~ Director of Emergency Services 5 of 5 ATTACHMENT B September 7, 2021, Item #4DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway September 7, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services./)/\ Hector Salgado, Assistant Planner l.S (858) 668-4659 or hsalgado@poway.org CITY COUNCIL Conditional Use Permit 20-008 and Minor Development Review Application 20-020; a request to combine an existing restaurant and retail space and convert it to a coffee shop with a drive-through located at 13432 Poway Road in the Poway Town and Country Center This action is a Conditional Use Permit (CUP) and a Minor Development Review Application (MORA) request to combine an existing restaurant space and retail space and convert it into an approximately 1,825 square-foot (sf) coffee shop with a drive-through, in the Poway Town and Country Center at the northeast corner of Poway Road and Community Road within the Mixed-Use (MU) land use district of the Poway Road Specific Plan (PRSP). Recommended Action: It is recommended that the City Council take public input, close the public hearing, and adopt the Resolution (Attachment A). Discussion: The project is initiated by Russell Stout and Associates, Inc. (Applicant) and is a request for a CUP and a MORA. The operator of the new coffee shop is not known. The CUP and MORA is a request to combine an existing restaurant space and retail space and convert it to an approximately 1,825 sf coffee shop with a drive-through located at 13432 Poway Road in the Poway Town and Country Center (Center). The Center is located at the northeast corner of Poway Road and Community Road within the MU land use district of the PRSP (Attachment B). Development of a drive-through restaurant is allowed within the MU district with the approval of a CUP and a MORA. The findings for a CUP are specified in Poway Municipal Code (PMC) Section 17.48.070 and provided in Section 2 of the resolution. The Center is approximately 8.61 acres and contains a grocery store, numerous boutique retail shops, offices, a Wells Fargo Bank, and restaurants. The Center was recently remodeled with a new Aldi 1 of 16 September 7, 2021, Item #4grocery store, a Harbor Freight, and a Chick-fil-A. The subject property is surrounded by commercial uses including Walmart to the north, Walgreens to the west, Creekside Plaza shopping center to the south, and Poway Square shopping center to the east. In addition, the subject property is located east of two multi-family residential apartments complexes (across Community Road). The proposed project includes exterior building modifications such as a new 45 sf drive-through service area, a new drive-through window canopy, the relocation of the entry doors, and a new trash enclosure at the rear of the coffee shop. The proposed elevations include a tower element on the roof that was previously approved as a part of the Aldi fac;ade remodel (Attachment C). Site modifications consist of a new drive-through lane with menu boards, directional signage, trash enclosure, electrical cabinet, a height restriction bar, seven additional parking spaces, and landscape improvements (Attachment D). The proposed landscape improvements are located at the south side of the storefront and around the proposed drive-through lane. The applicant has agreed to plant a minimum of four Crape Myrtle trees along the western portion of the proposed drive-through lane in-lieu of providing trees for the proposed rear parking spaces. The proposed drive through will only be accessed northbound off Community Road at the rear entrance (northwest driveway) to the Center. The drive-through lane will travel east behind 13414 Poway Road (Kahoots Pet Store) then will turn south between the proposed coffee shop and Kahoots Pet Store into the main customer parking lot. The drive-through lane will exit out into the main drive aisle along the storefronts that will allow drivers to make a right turn onto Community Road. The drive-through design and location are consistent with the guidelines set forth in the PRSP. A Traffic Analysis prepared by Linscott Law and Greenspan (March 25, 2021) found that the proposed project drive-through design will provide enough queueing space to accommodate anticipated drive-through operations to avoid any back-up onto Community Road. A typical drive-through queue of four to seven cars is expected during peak periods. The proposed drive-through lane can queue up to eight cars without impeding the drive aisle in the rear of the shopping center. The project proposes to remove one existing parking space near the store front and establish eight new employee parking spaces at the rear of the proposed coffee shop. With the proposed project the Center is required to provide 328 parking spaces and the new total on-site parking provided will be 354 parking spaces. · Pedestrian and bicycle through access is not proposed adjacent to the drive-through. Environmental Review: The proposed project is Categorically Exempt as a Class 1 Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (a) of the CEQA Guidelines, in that the project involves minor interior and exterior alterations to an existing structure. Fiscal Impact: None Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, August 26, 2021. A public notice was mailed to property owners and occupants loc~ted within 500 feet of the project site. 2 of 16 September 7, 2021, Item #4Attachments: A. Resolution B. Zoning and Location Map C. Building Elevations D. Site Plan Reviewed/ Approved By: Assistant City Manager 3 of 16 Reviewed By: Alan Fenstermacher City Attorney Approved By: Chris Hazeltine City Manager September 7, 2021, Item #4RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 20-008 AND MINOR DEVELOPMENT REVIEW APPLICATION 20-020 TO COMBINE AN EXISITNG RESTAURANT AND RETAIL SPACE AND CONVERT IT TO A COFFEE SHOP WITH A DRIVE THROUGH LOCATED AT 13432 POWAY ROAD IN THE POWAY TOWN AND COUNTRY SHOPPING CENTER. ASSESSOR'S PARCEL NUMBER 317-130-63 WHEREAS, Conditional Use Permit (CUP) 20-008 and Minor Development Review Application (MORA) 20-020 were submitted by Russell Stout and Associates, Inc., Applicant, and Liberty Creek B.D Partners, LLC., Property Owner, for a request to combine an existing restaurant and retail space and convert it to an approximately 1,825 square-foot coffee shop with a drive-through in the Poway Town and Country Center at the northeast corner of Poway Road and Community Road within the Mixed-Use (MU) land use district of the Poway Road Specific Plan (PRSP); WHEREAS, on September 7, 2021, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application; 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; and WHEREAS, the Poway Municipal Code (PMC) establishes findings required for granting a CUP. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The City Council finds that CUP 20-008 and MORA 20-020 are Categorically Exempt from provisions of the California Environmental Quality Act (CEQA), as a Class 1 exemption pursuant to Section 15301 (a) of the CEQA guidelines, in that the project involves minor interior and exterior alterations to an existing structure. SECTION 2: The findings for CUP 20-008, in accordance with Section 17.48.070 of the PMC, to establish a drive-through restaurant at 13432 Poway Road within the MU land use district of the PRSP, are made as follows: A. The location, size, design, and operating characteristics of the proposed use are in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use Permit Regulations), the General Plan, and the development policies and standards of the City, including the PRSP, in that a drive-through is allowed on a property with a MU land use designation in the PRSP with approval of a CUP, and will otherwise comply with all of the relevant codes and standards of the City of Poway. 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 drive-through has been 4 of 16 ATTACHMENT A September 7, 2021, Item #4Resolution No. 21-Page 2 designed by utilizing an architectural design that is substantially consistent with the PRSP and is consistent with the drive-through guidelines contained in the PRSP. The PRSP requires that drive-through aisles be located towards the rear of the site, ingress and egress points be located on secondary streets and not on Poway Road, drive-through aisles be screened or buffered, the circulation designed to minimize conflicts between pedestrians and vehicles, and directional signage to be utilized to enhance on-site circulation. The proposed use will be operated such that it will be compatible with the surrounding businesses within the commercial center. C. The proposed use is in harmony with the scale, bulk, coverage, and density of, and is consistent with, adjacent uses in that the project involves minor interior and minor exterior alterations to an existing building. Additionally, the proposed drive-through will be operated such that it will be compatible with surrounding businesses within the commercial center. 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 characteristics within the commercial center in that the drive-through has been designed to be consistent with the drive-through guidelines contained in the PRSP. F. The establishment of a drive-through coffee shop will not adversely impact the capacity and physical character of the surrounding streets and/or the Transportation Element of the General Plan in that the project has been designed to handle the queueing of vehicles in the drive-through lane proposed and will not impact traffic flow of the adjacent Community Road. G. The site is suitable for the type and intensity of use or development that is proposed in that the drive-through lane will be operating from the rear to the front of existing shopping center buildings and will not impact the circulation of the developed site. H. There will not be significant harmful effects upon environmental quality and natural resources in that the subject site is part of an existing fully developed commercial center and the project will meet development standards and result in a new drive-through coffee shop within an existing shopping center. I. There are no relevant negative impacts of the proposed use in that the use is conditionally permitted and traffic is shown to not be a significant impact. J. A drive-through is allowed in the MU land use district of the PRSP area with the approval of a CUP. Therefore, the impacts, as described in subsections A through I of this Section, and the proposed location, size, design, and operating characteristics of the proposed use on a previously developed property 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 and PRSP. K. That the proposed conditionally permitted use will comply with each of the applicable provisions of PMC Title 17 (Zoning Ordinance), in that the proposed use is a conditionally permitted use and has been designed such that it will not result in significant traffic or other 5 of 16 September 7, 2021, Item #4environmental impacts. Resolution No. 21-Page 3 SECTION 3: The findings for MORA 20-020, in accordance with PMC 17.52 Purpose of Development Review, are made as follows: A. The project has been designed by utilizing an architectural design that is substantially consistent with the PRSP to be architecturally compatible with surrounding development and conforms to the PRSP development standards and design guidelines. Therefore, the project respects and recognizes the interdependence of land values and aesthetics to the benefit of the City. B. The project has been designed to minimize impacts on surrounding development by utilizing an architectural design that is substantially consistent with the PRSP and will be compatible with surrounding commercial center development. Therefore, the proposed development respects the public concerns for the aesthetics of development and encourages the orderly and harmonious appearance of structures and property within the City. C. The granting of the MORA would not be materially detrimental to the public health, safety, or welfare within the community in that the proposed coffee shop and drive-through is a conditionally permitted use that is in the MU land use district of the PRSP. There are no anticipated impacts associated with the proposed coffee shop and drive-through related to traffic, noise, or odor. D. The project has been designed to be consistent with the surrounding commercial development in the area by utilizing exterior building materials and an architectural design that matches the existing materials (tower element has been previously approved). Therefore, the proposed development respects the public concerns for aesthetics of development. E. The project will not have an adverse effect on the aesthetics, health and safety, nor an architecturally-related impact upon adjoining properties, as the project has been designed to be consistent with the surrounding commercial development in the area by utilizing exterior building materials and architectural design compatible with nearby development. F. The design and improvements of the proposed development are substantially consistent with all elements of the General Plan and the PRSP. SECTION 4: The City Council hereby approves CUP 20-008 and MORA 20-020 as shown on the approved plan incorporated herein by reference and stamped as "Exhibit A" and dated June 15, 2021 on file in the Development Services Department, except as noted herein, 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 attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. 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 6 of 16 September 7, 2021, Item #4Resolution No. 21-Page 4 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. B. Approval of this CUP request shall apply only to the subject project and shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Building Permit issuance. This CUP approval shall be in substantial conformance with the approved plans stamped as "Exhibit A" with minor modifications permitted by the Development Services Director. C. Within 30 days of the date of this approval, and before the issuance of any permit: (1) the Applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the Property Owner shall execute a Covenant Regarding Real Property. In order for the City to prepare the Covenant, the Applicant must first submit a legal description of the subject site. D. The use conditionally granted by this approval shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding uses. E. The developer is required to comply with the Poway Noise Ordinance (PMC Chapter 8.08) requirements that govern construction activity and noise levels. F. The conditions of CUP 21-008 shall remain in effect for the life of the subject use and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. G. CUP 21-008 may be subject to annual review, as determined by the Director of Development Services, for compliance with the conditions of approval and to address unresolved operational concerns that may have been raised during the prior year. H. The conditions of CUP 20-008 and MORA 20-020 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. I. Prior to opening of business, the Applicant shall apply to obtain a Business Certificate through the Customer Services Department of the City of Poway. Prior to a business Certificate, the Applicant shall comply with the following: 1. The site shall be developed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. A final inspection from the appropriate City departments will be required. 2. Any signs proposed for the coffee shop and drive-through shall be designed in accordance with the Sign Ordinance. The necessary Sign Permit(s) and Building Permit(s) approvals for signage shall be obtained prior to installation. J. 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: 7 of 16 September 7, 2021, Item #48 of 16 (Engineering) Resolution No. 21-Page 5 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 percent complete at the time of submittal, ready for approval and issuance of permit. Incomplete submittals will not be accepted. All technical studies as required by PMC Chapter 16 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 Standard Development Project and will be subject to all City and State requirements. A Standard Project Storm Water Quality Management Plan (SWQMP) is to be submitted, consisting of the forms listed in the Poway BMP Design Manual, Section 8.1.1. 5. Grading securities shall be posted with the City prior to grading plan approval per PMC Section 16.46.080. 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 September 7, 2021, Item #4Resolution No. 21-Page 6 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. (Traffic Division) 10. A striping plan must be included with grading plan submittal. Include "Keep Clear" striping and signage at the entrance to the parking areas and truck access areas to prevent vehicles from blocking access to these areas. (Planning) 11. Pursuant to the approved project site plan, a minimum of 328 on-site parking spaces shall be provided pursuant to the proposed added parking spaces shown on the approved project plans on file in the Development Services, Planning Division. 12. The Applicant shall install a minimum of four (4) 24-inch box trees, approximately 20 feet apart along the drive-through lane and store front, including number, species, and sizing, to the satisfaction of the Development Services Director. 13. "Keep Clear" striping and signage shall be installed along the driveway aisle where queued cars could potentially block traffic access in and out of the parking areas and truck access to the back of the building. 14. Pursuant to the approved project site plan, the additional eight (8) employee parking spaces shall be painted with double stripes and have a minimum dimension of 8.5-feet by 18.5-feet. 15. All parking lot landscaped islands shall have a minimum inside dimension of four feet and shall contain a 12-inch-wide walk adjacent to parking stall and be separated from vehicular areas by a six-inch-high, six-inch-wide Portland concrete cement curbing. (Public Works) 16. In accordance with the approved project plans on file in the Planning Division, a trash enclosure shall be provided which can accommodate a minimum of three bins for waste, recycling and organics, and a grease interceptor shall be provided. K. The Applicant shall obtain a Building Permit. Prior to issuance of a Building Permit, the Applicant shall comply with the following: 9 of 16 1. The development shall comply with the current addition of the California Building Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Residential Code, California Fire Code, California Energy Code and California Green Code at time of submittal to the Building Division. All development shall comply with state structural calculations and seismic safety requirements. September 7, 2021, Item #410 of 16 Resolution No. 21-Page 7 2. The site shall be developed in accordance with the approved plans stamped as "Exhibit A" on file in the Development Services Department and the conditions contained herein. A final inspection from the appropriate City departments will be required. (Engineering) 3. 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. 4. 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. 5. The Applicant shall obtain a Grading Permit and complete rough grading of the site. The grading shall meet the approval of the Engineering Inspector and the project's geotechnical engineer. Following completion of rough grading, please submit the following: a. Two copies of certification of line and grade for the lot, prepared by the civil engineer of work. b. Two copies of a soil compaction report for the lot, prepared by the project's geotechnical engineer. The certification and report are subject to review and approval by the City. 6. The property owner shall execute an approved Storm Water Trash Facilities Maintenance Agreement (SWTFMA) accepting responsibility for all structural Best Management Practices (BMPs), perpetual maintenance, repair, and replacement as outlined in the Operations and Maintenance Plan. The SWTFMA requires an easement granted to the City of Poway. The Applicant shall submit 8.5 by 11-inch exhibits of the legal description, site plan, operations and maintenance plan, and easement plat and legal (if applicable) to the project engineer for approval. 7. The Applicant shall pay all applicable development impact fees according to the latest adopted master fee schedule at time of permit issuance. (Planning) 8. The proposed project will result in the removal of one (1) on-site tree. A Tree Removal Permit shall be obtained in accordance with the City's Urban Forestry Ordinance. 9. Applicable school impact fees shall be paid at the rate established at the time of Building Permit issuance. Please contact the Poway Unified School District for additional information at (858) 679-2570. September 7, 2021, Item #4Resolution No. 21-Page 8 10. The building plans shall include details for all exterior lighting to demonstrate conformance with PRSP Section 4.6 and PMC Section 17.10.1 SO(H), including, but not limited to, reflecting light downward, away from any road or street, and away from any adjoining residential development and providing lighting at building entrances with appropriately scaled light fixtures. Lighting shall be maintained in compliance with City standards by the Applicant for the life of the project. 11. Signs proposed for this development shall be approved under a separate Sign Permit. 12. The building plans shall include elevations and cross-sections that show all roof-mounted appurtenances, including, but not limited to, air conditioning and vents, screened from view from adjacent properties, Community Road and Poway Road, to the satisfaction of the Director of Development Services. 13. Exterior building materials and finishes shall reflect the approved elevations on file with the City and the conditions of approval, and shall be noted on the building plans, to the satisfaction of the Director of Development Services. L. The following requirements shall be completed to the satisfaction of the Safety Services Department: 11 of 16 1. Additions and/or changes to the cookline and/or required hood & duct fire suppression system shall be approved by the Poway Fire Department via separate plan submittal. 2. Rack storage in excess of eight feet in height requires a building department permit for installation. 3. Minimum 2A:20BC fire extinguisher required for every 3,000 sf and 75-foot travel distance. 4. The building's fire sprinkler and automatic fire alarm systems shall meet PMC requirements. Relocation of six or more sprinkler heads shall require a separate plan submittal and approval by the fire department. Advisory The Applicant is encouraged to evaluate the underground components of the fire sprinkler system. The City of Poway requires that anytime an underground water supply system for an existing fire protection system fails, including maintenance, testing, and seismic failures, the fire protection system shall be retrofitted with backflow protection devices. 5. The existing fire sprinkler system shall remain operational at all times. During approved periods of time when the system is out of service, a Fire Department-approved Fire Watch shall be established and maintained. 6. Display approved 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. September 7, 2021, Item #4Resolution No. 21-Page 9 7. Approved with the understanding that obstruction of Fire Department required fire lanes is a violation of the PMC and is prohibited. Permanent access roadways for fire apparatus shall be designated as 'Fire Lanes' with appropriate signs and curb markings. 8. Approved with the understanding that the Fire Department shall perform a New Business Fire & Life Safety Inspection at which time compliance with fire & life safety codes shall be determined. This may require issuance of annual operating permits per the PMC. M. Prior to issuance of a Certificate of Occupancy: (Engineering) 12 of 16 1. The Applicant shall install approved trash treatment devices per the Storm Water Trash Facilities Maintenance Agreement to the satisfaction of the Engineering Inspector. 2. All existing and proposed utilities or extension of utilities required to serve the project shall be installed underground. No extension of overhead utilities shall be permitted. 3. 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. 4. The drainage facilities, driveway, slope planting measures, and all utility services shall be installed, and completed by the Property Owner and inspected by the Engineering Inspector for approval. 5. An adequate drainage system around the new building pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector. 6. The Applicant shall repair, to the satisfaction of the City Engineer, any and all damages to public improvements caused by construction activity from this project. 7. After completion of all work, record drawings, signed by the engineer of work, shall be submitted to Development Services for review prior to a request of occupancy, per PMC Section 16.52.1308 of the Grading Ordinance. Approval of record drawings is required prior to issuance of occupancy and release of grading securities. Initial submittal of record drawings at least three weeks prior to a request for occupancy is recommended. (Planning) 8. The site shall be developed, and the building elevations shall be constructed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. A final inspection from appropriate City departments will be required. September 7, 2021, Item #4Resolution No. 21-Page 10 N. Upon establishment of the proposed use, pursuant to CUP 20-008 and MORA 20-020, the following shall apply: 1. To manage and promote efficient drive-through traffic flow during peak use hours, the business shall implement an operational practice of posting staff with electronic hand held menu order pads at the entrance of the drive-through lane when queuing exceeds eight cars. 2. The parking areas and driveways shall be well maintained. 3. All existing lighting fixtures shall be maintained such that they reflect light downward, away from any road or street, and away from any adjoining premises. 4. No loudspeaker or order speaker sound amplification system shall be used to produce sounds in violation of the Noise Ordinance, including telephone or electric bell or chime system. 5. All landscaping shall be adequately irrigated and permanently and fully maintained by the Property Owner at all times. SECTION 5: The approval of CUP 20-008 and MORA 20-020, shall expire on September 7, 2023, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and construction on the property in reliance on the CUP/MORA approval has commenced prior to its expiration. SECTION 6: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 7th day of September, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, City Clerk 13 of 16 September 7, 2021, Item #414 of 16 RA CG ,------' I TC I _J_ -----Mixed Use City of Poway 1· Zoning/ Location Map Item: CUP20-008 and MDRA20-020 ~ NORTH 0 500 ~~--~~~~~ Feet 125 250 ATTACHMENT B September 7, 2021, Item #4OJ !mTIN6....,.,~-•-~10- [a] ••,...J11W.Lt l'MNll't'N8111oc.QMTO~ (ID!mTIN6-•--..010- B)t>8TIN6......,.,!>llf_fO_ @J!•TIN6..,._NO_/_....,f0_ [!) ~~=«.,..~Jlm.1.Y"OOOlt.a&~ tl!IIIIZ"l"'NOft .. DHM.9• 4/,.,_.J CT]e_....,._.-10_ ~ IJafllloDOOIITO-NL.DIOltU'f. N'LLONIMl,ATIWfflldl. 6) !Jll.fllllM.AMBfflt'f .. Jl1~TD-....,,._.. @-•-•-10•-- [ill IJl'ITM PWJ. TO -~ f'OII lel OOOlt. 11!e 9 / MJ §J IJftTN ~TO•~ POil tell OfllW nAI ,of# tllf. 1!21 l>8TIN6 -Itel> 10•--[B) ..,,_. IJCSTNII l"IE:tOO ..,._ ATllfl.lTYltl!D NG ,_..N,IILL I , • , , • ---~-1 [) 1 ~ 1 ~ 1 ~ 1 [) ~~=----•-...... 1110•- EXIST1N6 50\JTH (FRONT} ELEVATION -W• ~@I lll=---•--u [j] -.~Ol'.uti86IN11t'l"/!JCITDOC:leTOMATGHU.TN. ~ _,.•""'-GOAT lllllMCNID POCO _,.. t IPLL ITUC,GOPlolrU..I,, tfll•to-........,_. C;OIINGVTJIUH, .. ,OJO•ILAGIC.POK. 161-----....... --. l!fl-•.,. ____ , __ PII00ft/utHl"/'-NIDt"'ft,...,..._TIHNk& TOMATGHe.ra,. 1a1--,.._,-10,...,a,.,.,_ __ _ ~ """" t&.a4ffAL 20-009. l'NGGO ,w.u,, .. "11-M • M\CfO TAIPI: CONC,I / TIIIIHt IN 1020 • IL.M'.IC. fl01C .AlfltW.T......a. MATUt lJCITN. ~-............... _ .. ___ ,_ c.A81«Tl"AINTB>TOMATGH~IUI.PINlo. ~---.... --.-•>-<•-DfTAIL .. MA1911,H,.61c:,Q.Ot9. iH---..--GMLttl)ol.1/tl)ol.2 ~-°'-~.,,--.... ---)> ---1-------------12~1-------------'.__ __ ---12+----¥-------12•'1------#-------l2i'l----l''--------o'l>----------l[J .,,,_ ........ _..,,_ __ ::1 ~=---=..~:=..~="'~ )> :=::,~,,,.~== ~ PROPOSED SOUTH (FRONT) ELEVATION -iw■l'-O'G) KEYNOTES @ s: m z -I n ~ ~ 4---@--+ I lrfOIO I ~1u l ~ l 1 1 EXISTIN6 NORTH (REAR) ELEVATION f--iu k ~ l 1 1 I I I I I ,11111111!!!!!!!!!11111 [}BffOIO ~~ BffOIO 'J § --iw•"°'®I EXISTIN6 ~T (SIDE) ELEVATION -IW•l'O'@ e . . . 1!!) i I ~1· a . Ii;• . mt z 0 ~ a i ~Oo '-1.l < ~ ~~< i:i:i< u. U...J ;>-, ;>-, ---< ~~ ~ s~2 o-U~o 0~< ~ ::i:: ~ zE-< >-~ g: < o-~ E-<~ 0 ;>-, 0 11< <t:11. N ~g~ ocn ::! 11< '-1.l ~ 0 u Q~ w() 1~ -~ i~ ~Ii ~~ ll_ __________ ----;::=::J-=:=-==-=-===--:-:-:=-=-=-==---=-=--=-=-=-=--:-------~ PROPOSED NORTH (REAR) ELEVATION -w ■l'-0'02)1 PROPOSED Y"IEST (SIDEl ELEVATION A-4.0 -..... l'0'(-4 )I ~ September 7, 2021, Item #4l> -4 -4 l> n :c s: m z -4 C 0 <( 0 ~ ~ z ::> ~ ~ 0 (.) ~ •= I I I I I I ll!!!c.-tJl'()llt"ll. l'IIOl'l!ltTYL"'6, --•D111T-. = -~«\\ POWAY ROAD _,. -$ [J] _,,_ __ ,..,._ e,e,.._~TCINVl!;Al9LH I .. ~. § @I em,...~~ 1111<1ND ,._ -·• 1-----1 Bl em,._--.-~ ,.ID, ~TN'I! ~ @) ==~NTHHe....rOftTIQC.TN'l!_l 1~ ~ ~: = =:-' ~ ~ ~y "™ * .. ~~~:· * ne c;.1'N' er~,. MNCol"AL c.coe ~ e.a..D40. "',e,~••-!:b4...i:. ~l'tt.l.Bef'llree>TOMOTVCGemed/JAATe'-D" c .._ ___ T, CTI IO'IL..AIC9CN'l!'"'-""".(ll!!!GML-/ ~ __ .,_LANl!,(11!1!,ML.,,._/ BJ _,._,_9TOf'5,_,.. __ AT l!m,.__.,.._T/ CO IO'I IU(;--T t -l!IICLDIUOI!. l!:::l !lefK>-1.2 [ITl _,,_ ___ @ =i::~=~~ .. :.~::....,.-~AT OOOll9il!ll!l!~TYIO:>Te4/90-l.2 ~ ==~~~7:-~. -· 1B) em,....~---•1eo-1.2 jiID IO'l9'-0"~IWIO"IC>l!IW,-4'_PIOM!.,_ ,,,_,TIONAL -· -9IW.l.""' """-"'-T M<Nf.M-LN!."ll.lO'l_...,. __ A -MATe-.rr.THe""'1Pl!ltT'r-19 __ .,...,..~-- (c:trel-002/ NO l'OU.Orl5 c;JTY Of'...,...,. _,,.AL G<:>De.-n.40.:MO,_,, __ _ -tlMl'l&tc,_Of',..Y ..... _.,-.!A _..._.__T, ~ IO'IL....rl"IOUNO-,TOGQoPI.YflTHTHe -5TNO-5eT ~""1H ti THe -,,.., -UNOTHec;!TYOf'""""Y_,,.ALC:OW -11.I0.!50,~TIONCl<I. ll:1JIOl~,.-CM.r- ~ -~--.r-...emTMI. -GML-. ~ IO'I ITCMM -OILeT ...... Te. -GML-. lgj l"IOU-TO..e/'D,"DO""'aoc;oi:-r § IO'l9'4'~x••f11>1!x,.4'_Pl'M!.,_ 0ttOl!IC.TIONAL-.THel'IIOl'l!ltTY-19 __ .,...,..~-- (~-002/ NO l'OU.Orl5c;JTY Of'...,...,. _,,.AL c:ow.-n.40.240. _,, __ _ ~N11f!!P\8..IG~~MYll'ILL.llleGl.lllll!A --T. KEYNOTES IHCffltt~ ■:N ICN4001!I --__ ...., ALI>! ~-POSTA&.AHCX GPIIGB.l.-""""y.....,. ...... ~ ~ 1.0009" ,.,.,., .. "·"'" If' 21.M'llf' 9.240 If' ,...., .. ~ .. MQ,r -..r. ........ ,,00,,., l!PtW I P"fcr: MZYKn Qo,Q VI Htl(IILOCI< 1.8009" NNMU...-.. 'IOC),r rlbbtr""!t9 1ap;,r ♦.100 91' / 290 • 21.6 !"CPIC"& I Ql'NTN I ~1nc,o OQQQ ,rJ A.TA~ N('f'& 21)1,0 91' PP!!/li,Affl mJ,:aoo,,u CAIN /PmW• l I/ OPT I ~--ta2911' 1629 tlTHeHIXYOtU<T'IOOlf' 'IOO GfNDRMOH ~II' ..arO ll0IN> Tl&!! 9.-.0 If' 9.MO -9.000 II' 9.000 GHGK-flL .. A 4.,...IP 4.,... @ .. ,itiaJ/l90•9.5 TOTAL"NOK ... -,. __ l!mTN -Al>Dl!I> TOTM..~,.AIIIK.N -·-,.., .. --·---·- 1, i .I ,_,! . a . iI: 5 i::: ai Oo ffi< ~ E-< Ill <i: zz u Ill <i: • u ,-.l >->----< ~~~ zo 0.. ~z 8~ 0 0~ < Z~o <i:::C: ~ z E-< >-:3: Ill< o::: :3: E-<~ 0 >-0 0.. ..i:0.. N :3'.a5 ~ ocn 0-.~ tt 0 u n ..... ·-~ el .\ 30x42rsa-tb.dwg " -PROPOSED SITE PLAN -,1••-@ PARKIN<$, REGUIREMENTS 01?0 :!.:! September 7, 2021, Item #5DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway September 7, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services /,11'1 Austin Silva, Senior Planner ~~ (858) 888-4658 or asilva@poway.org CITY COUNCIL Environmental Assessment, Specific Plan Amendment 19-002, and Conditional Use Permit 19-002 for a proposed wireless communication facility at 13875 Kirkham Way This action is a Specific Plan Amendment (SPA) request to amend the South Poway Specific Plan (SPSP) to allow freestanding wireless communication facilities to have a maximum height of 90 feet as a conditionally permitted use, and a Conditional Use Permit (CUP) request to allow a wireless communication facility (WCF) consisting of an 85.5-foot-high steel monopole and equipment cabinet on a 5.37-acre lot at 13875 Kirkham Way in the Light Industrial -Storage (LI-S) 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 (Attachments A and B) and introduce the Ordinance (Attachment C) for first reading by title only, waive further reading, and schedule the adoption for September 21, 2021. Discussion: The project is initiated by PlanCom Inc. (Applicant) and is a request for a SPA and a CUP. The SPA is a request to amend the SPSP to allow freestanding WCFs to have a maximum height of 90 feet as a conditionally permitted use where a maximum of 35 feet is currently allowed. The CUP is a request to construct and operate a WCF consisting of an 85.5-foot-high monopole allowing for three carriers on a 5.37-acre lot located at 13875 Kirkham Way in the LI-S land use district of the SPSP. The findings for a CUP are specified in Poway Municipal Code (PMC) Section 17.48.070 and provided in Section 2 of the CUP Resolution (Attachment B). The WCF is a proposed metal monopole. The 5.37-acre project site is located on the south side of Kirkham Way, west of the terminus of Stowe Drive (Attachment D). The subject property is owned by the City and is currently developed and used as a storage lot for new vehicle inventory by dealers located in the City. The City leases the storage 1 of98 September 7, 2021, Item #5lot to the Poway Auto Dealers Association. The proposed WCF would not interfere with the auto dealers' use of the leased premises. Surrounding land uses include a General Atomics industrial building to the north, ABC SD Chapter Apprenticeship Training center to the west, a modular building storage lot to the east, and vacant sloping land designated as Open Space to the south. Also, there are approximately 75 to 80-foot-high San Diego Gas and Electric (SDG&E) transmission poles located approximately 730 feet to the west of the subject property with transmission lines that span southwards across Beeler Canyon and northwards across the business park. Pre-Development Conference On February 5, 2019, a Pre-Development Conference (PDC) was held for this project so the Applicant could get input and direction from the City Council regarding their proposal. The Applicant had three different design options for a WCF that included an 89.8-foot-high faux Eucalyptus tree, an 84.8-foot-high steel monopole, and an 84.8-foot-high three-legged lattice tower along with at-grade radio equipment within two decorative block enclosures. Staff noted in the agenda report for the PDC that there are no mature trees surrounding proposed WCF. As the monopole and lattice tower were similar in height, color, and materials to the nearby SDG&E transmission poles, staff recommended that the monopole or lattice tower design be used if the City Council were receptive to the project moving forward. However, based on feedback from the City Council, the faux tree option was the design that was chosen for the formal project submittal. Staff directed the Applicant to propose a faux pine tree tower (faux pine), instead of a faux eucalyptus, along with adjacent live pine trees to visually blend the proposed faux pine into the surroundings. Following the PDC, the Applicant prepared drawings and photo simulations for a fourth design of a faux pine tree, which staff directed the Applicant to move forward with. Illustrations of all four tower designs are included with this report as Attachment E. 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 1 O years, the City Council has approved two applicant-initiated 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 PMC, it is required that proposed Specific Plan amendments be considered by the City Council at a public hearing. The maximum structure height permitted in the South Poway Planned Community is 35 feet, except that industrial buildings up to 45 feet in height within two stories may be allowed when it can be demonstrated that the additional height is necessary for the use anticipated for reasons such as automated warehouse, inventory retrieval or bridge cranes. No structure shall exceed 35 feet in height when located adjacent to downhill slopes along the perimeter of the business park which restricts the height of the proposed wireless facility. City-wide, amateur radio antennas, not WCFs, are permitted to be up to 65 feet in height and may be allowed above 65 feet with the approval of an antenna permit by the City Council. City Wireless Communication Policy In 2004, a City Wireless Communication Facility Policy (Policy) (Attachment F) was adopted to provide 2 of98 September 7, 2021, Item #5a uniform and comprehensive set of guidelines for the development and installation of WCFs. Section D of the Policy contains Design Guidelines for the development and installation of new wireless facilities. The following guidelines are applicable to the proposed wireless facility unless otherwise modified by the City Council: 1. The Applicant shall use all reasonable means to conceal or minimize the visual impacts of the facilities. The facilities shall be architecturally integrated with existing structures and/or screened from view. 2. The use of false trees is discouraged. 3. The facilities shall be the smallest, least visually intrusive antennas, components and other n<=cessary equipment. 4. Antennas shall be painted to match the color of the surface to which they are attached. The proposed project complies with the City Wireless Communications Policy, except as related to height, in that the WCF has been designed to have similar materials and height such as the SDG&E transmission poles to the west of the project site and is not out of character for the industrial nature of the southerly portion of the SPSP area. The proposed SPA would allow WCFs with a freestanding structure supporting antennas such as a pole, faux tree, faux water tank, etc., to have a maximum height of 90 feet. The SPA would apply to all land use districts of the SPSP, and a CUP would be required to be approved by the City Council for any new proposed WCFs. Additional provisions consistent with the City Wireless Communications Policy are included in the SPA as requirements related to height and architectural compatibility. Proposed Wireless Communication Facility The WCF is proposed within an existing landscape planter just north of an existing security fence in the front portion of the property as shown on the site plan (Attachment G). The landscape planter contains three trees and vines that are growing on the block wall. Two trees in the planter would be removed to accommodate the WCF. The telecommunications tower is an 84-foot-high monopole structure with nine antennae that would extend above the pole to a height of 85.5 feet (Attachment H). The antennae are gray and white and would be located along steel arms that are configured into three segments reaching outward from the monopole. The monopole would be constructed of galvanized steel and treated with an anti-reflective coating. An eight-foot-high wrought iron fence with screening vines would surround the base of the monopole. A 150 square-foot equipment enclosure with an eight-foot-high concrete block wall would be located just east of the monopole and wrought iron enclosure. Screening shrubs would be planted along the front of the equipment enclosure and the monopole enclosure and five Aleppo Pine trees will be planted throughout the five landscape planters in the front of the property adjacent to Kirkham Way. An existing light standard will be removed to accommodate the monopole and will be relocated onto the monopole. The Applicant identified the City-owned vehicle storage facility as a candidate for meeting the technical objectives for a wireless facility. Phoenix Tower International (PTI) will construct the steel monopole and would lease to T-Mobile for the installation of antennas and the associated ground-level equipment. PTI would be able to lease to two additional wireless providers (providers) for a potential total of three providers with antennas mounted onto the monopole. The proposed height of the pole is needed so that two additional providers could collocate onto the pole while the bottom array of antennas for a third provider at the lowest elevation could have a clear line of sight over the General Atomics building to the north. The Site Section Exhibit (Attachment I) demonstrates that the bottom array can clear the line of sight with the proposed monopole. An alternative sites analysis was 3 of98 September 7, 2021, Item #5provided (Attachment J) and indicates that seven alternate sites were considered, but they did not meet the site feasibility parameters such as having insufficient building height or the businesses located on those properties will not lease space to telecommunication companies for wireless facilities. A map is also included with this analysis showing the locations of the alternate site considered. Radio Frequency (RF) Report Prior to issuance of a building permit, Radio Frequency (RF) Report is required to be prepared that demonstrates the proposed facility will operate in compliance with Federal Communications Commission (FCC) standards. Visual Analysis A visual analysis dated May 6, 2021 (Attachment K) was prepared by Helix Environmental Planning demonstrated that the proposed steel monopole structure would have minimal visual or aesthetic impacts. The analysis determined that the steel monopole would be a noticeable linear feature. The monopole would not cause a significant visual impact because it would not substantially adversely affect a scenic vista, damage scenic resources, significantly conflict with regulations governing scenic quality relative to their visual effect or create a new source of substantial light and glare. Views from multi-use trails towards the monopoles would be intermittent, and views from parks, especially those views of the distant mountains, would not be impeded by the monopole. The monopole would not obscure large percentages of views and is therefore not considered a dominant feature because of its linear design. The proposed monopole would be most visible from surrounding properties within the business park and from some of the homes in the Sycamore Estates neighborhood located to the south of the project site in the City of San Diego. Figure 10 in Attachment K (Viewshed Analysis) shows the project viewshed through an aerial photograph base within a three-mile radius of the project site. The majority of the viewshed (84 percent) would not have view availability to the proposed monopole based on topography. Additionally, the remaining 16 percent could have obstructed views to the site because of intervening structures or landscaping that was not considered by the computer modeling. The visual analysis first analyzed the faux pine and was updated after the neighborhood meeting to analyze the proposed steel monopole. Both visual analyses concluded that the steel monopole and the faux pine would not have significant visual impacts. Photo simulations of the proposed monopole from multiple vantage points have been provided and are included as Attachment L. Neighborhood Meeting On April 8, 2021, a virtual neighborhood meeting was held by the Applicant to present their project to the community. Mailed public notices were sent to all property owners and occupants located within the SPSP and within 500 feet of the boundaries of SPSP. The notice was also posted on the City's website. The Applicant presented the design of a faux pine tree to be used as the cellular tower. There were approximately 13 people in attendance during the meeting. Attendees expressed concerns that the South Poway Specific Plan is frequently amended to allow bigger structures, and the height of the 89.8-foot-high faux pine was too large and obtrusive. A few attendees expressed that while they weren't opposed to the project, they would prefer to see an alternative design such as a metal structure that would be similar to the metal towers supporting the SDG&E power lines to the west of the project site. Another attendee suggested that a faux water tank should be considered for an alternate design. Based on comments received from the community the monopole changed from a faux pine tower and a visual analysis was provided that considered a metal monopole. 4of98 September 7, 2021, Item #5Environmental Review: As required under the California Environmental Quality Act (CEQA), an Environmental Initial Study (EIS) was completed for the project. A visual study was submitted to analyze visual impacts. 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 Availability of the EIS and 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: The City's General Fund will receive a monthly rent payment from PTI of $36,000 for the first year, after which rent will increase three percent each year. For the first 10 years of the lease agreement, the city will receive $457,804 for the one provider. If PTI exercises all extensions of the lease agreement, the City will receive a minimum of $3,251,531 over the life of the lease agreement. PTI has the option of leasing space on the cell tower to two additional providers, for a total of three cell providers. The lease amounts above are reflective of PTI entering a lease with one provider. If PTI enters into additional lease agreements, the City will receive 30 percent of the annual rent. As it is unknown if or when PTI might enter into additional leases and the associated rent amounts, the additional revenue cannot be estimated at this time. 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, August 12, 2021. A public notice was mailed to property owners and occupants located within the SPSP area and within 500 feet of the boundaries of the SPSP area. Attachments: A. Resolution approving the Negative Declaration (ND) B. Resolution approving Conditional Use Permit (CUP) 19-002 C. Ordinance approving Specific Plan Amendment 19-002 D. Zoning and Location Map E. Tower Alternatives F. City Wireless Communication Policy G. Site Plan H. Elevations I. Site Section J. Alternative Sites Analysis K. Visual Analysis L. Photo Simulations 5 of98 September 7, 2021, Item #5Reviewed/ Approved By: Wendyserman Assistant City Manager 6 of98 Reviewed By: Alan Fenstermacher City Attorney Approved By: Chris Hazeltine City Manager September 7, 2021, Item #5RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION FOR SPECIFIC PLAN AMENDMENT 19-002 AND CONDITIONAL USE PERMIT 19-002, A REQUEST TO AMEND THE SOUTH POWAY SPECIFIC PLAN TO ALLOW FREESTANDING WIRELESS COMMUNICATION FACILITIES TO HAVE A MAXIMUM HEIGHT OF 90 FEET AS A CONDITIONALLY PERMITTED USE AND TO ALLOW A WIRELESS COMMUNICATION FACILITY CONSISTING OF A 85.5-FOOT -HIGH STEEL MONOPOLE AND EQUIPMENT CABINET ON A 5.37-ACRE LOT AT 13875 KIRKHAM WAY, ASSESSOR'S PARCEL NUMBER 323-501-02 WHEREAS, on July 30, 1985, an Environmental Impact Report (EIR) was prepared and certified pursuant to the California Environmental Quality Act (CEQA), in conjunction with the adoption of the South Poway Specific Plan (SPSP), and a 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). A study was submitted relating to visual impacts. 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 Viejas Tribal Government responded to a formal project notification to native tribes with influence in the Poway area and determined that the project site has cultural significance to the Viejas Band of the Kumeyaay Indians. It was requested that a Kumeyaay cultural monitor be on site for ground disturbing activities to inform them of any "new developments such as inadvertent discovery of cultural artifacts, cremation sites, or human remains." The project site is previously developed. While there has been no evidence presented during Tribal Consultation to indicate that there is a reasonable possibility of a significant impact, the Conditional Use Permit (CUP) will include a condition that a Kumeyaay cultural monitor shall be on site during ground disturbing activities. 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) 19-002 and CUP 19-002 for a request to amend the SPSP to allow freestanding wireless communication facilities (WCF) to have a maximum height of 90 feet as a conditionally permitted use and a WCF consisting of a 85.5-foot high steel monopole and equipment cabinet at 13875 Kirkham Way; WHEREAS, on September 7, 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: 7 of98 ATTACHMENT A September 7, 2021, Item #5Resolution No. 21-Page 2 SECTION 1: In accordance with the requirements of CEQA, an EIS and a proposed ND have been prepared for SPA 19-002 and CUP 19-002 involving an amendment to the height requirements for WCFs in the SPSP and the construction and operation of an 85.5-foot-high steel WCF at 13875 Kirkham Way. 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. Any anticipated impacts were determined to be below a level of significance and, therefore, do not require any mitigation. The City Council hereby adopts the ND included as Exhibit A. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 7th day of September, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, City Clerk 8 of98 September 7, 2021, Item #5STEVE VAUS, Mayor BARRY LEONARD, Deputy Mayor DAVE 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: PlanCom lnc.1 302 State Place1 Escondido1 CA 92029 2. Project Name and Brief Description of Project: Kirkham Wireless Facility; Environmental Assessment Specific Plan Amendment {SPA) 19-002 and Conditional Use Permit {CUP) 19-002: A proposal to amend the South Poway Specific Plan to allow freestanding wireless communication facilities to have a maximum height of 90 feet as a conditional use. A Conditional Use Permit {CUP) was also submitted concurrently with the Specific Plan Amendment {SPA) to allow a freestanding wireless communication facility consisting of an 85' 6"-tall monopole and equipment enclosure that will allow for co-location of antennas for up to three wireless carriers. The monopole would be constructed of galvanized steel and treated with an anti-reflective coating. The gray and white antennae would be situated along steel arms that are configured into three segments that reach outward from the monopole. The monopole will be setback approximately 96 feet from Kirkham Way. Five pine trees will be planted in existing landscape planters adjacent to Kirkham Way. Two new equipment cabinets will be located on new concrete pads and will be screened by a 10-foot-long by 15-foot-wide by eight-foot-tall block wall just east of the monopole on property located at 13875 Kirkham Way1 APN 323-501-021 with a Light Industrial-Storage 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: Austin Silva Phone: {858) 668-4658 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 September 7, 2021, Item #5CITY OF POWAY ENVIRONMENTAL INITIAL STUDY AND CHECKLIST A. INTRODUCTION 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 a Mitigated Negative Declaration for the proposed project. 8. PROJECT INFORMATION 1. Project Title: Kirkham Wireless Facility 2. Lead Agency Name and Address: __ C_it_y_o_f_P_o_w_a_y_, _D_e_v_e_lo_p_m_e_n_t_S_e_rv_i_c_es ____ _ 13325 Civic Center Drive, Poway, CA 92064 3. Contact Person and Phone Number: Austin Silva (858-668-4658) 4. Project Location: South Poway Specific Plan area and 13875 Kirkham Way 5. Project Sponsor's Name and Address: PlanCom lnc./302 State Place, Escondido, CA 92029 6. General Plan Designation: _P_la_n_n_e_d_C_o_m_m_u_n_it_y_(P_C ....... ) ____________ _ 7. Zoning: Planned Community (PC) -Light Industrial 8. Description of Project: The proposed project includes a request to amend the South Poway Specific Plan to allow freestanding wireless communication facilities to have a maximum height of 90 feet as a conditional use. A Conditional Use Permit (CUP) was also submitted concurrently with the Specific Plan Amendment (SPA) to allow a freestanding wireless communication facility consisting of an 85' 6"-tall monopole and equipment enclosure that will allow for co-location of antennas for up to three wireless carriers. The monopole would be constructed of galvanized steel and treated with an anti-reflective coating. The gray and white antennae would be situated along steel arms that are configured into three segments that reach outward from the monopole. The monopole will be setback approximately 96 feet from Kirkham Way. Five pine trees will be planted in existing landscape planters adjacent to Kirkham Way. Two new equipment cabinets will be located on new concrete pads and will be screened by a 10-foot-long by 15-foot-wide by eight-foot-tall block wall just east of the monopole. 9. Surrounding Land Uses and Setting: The project site is located in the South Poway Specific Plan (SPSP) area. The SPSP area is located at the southern end of the City and includes a variety of land uses including industriaL commerciaL residentiaL and open space. Single-family residential neighborhoods are north and west of the SPSP boundary. The southern portion of the SPSP area mostly contain natural habitat except for a mining facility. The southern boundary of the SPSP borders the City of San Diego with a single-family residential neighborhood upslope of Beeler Canyon. The east end of the SPSP area is surrounded by natural habitat except for an equestrian facility that is south of Scripps Poway Parkway. The project site for the proposed wireless communication facility is owned by the City and is 10 of 98 1 September 7, 2021, Item #5EIS and Checklist currently developed and used as a storage lot for new vehicle inventory by dealers located in the City. The immediate surrounding land uses include a General Atomics industrial building to the north, ABC SD Chapter Apprenticeship Training center to the west, a modular building storage lot to the east and vacant sloping land designated as Open Space to the south. 10. Other public agencies whose approval is required (e.g.: permits, financing approval, or participation agreement): None 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 consultation has occurred and concluded. Responses to the AB 52 and SB 18 consultation notices are discussed further 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 21083.3.2.) 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. 11 of 98 2 September 7, 2021, Item #5EIS 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 / 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. City of Poway Date 12 of 98 3 September 7, 2021, Item #5EIS 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 highway? 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 reoulations governing 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 13 of 98 POTENTIALLY POTENTIALLY SIGNIFICANT SIGNIFICANT UNLESS IMPACT MITIGATION INCORPORATED 4 LESS THAN SIGNIFICANT IMPACT X X X NO IMPACT X September 7, 2021, Item #5EIS 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(9)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(q))? 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: 14 of 98 POTENTIALLY POTENTIALLY SIGNIFICANT LESS THAN NO SIGNIFICANT UNLESS SIGNIFICANT IMPACT IMPACT MITIGATION IMPACT INCORPORATED X X X X X X 5 September 7, 2021, Item #5EIS 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 substantial pollutant concentrations? X 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 impede 15 of 98 6 September 7, 2021, Item #5EIS and Checklist ISSUE 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: 16 of 98 POTENTIALLY POTENTIALLY SIGNIFICANT LESS THAN NO SIGNIFICANT UNLESS SIGNIFICANT IMPACT IMPACT MITIGATION IMPACT INCORPORATED X X X X X X X 7 September 7, 2021, Item #5EIS and Checklist POTENTIALLY ISSUE POTENTIALLY SIGNIFICANT LESS THAN NO SIGNIFICANT UNLESS SIGNIFICANT IMPACT IMPACT MITIGATION IMPACT INCORPORATED a. Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury or death involvin : i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based X 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 includin Ii uefaction? iv) Landslides? X b. Result in substantial soil erosion or X the loss of to soil? 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, Ii uefaction or calla se? d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), X creating substantial direct or indirect risk to life or ro ert ? 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 uni ue eolo ic feature? Generate greenhouse gas X emissions, either directl or 17 of 98 8 September 7, 2021, Item #5EIS and Checklist POTENTIALLY ISSUE POTENTIALLY SIGNIFICANT LESS THAN NO SIGNIFICANT UNLESS SIGNIFICANT IMPACT IMPACT MITIGATION IMPACT INCORPORATED indirectly, that may have a significant impact on the environment? b. Conflict with an applicable plan, policy or regulation adopted for the X 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 X routine transport, use, or disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonable foreseeable upset and X 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 X 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.Sand, as a X 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 X 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 X emergency response plan or emergency evacuation plan? g. Expose people or structures either X directly or indirectly, to a significant 18 of 98 9 September 7, 2021, Item #5EIS and Checklist POTENTIALLY ISSUE POTENTIALLY SIGNIFICANT LESS THAN NO SIGNIFICANT UNLESS SIGNIFICANT IMPACT IMPACT MITIGATION IMPACT INCORPORATED 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 X otherwise substantially degrade surface or qround water quality? b. Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the X 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, in a X manner which would result in substantial erosion or siltation on-or offsite? (i) result in substantial erosion or siltation on-or offsite? X (ii) substantially increase the rate or amount of surface runoff in a matter X which would result in flooding on-or offsite; (iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater X drainage systems or provide substantial additional sources of polluted runoff; or (iv) impede or redirect flood flows? X d. In flood hazard, tsunami, or seiche zones, risk release of X pollutants due to project inundation? 19 of 98 10 September 7, 2021, Item #5EIS and Checklist ISSUE e. Conflict with or obstruct implementation of a water quality control plan or sustainable • d t • t I ? • 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 20 of 98 POTENTIALLY POTENTIALLY SIGNIFICANT LESS THAN NO SIGNIFICANT UNLESS SIGNIFICANT IMPACT IMPACT MITIGATION IMPACT INCORPORATED X X X X X X X X 11 September 7, 2021, Item #5EIS and Checklist ISSUE 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 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. iii. Schools? iv. Parks? 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 ex ansion of recreational facilities 21 of 98 POTENTIALLY POTENTIALLY SIGNIFICANT LESS THAN NO SIGNIFICANT UNLESS SIGNIFICANT IMPACT IMPACT MITIGATION IMPACT INCORPORATED X X X X X X X X 12 September 7, 2021, Item #5EIS and Checklist POTENTIALLY ISSUE POTENTIALLY SIGNIFICANT LESS THAN NO SIGNIFICANT UNLESS SIGNIFICANT IMPACT IMPACT MITIGATION IMPACT INCORPORATED which might have an adverse • h I ff t th t? XVII. TRANSPORTATION Would the project: a. Conflict with program plan, ordinance or policy addressing the circulation X system, including transit, roadway, bicycle and pedestrian facilities? b. Would the project conflict or be inconsistent with CEQA Guidelines X section 15064.3, subdivision (b)? C. Substantially increase hazards due to a geometric design feature (e.g.: sharp curves or dangerous X intersections) or incompatible uses (e.Q.: farm equipment)? d. Result in inadequate emergency X 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 2107 4 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 X in Public Resources Code section 5020.1 (k), or ii. A resource determined by the lead agency, in its discretion and supported by substantial X evidence, to be significant pursuant to criteria set forth in 22 of 98 13 September 7, 2021, Item #5EIS and Checklist POTENTIALLY ISSUE POTENTIALLY SIGNIFICANT LESS THAN NO SIGNIFICANT UNLESS SIGNIFICANT IMPACT MITIGATION IMPACT IMPACT INCORPORATED 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, X natural gas, or telecommunications facilities, the construction or relocation of which could cause siQnificant environmental effects? 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 existinQ 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 Qoals? 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 23 of 98 14 September 7, 2021, Item #5EIS and Checklist ISSUE classified as very high fire hazard severity zones, would the project: a. Substantially impair an adopted emergency response plan or emergency evacuation plan? b. Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project 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, 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, as a result of runoff, post-fire slope instability, or drainage changes? 24 of 98 POTENTIALLY POTENTIALLY SIGNIFICANT SIGNIFICANT UNLESS IMPACT MITIGATION INCORPORATED 15 LESS THAN SIGNIFICANT IMPACT NO IMPACT X X X X September 7, 2021, Item #5EIS 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? 25 of 98 16 September 7, 2021, Item #5EIS 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 & c. Less Than Significant Impact. There is no landmark tree, view lake, historic structure, etc., in the existing setting of this business commercial area parking lot. The project is not located in a particularly scenic location. The potential for view impacts is based more on interruption of expansive, or panoramic views. Panoramic views or vistas provide visual access to a large geographic area, for which the field of view can be wide and extend into the distance. Panoramic views may include an urban skyline, valley, mountain range, etc. Helix Environmental Planning, Inc. prepared an aesthetic analysis (May 6, 2021) which included a viewshed analysis. The viewshed analysis indicates that the proposed monopole would be visible from 16 percent of the viewsh,ed. 26 of 98 The assessment of impacts in the aesthetic analysis is based on the level of change to viewers from the existing condition of the site to after construction of the proposed monopole. The level of changes was assessed from the most critical viewpoints from parks, trails, and nearby roadways as required by CEQA. The significance of the impact was then based on how dissimilar the proposed monopole would be to the existing visible features, and the magnitude of that visual impact. Items· considered included if the project is actually seen (and when), the level of dominance it plays in the overall view, elements of distance, angle of view, length of time it may be observed, and the relative size to its surrounding setting. The analysis determined that the project would not be visible from Bette Bendixen Minipark and the Poway Sportsplex due to topography. The proposed monopole cell tower would be visible from recreational ball fields on private property off Kirkham Road northeast of the project site. Although, the cell tower is linear in design and would not obstruct overall all views from this location. Views of the rolling hillsides and slopes south of the project site would remain visible. A portion of the cell tower would be visible from Stonebridge Neighborhood Park and the Sycamore Estates neighborhood which are located south of the project site in the City of San Diego. Stonebridge Neighborhood Park is at a slightly higher elevation providing a clear view to the proposed cell tower minus intervening structures and vegetation. Views from the park are obscured by playfield structures and mature landscaping along Stone bridge Parkway as shown in Figure 8 of the aesthetic analysis. While the cell tower would be visible, it would not present a substantial disruption to the distant background views of the mountains to the north and west because it is linear in design and the mountains would remain clearly visible. The cell tower would be visible on the horizon from the northern end of Cypress Canyon Park, which is located southwest of the project site in the City of San Diego. Looking to the east from the perimeter walking path, the cell tower would be visible above the existing cluster of buildings in the project's vicinity. Again, the cell tower is linear in design and would not comprise a significant portion of the overall view from the walking path. Views of the distant mountains would remain unobstructed as users of the path 17 September 7, 2021, Item #5EIS and Checklist 27 of 98 move in either direction, their visual focus changes. Therefore, views of the cell tower would be momentary and would not constitute a substantial change to the existing views from this location. The proposed cell tower would also be visible from portions of trails in the area such as the Beeler Creek Trail, southern portions of the Espola Trail, and the South-Poway (Trans-County) Trail, all of which are multi-purpose trails supporting pedestrians, bikers, and equestrians. The views that are available to the cell tower are limited and users of the trails are not stationary with their viewshed changing as they traverse the trails. Visual access to the existing scenic amenities would be essentially unchanged. The introduction of the linear designed structure would not substantially obstruct or degrade views through the project to hillsides and mountains that are accessible from the trails. Views from roadways would be generally limited in duration to moving nature of drivers, passengers, and bicyclists. The viewer would be expected to approach and pass areas of visibility, or have views blocked by turning roadway alignments and intervening uses. Although drivers would be expected to notice changes of the site due to construction of the proposed monopole, their primary focus on driving coupled with the relatively short duration of view exposure to the project site minimizes visual impacts from the project. The project proposal includes the addition of five new pine trees to be planted in existing landscape planter along the northern property line adjacent to Kirkham Way. These trees will help in blend the proposed monopole with natural elements in the area reducing the visual impact. The monopole design was preferred because of a San Diego Gas and Electric (SDGE) transmission corridor approximately 500 feet west of the site consisting of 75 to 80 feet-tall tubular steel poles that support overhead transmission lines. The towers are situated 350 feet apart along a four-mile segment that connect the Pomerado substation to the north to the Sycamore Canyon substation to the south. The monopole design integrates with the SDGE transmission poles and industrial park setting. The project site is located in an urban area that is zoned Planned Community 7 (PC-7) -South Poway Business Park with a land use designation where wireless communication facilities are permitted as a conditional use. The maximum height for a structure in the PC-7 zone is 45 feet. The proposed 85'6" tall cell tower does not comply with current zoning regulations. However, a Specific Plan Amendment is proposed in conjunction with the Conditional Use Permit for the wireless communication facility (WCF) that would allow WCFs to have a maximum height of 90 feet. If the Specific Plan Amendment is approved, the proposed cell tower would be consistent with zoning regulations. The City of Poway General Plan Resources Element Goal IV and corresponding strategies state that it is the goal of the City to reserve its scenic resources through the preservation of scenic areas, prominent vistas, and open space. The project site is developed as a paved parking lot with ornamental trees and security lighting in an area developed with industrial buildings and business park land uses. Therefore, the project is consistent with the goals of the General Plan by not disturbing any scenic resources. b. No Impact. The proposed cell tower is located within an existing developed lot that is void of scenic resources. The existing trees onsite are ornamental and do not constitute 18 September 7, 2021, Item #5EIS and Checklist a scenic resource. Additionally, there are no rock outcroppings or historic resources onsite and Kirkham Road is not considered a state scenic highway. Therefore, the project would not substantially damage scenic resources. d. Less Than Significant Impact. The proposed project includes the removal of an existing light standard and the luminaries and light arm will be replaced on the cell tower. Light emanating from these sources would be directed downward for security and would be consistent with the lighting standards of the South Poway Specific Plan and Chapters 17.10 and 17.42 of the Poway Municipal Code. The cell tower is designed to be less obtrusive and not use reflective materials. Antenna sock overs would be installed around all antennas and the monopole trunk is designed to simulate heavy bark. Additionally, all branches will extend a minimum of two feet beyond the antennas, further shielding metal materials. Therefore, the project would not provide a new source of substantial light or glare. II. AGRICULTURAL AND FORESTRY_RESOURCES: a-e. No Impact. There will be no impacts to agricultural resources since the site is not designated, nor has it been historically or currently used for farmland. The subject site is zoned PC-7 and is not subject to a Williamson Act contract. The project site does not contain, and is not zoned for, forest land, timberland or timberland zoned Timberland Production. The project would not result in other changes to the environment that would result in the conversion of farmland to non-agricultural uses. Ill. AIR QUALITY: 28 of 98 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. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG). The RAQS outlines the APCD's plans and regulatory control measures designed to attain state air quality standards for ozone. The RAQS was initially adopted in 1992 with the most recent update occurring in 2016. Land use plans and build out projections of the General Plans of 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 development of a wireless communication facility will not have a significant adverse long-term impact on air quality in the area. Therefore, the project will not violate any air quality standards and no impact would occur. b. No Impact. See Ill.a above. 19 September 7, 2021, Item #5EIS and Checklist c. Less Than Significant Impact. Construction of the project would include excavating dirt for the footing of the monopole structure which may result in the creation of dust. 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. Less than significant would occur. d. No Impact. The project will not result in the creation of objectionable odor. No impact would occur. IV. BIOLOGICAL RESOURCES: a-d, f. No Impact. The proposed wireless communication facility would be located in an existing landscape planter on a developed lot. There is no potential for any biological impacts to occur. e. No Impact. Any trees removed in association with the construction of the project would require replacement pursuant to Chapter 12.32 of the Poway Municipal Code (Urban Forestry. No impact would occur. V. CULTURAL RESOURCES: a. No Impact. The subject site is a developed lot primarily consisting of a parking lot with a small structure that does not contain any historical resources. No impact would occur. b & c. Less Than Significant Impact. The Viejas Tribal Government responded to a formal project notification to native tribes with influence in the Poway area and determined that the project site has cultural significance to the Viejas Band of the Kumeyaay Indians. It was requested that a Kumeyaay cultural monitor be on site for ground disturbing activities to inform them of any "new developments such as inadvertent discovery of cultural artifacts, cremation sites, or human remains." The project site is previously developed. While there has been no evidence presented during Tribal Consultation to indicate that there is a reasonable possibility of a significant impact, the Conditional Use Permit will include a condition that a Kumeyaay cultural monitor shall be on site during ground disturbing activities. Therefore, there will be a less than significant impact. VI. ENERGY 29 of 98 a. Less Than Significant Impact. 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. Since the project site is already served by onsite electrical infrastructure, adequate electrical infrastructure capacity is available to accommodate the electricity demand during construction. Operation of the cell tower and associated equipment would result in an increase in electricity demands. However, there is sufficient electricity infrastructure in the region for the increase in electricity demand and the project would not require expanded electricity 20 September 7, 2021, Item #5EIS and Checklist supplies. Therefore, impacts from energy use during short-term construction activities and operation would be less than significant. b. No Impact. The project would not conflict with any state or local plans for renewable energy or energy efficiency. The project would be required to comply with all state and local building codes for construction of the project. No impact would occur. VII. GEOLOGY AND SOILS: 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 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. The proposed cell tower will be required to be designed and constructed to meet the California Building Code. No impact would occur. a.iii. No Impact. The project is not located in an area that has potential for liquefaction. No impacts 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. There will be minimal ground disturbance to accommodate the proposed wireless communication facility. Standard erosion control measures will be implemented and will not result in the substantial soil erosion or the loss of topsoil. No impact would occur. 30 of 98 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 monopole 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. 21 September 7, 2021, Item #5EIS and Checklist 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 proposed WCF is does not include any septic tanks or wastewater disposal systems as this project is unmanned and will not require workers to be onsite except for monthly maintenance visits. Therefore, no impact will occur. f. No Impact. Pursuant to the South Poway Planned Community Development Plan Final EIR adopted in July 1985, the geologic formations in the area are not conducive to fossil formation. Within the Pomerado Conglomerate and the Stadium Conglomerate, the large cobbles present during deposition tend to break up or crush and fossils which may have been present. Friars formation is not known to be a rich source of fossiliferous materials. Generally, the site is not considered a significant source of paleontological resources. VIII. GREENHOUSE GAS EMISSIONS: a & b. Less Than Significant Impact. Temporary impacts related to green house gas emissions may occur during construction of the project construction worker vehicle trips and from construction vehicles operating at the site. However, negligible or no greenhouse gas emissions would be generated during the ongoing operation of the WCF because it is an unmanned facility. The unmanned WCF will not generate and vehicle trips to the site except for a maintenance vehicle visiting the site once a month. Therefore, a less than significant impact will occur. IX. HAZARDS AND HAZARDOUS MATERIALS: a. No Impact. Construction activities associated with the development of the proposed project would involve the use of potentially hazardous materials, vehicle fuels, oils, and transmission fluids. However, all potentially hazardous materials would be contained, stored, and used in accordance with manufacturers' instructions and handled in compliance with applicable standards and regulations. Implementation of the proposed project would result in the development of a wireless communications facility. It is not anticipated that large quantities of hazardous materials would be permanently stored or used within the project site. Similarly, the project would not emit hazardous emissions or handle hazardous materials. Small quantities of publicly available hazardous materials (e.g., paint, maintenance supplies) may be routinely used within the project site for maintenance and cleaning. However, these materials would not be used in sufficient strength or quantity to create a substantial risk to human or environmental health. Therefore, implementation of the proposed project would not create a permanent significant hazard to the public or environment through the routine transport, use, or disposal of hazardous materials. No impact would occur. b. No Impact. As the project does not propose heavy use of hazardous materials, it will not 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. No impact would occur. 31 of 98 22 September 7, 2021, Item #5EIS and Checklist c. No Impact. As the project does not propose the heavy use of hazardous materials, it will not emit hazardous emissions or acutely hazardous materials into the environment. No impact would occur. d. No Impact. The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5, as such would not create a significant hazard to the public or environment. No impact would occur. e. No Impact. The project site is not located within an airport land use plan or within two miles of a public airport. The closest airports to the project site are Marine Corps Air Station Miramar, located approximately 6.5 miles southwest of the project site and Gillespie Field, located approximately 10 miles southeast of the project site. Thus, the project would not result in a safety hazard for people residing or working in the project area and no impact would occur. No impact would occur. f. No Impact. The project would not impair or physically interfere with an adopted emergency response or evacuation plan. The project would not interfere with people's ability to utilize roadways for evacuation purposes and, on a more local level, emergency vehicle lanes within the project parking lot would be kept free of vehicles and storage materials in compliance with City ordinances. Accordingly, no impact would occur. g. Less than Significant Impact. According to the Very High Fire Hazard Severity Zones (VHFHSZ) map for Poway (CAL FIRE 2009), the project site is located within the VHFHSZ. The proposed monopole would be required to comply with construction standards for development within the VHFHSZ established by the California Building Code and related City of Poway amendments. Accordingly, the exposure to people or structures either directly or indirectly would have less than significant impact on the risk of loss, injury or death involving wildland fires. X. HYDROLOGY AND WATER QUALITY: 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 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 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. No impact would occur. c (i-iv). No Impact. The project involves the construction of a WCF with new landscaping that will be located in an existing landscape planters and will not alter the existing drainage pattern of the site. The WCF would not create or contribute to additional runoff water as the existing landscape planters have been designed to handle irrigation for landscaping. No impact would occur. 32 of 98 23 September 7, 2021, Item #5EIS and Checklist 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 involves the development of a WCF on a lot that has been previously developed and is currently being used as a vehicle storage lot. The property to the south of the subject site is designated at open space. The project does not have the potential to physically divide an established community. No impact would occur. b. No Impact. The project site is located in an area that is zoned Planned Community 7 (PC-7) -South Poway Business Park with a Light Industrial/Outdoor Storage land use designation where wireless communication facilities are permitted as a conditional use. The maximum height for a freestanding wireless tower in the PC-7 zone is 45 feet. The proposed 85'6" tall cell tower does not comply with current zoning regulations. However, the existing height standard was not adopted to mitigate an environmental impact. A Specific Plan Amendment is proposed in conjunction with the Conditional Use Permit for the wireless communication facility (WCF) that would allow WCFs to have a maximum height of 90 feet. If the Specific Plan Amendment is approved, the proposed cell tower would be consistent with zoning regulations. No impact would occur. XII. MINERAL RESOURCES: 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. Additionally, the site has been previously developed and the proposed WCF is located in an existing landscape planter. No impacts would occur. XIII. NOISE: 33 of 98 a. Less Than Significant Impact. The project is the construction of a WCF and the installation of ornamental landscaping. The project will result in temporary noise increases that are associated with periodic generator testing or use of a generator in the event of a power outage. Noise from standard operation of the WCF is minimal and will be less than significant. b. Less Than Significant Impact. The project construction activities will result in temporary or periodic increases in the generation of excessive ground borne vibration or ground borne noise levels typically related to construction. Per City standards, the noise generating construction activities are limited to certain times of the day and days of the week. A less than significant impact could occur. c. No Impact. The project site is not located within the vicinity of a private airstrip or an airport land use plan, or within two miles of a public airport. The closest airports to the project site are Marine Corps Air Station Miramar, located approximately 6.5 miles southwest of the project site and Gillespie Field, located approximately 10 miles southeast of the project site. Thus, the project would not expose people residing or 24 September 7, 2021, Item #5EIS and Checklist working in the project area to excessive noise levels no impact would occur. No impact would occur. XIV. POPULATION AND HOUSING: a & b. No Impact. The proposed WCF is located on a previously developed lot and does not consist of any residential uses. Residential uses are not permitted in the Light Industrial/Outside Storage land use designation for the subject property. The project will not induce growth indirectly as there is existing infrastructure within the project vicinity. Additionally, no people or housing will be displaced as the project will be constructed within an existing landscape planter. Therefore, no impact would occur. XV. PUBLIC SERVICES: a.i. Fire Protection -No Impact. The project site is served by the City of Poway Fire Department. The site is already included within the Fire Department service area. Any specific service provided should there be an (unexpected) emergency call to this project is accounted for. No new or upgraded fire protection facilities would be required as a result of establishment of this project and no physical impacts resulting from construction of new facilities are identified. A 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 should there 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 are identified. A less than significant impact would occur. a.iii. Schools -No Impact. The proposed WCF will not generate the need for additional school facilities as no new residents would be associated with the project. No impact would occur. a.iv. Parks -No Impact. The proposed WCF will not generate the need for additional park space as no new residents would be associated with the project. No impact would occur. a.v. Other Public Facilities -No Impact. The project would not result in an increase in the need for use of public facilities or service or necessitate any physical alterations to public facilities. Additional landscaping associated with the project would be irrigated from an existing recycled water system. No impact would occur. XVI. RECREATION: a & b. No Impact. The project involves the construction of a wireless communication facility with no recreation facilities proposed. This would not result in an increase in use of neighborhood and regional parks or other recreational facilities. No impact would occur. XVII. TRANSPORTATION: 34 of 98 a. No Impact. The project will not conflict with a program plan, ordinance or policy addressing the circulation system, including roadway, bicycle and pedestrian facilities. When operational, the proposed WCF will not require any employees to be onsite except 25 September 7, 2021, Item #5EIS and Checklist for a monthly maintenance visit. Therefore, the project will result in a minimal increase in traffic. No impact would occur. b. No Impact. The proposed WCF will not require any employees to be onsite except for a monthly maintenance visit. It will not be in conflict or inconsistent with the California Environmental Quality Act Guidelines Section 15064.3, subdivision (b). No impact would occur. c. No Impact. The proposed WCF will not increase and hazards due to a geometric design feature as there are no proposed roads or right-of-way improvements associated with the project. Additionally, the cellular tower is setback over 97 feet from the adjacent roadway (Kirkham Way) and will not obstruct the line of site for motorists. No impact will occur. d. No Impact. The proposed WCF will be located in an existing landscape planter on a previously developed site and will not affect emergency access to the site. No impact would occur. XVIII. TRIBAL CULTURAL RESOURCES: 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 Poway. No impact would occur. a.ii. Less than Significant. See V.b and V.c. The City of Poway sent a formal Tribal Notification to the Native American contact list that was provided by the Native American Heritage Commission on August 16, 2019 in accordance with Public Resources Code Section 21080.3.1 (b). The Viejas Band of Kumeyaay Indians (Viejas Band) requested consultation on the project and the Viejas Band requested to have an tribal monitor onsite during ground disturbing activities which will be included a condition of approval for the project . Therefore, a less than significant impact would occur. XIX. UTILITIES AND SERVICE SYSTEMS: a -e. No Impact. The project involves the construction of a WCF that will not require employees to be onsite except for a monthly maintenance visit which will not require the use of water, produce waste wastewater, or solid waste. Further, the landscaping that will be installed will utilize recycled water from an existing irrigation system on the previously developed property. No impact will occur. XX. WILDFIRE: 35 of 98 a. No Impact. See Section XV.a.i. (Public Services -Fire Protection). b. No Impact. The proposed WCF will not require any employees to be onsite except for a monthly maintenance visit and therefore will not expose any occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire. No impact will occur. 26 September 7, 2021, Item #5EIS and Checklist c. No Impact. The proposed WCF would not require the installation or maintenance of infrastructure that may exacerbate fire risk or result in temporary or ongoing impacts to the environment. No impact will occur. d. No Impact. The proposed WCF is located such that it would not be exposed to downslope or downstream flooding or landslides. The project site is located in an area that is not prone to flooding. Additionally, the project will not be altering drainage patterns on the site because it will be built within an existing landscape planter with no grade changes proposed. No impact will occur. XXI. MANDATORY FINDING OF SIGNIFICANCE: 36 of 98 a. No Impact. The proposed WCF will be located in an existing landscape planter on a previously developed lot and 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 major periods of California history or prehistory. b. Less Than Significant. The proposed WCF does not have cumulatively considerable impacts as the nearest structure that is over the maximum allowable height are two utility transmission poles that are approximately 568 feet and 628 away from the proposed cellular tower. There are no cellular towers proposed currently and no additional towers are expected to be proposed within the area because the subject WCF will allow for up to two additional wireless carriers to co-locate onto the cellular tower. The proposed Specific Plan Amendment would allow for additional freestanding cellular towers to be up 90-feet tall. Each proposed cellular tower in the future would require approval of a Conditional Use Permit to be approved by the City Council and environmental impacts of each tower would be analyzed by City staff and the City Council with the opportunity for review and comment by the public. c. No Impact. Sections I through XX of this Initial Study provide an analysis of potential environmental impacts of the Project, including adverse effect on human beings. The proposed Project would construct an unmanned wireless cell tower on private land owned by the City of Poway through a lease agreement. It was primarily determined that there would be no impacts and any impacts that would occur would be temporary during construction. 27 September 7, 2021, Item #5RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT (CUP) 19-002 ALLOWING FOR THE CONSTRUCTION OF A WIRELESS COMMUNICATION FACILITY CONSISTING OF AN 85.5-FOOT-HIGH STEEL MONOPOLE AND EQUIPMENT CABINET ON A 5.37-ACRE LOT AT 13875 KIRKHAM WAY; ASSESSOR'S PARCEL NUMBER 323-501-02 WHEREAS, Conditional Use Permit (CUP) 19-002 submitted by PlanCom Inc. (Applicant), on behalf of T-Mobile, requests to construct and operate a wireless communication facility (WCF) consisting of an 85.5-foot high steel monopole and equipment cabinet on a 5.37-acre parcel located at 13875 Kirkham Way in the Light Industrial -Storage (LI-S) land use district of the SPSP; WHEREAS, on September 7, 2021, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application; WHEREAS, the City Council has read and considered the agenda report for the proposed project, including attachments, and has considered other evidence presented at the public hearing; and WHEREAS, the Poway Municipal Code (PMC) establishes findings required for granting a CUP; 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. A study was submitted relating to visual impacts. 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 for public review and comment was provided pursuant to the requirements of CEQA. SECTION 2: The City Council finds that CUP 19-002 is consistent with the SPSP, including the LI-S land use designation and the amendment approved with SPA 19-002. SECTION 3: The findings for CUP 19-002, in accordance with Section 17.48.070 of the PMC (findings required before granting or altering permit), are made as follows: A. The proposed location, size, design, and operating characteristics of the proposed WCF are in accordance with the title and purpose of PMC Chapter 17.48 (CUP Regulations), the General Plan, and the development policies and standards of the City, including, but not limited to, the City Wireless Communications Policy in that the proposed WCF will be located on a property designated for industrial uses and the monopole will have similar materials and height as the San Diego Gas and Electric transmission pole towers located approximately 730 feet west of the project site. No significant visual impacts to the community are anticipated. 37 of 98 ATTACHMENT B September 7, 2021, Item #5Resolution No. 21-Page 2 B. The location, size, design, and operating characteristics of the proposed WCF will be compatible with, and will not adversely affect or be materially detrimental to, adjacent uses, residents, buildings, structures, or natural resources in that the proposed WCF will be located in an existing landscape planter on a previously developed property that is used for vehicle inventory storage with surrounding industrial uses to the west, north, and east, and open space to the south. The use will comply with Federal Communications Commission (FCC) design and operational standards. C. The WCF is in harmony with the scale, bulk, coverage, and density of, and is consistent with, adjacent uses in that the WCF will be located on a previously developed property and the monopole will have similar materials and height as the San Diego Gas and Electric transmission pole towers located approximately 730 feet west of the project site. D. There are adequate public facilities, services, and utilities available at the subject site to serve the proposed WCF. E. There will not be a harmful effect upon the desirable neighborhood characteristics in that the proposed WCF will be located in an existing landscape planter on a previously developed property that is used for vehicle inventory storage with surrounding industrial uses to the west, north, and east, and open space to the south and the WCF will comply with FCC design and operational standards. 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 proposed WCF is unmanned and will only require periodic maintenance, thereby generating minimal traffic. G. The site is suitable for the type and intensity of use or development in that the proposed WCF will be located on a previously developed 5.37-acre lot, meets all development standards for the LI-S land use district, and the facility will enhance telecommunications coverage in the City with no significant visual impacts. H. There will not be significant harmful effects upon environmental quality and natural resources in that the proposed WCF will be located in an area developed with light industrial and business park uses, would not adversely affect a scenic vista, damage scenic resources (including those within state scenic highways), significantly conflict with regulations governing scenic quality relative to their visual effect or create a new substantial source of light and glare, and does not involve the removal of natural habitat resources. I. There are no relevant negative impacts associated with the proposed WCF that cannot be mitigated in that the facility will comply with FCC design and operational standards. J. That the potential impacts, and the proposed location, size, design, and operating characteristics of the WCF 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 in that the WCF will be located in an existing landscape planter on a previously developed property that is used for vehicle inventory storage with surrounding industrial uses to the west, north, and east, and open space to the south, and will comply with FCC design and operational standards. 38 of 98 September 7, 2021, Item #5Resolution No. 21-Page 3 K. The proposed WCF will comply with all the applicable provisions of PMC Title 17 (Zoning Ordinance), in that the facility is a conditionally permitted use and has been designed and sited such that it will not result in significant visual impacts, and will comply with FCC design and operational standards. SECTION 4: The City Council hereby approves CUP 19-002, only upon the above refenced "effective date," allowing a WCF consisting of an 85.5-foot-high steel monopole and equipment cabinet at 13875 Kirkham Way in the LI-S land use district of the SPSP, as shown on the approved plans incorporated herein by reference and stamped as "Exhibit A" and dated September 7, 2021 on file in the Development Services Department, except as noted herein, 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 attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. 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. B. Approval of this CUP request shall apply only to the subject project and shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at the time of Building Permit issuance. This CUP approval shall be in substantial conformance with the approved plans stamped as "Exhibit A." . C. Within 30 days of the date of this approval, and before the issuance of any permit: (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant Regarding Real Property. In order for the City to prepare the Covenant the applicant must first submit a legal description of the subject site. D. The use conditionally granted by this approval shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding uses. E. The conditions of CUP 19-002 shall remain in effect for the life of the subject use and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. F. The CUP may be subject to annual review, as determined by the Director of Development Services, for compliance with the conditions of approval and to address unresolved operational concerns that may have been raised during the prior year. G. Prior to start of any work within the public right-of-way or City easement, 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. 39 of 98 September 7, 2021, Item #5Resolution No. 21-Page 4 H. The applicant shall obtain a Building Permit prior to work commencing. Prior to issuance of a Building Permit, the applicant shall comply with the following: 1. The applicant shall comply with the latest adopted building and electric codes, and all other applicable codes and ordinances in effect at the time of Building Permit issuance. 2. The site shall be developed in substantial accordance with the approved plans stamped as "Exhibit A" on file in the Development Services Department and the conditions contained herein. A final inspection from the appropriate City departments will be required. 3. A $3,000 deposit shall be submitted to the Development Services Department to ensure completion and submittal of the required Confirming Radio Frequency (RF) Report, as specified in condition of approval J.1 below. The deposit shall also be used to cover the cost of an independent consultant to review the report, as determined by the Director of Development Services. 4. The antennas shall not be activated for use until the Building Division conducts a final inspection of the proposed structures and finals the permit. 5. The Building Permit plans shall include a utility plan that shows the equipment layout. 6. An access easement will be required to be recorded prior to building permit. 7. Erosion control shall be installed and maintained by the developer from October 1 to April 30 annually. The developer shall maintain all erosion control devices throughout their intended life. 8. A minimum cash security for erosion control is required. 9. The applicant shall pay the storm water pollution inspection fee according to the latest adopted master fee schedule. 10. Landscape and irrigation on-site 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, Chapter 17.41 PMC, 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. 11. Plans for irrigation alterations must be approved by the Department of Environmental Health (DEH), the City's consulting landscape architect, and City Cross-Connection Specialist. Irrigation installation must be inspected by the City's consulting landscape architect and City Cross-Connection Specialist. The existing irrigation system must be high-lined from a construction meter with backflow device until a successful cross-connection test is complete. A DEH inspector may be required to witness cross-40 of 98 September 7, 2021, Item #5Resolution No. 21-Page 5 connection test. If so, an inspector must be scheduled in advance. There will be fees from DEH for plan inspection and test observation. 12. A Kumeyaay Cultural Monitor shall be on site during any ground disturbing activities. If any cultural artifacts, cremations sites, or human remains are inadvertently discovered, the Viejas Band of Kumeyaay Indians shall be informed. I. Prior to activation of the antennas, the applicant shall comply with the following: 1. The site shall be developed in substantial accordance with the approved plans on file in the Development Services Department stamped as "Exhibit A" and the conditions contained herein. A final inspection from appropriate City departments will be required. 2. 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. J. Upon establishment of the modified WCF, pursuant to CUP19-002, the following shall apply: 1. Within 30 days of the commencement of operation of the antennas, the operator shall submit a report, prepared by a qualified professional, which specifies the actual RF levels within 500 feet of the facility and includes a statement as to compliance with the FCC Maximum Possible Exposure (MPE) limit. The format of this report shall conform to City requirements. The intent of the report is to measure exposure levels at the location after the facility is in operation and shall include the cumulative RF levels of all the telecommunications facilities at the subject site. A report of these measurements, and the engineer's findings with respect to compliance with MPE limits, shall be submitted to the Director of Development Services. If that analysis determines the MPE levels are exceeded, the operator shall cease operation immediately. Modifications shall be made to the facility and the operator shall conduct a second confirming RF report of the MPE levels. Full operation of the WCF shall not be allowed until the Director of Development Services has determined that the facility is in compliance with Federal guidelines. The City may conduct an independent verification of the results of the analysis provided by the operator, at the operator's cost. Upon demonstration, to the satisfaction of the Development Services Department, that the telecommunications installation is in compliance with all Federal Guidelines, any balance remaining from the security deposit shall be refunded to the applicant, upon written request by the applicant. 2. All facilities and related equipment shall be maintained in good repair. Any damage from any cause including wear and tear shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. 3. The facility shall be operated in such a manner as to minimize any possible disruption caused by noise. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 10:00 p.m. and 7:00 a.m. on weekday nights. At no time shall equipment noise from 41 of 98 September 7, 2021, Item #5any source exceed the noise standards contained in the PMC. Resolution No. 21-Page 6 4. The owner or operator of the WCF shall routinely and regularly inspect the site to ensure compliance with the standards set forth in this permit. 5. The operator of the WCF shall be strictly liable for interference caused by the WCF with City telecommunications systems or other public agency emergency communication systems. The operator shall stop operations and determine the cause prior to restarting the facility. The operator shall be responsible for all labor and equipment costs for determining the source of the interference, all costs associated with eliminating the interference (including, but not limited to, filtering, installing cavities, installing directional antennas, powering down systems, and engineering analysis), and all costs arising from third-party claims against the City attributable to the interference. 6. The WCF shall not be operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. To that end, no facility or combination of facilities shall produce, at any time, power densities within 500 feet of the WCF that exceed the FCC's MPE limits for electric and magnetic field strength and power densities for transmitters, or any more restrictive standard subsequently adopted or promulgated by the City, County, State of California, or the Federal government. 7. If there is any change in the operating characteristics of the WCF, a report pursuant to Condition J.1 of this Resolution shall be submitted to the Director of Development Services for review and approval. The Director may also require the operator to prepare an updated RF report, and pay for a third-party review of that report, as part of any review of this CUP. 8. Any service light(s) shall only be operated when maintenance is being performed on the equipment. The service light(s) shall be adequately shielded and directed away from adjacent roadways. 9. The owner of the WCF shall remove all of the communication equipment, and associated structures, approved pursuant to this permit within 60 days of ceasing operation of the telecommunications facility. 10. The light standard installed on the monopole shall be in operation during the hours specified by the Community Services Director. The light standard shall be well-maintained at all times. Any damages that may occur to the light standard during maintenance of the WCF shall be the responsibility of the operator of the WCF. 11. The operator of the WCF shall be responsible for maintenance of any landscaping proposed and approved as part of this CUP. 12. The steel monopole shall maintain the capacity to accommodate a minimum of three wireless providers (carrier antenna arrays). 13. This CUP shall not become effective until the effective date of Specific Plan Amendment (SPA) 19-002. 42 of 98 September 7, 2021, Item #5Resolution No. 21-Page 7 SECTION 4: The approval of CUP19-002 shall expire on September 21, 2023, at 5:00 p.m., unless prior to that time, a Building Permit has been issued and construction on the property in reliance on the CUP approval has commenced. SECTION 5: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 7th day of September, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, City Clerk 43 of 98 September 7, 2021, Item #5ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT 19-002 TO THE SOUTH POWAY SPECIFIC PLAN TO ALLOW WIRELESS COMMUNICATION FACILITIES TO HAVE A MAXIMUM HEIGHT OF 90 FEET AS A CONDITIONALL YPERMITTED USE 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) 19-002, is a proposal to allow wireless communication facilities (WCF) to have a maximum height of 90 feet as a conditional use. It is proposed in association with Conditional Use Permit (CUP) 19-002, which consists of a proposal to allow a WCF consisting of an 85.5-foot-high steel monopole and equipment cabinet on a 5.37-acre lot at 13875 Kirkham Way; WHEREAS, on September 7, 2021, the City Council held a duly advertised public hearing to solicit comments from the public, both in favor and against, relative to this application; 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) and a proposed Negative Declaration (ND) have been prepared for SPA 19-002. A study was submitted related to visual impacts. 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. Any anticipated impacts were determined to be below a level of significance and, therefore, do not require any mitigation. 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 19-002), in association with CUP 19-002, and amends certain sections of the SPSP as specified below. Removals are indicated with strikethroughs and additions are indicated with underline. 44 of 98 ATTACHMENT C September 7, 2021, Item #5Ordinance No. *** Page 2 SECTION 4: Chapter 4, Section IV, Subsection A, Item 3 (g) of the SPSP Volume 2 shall be added as follows: 3. Height [Excerpt only] g. The maximum height of a monopole or other freestanding wireless communications facility shall not exceed 90 feet. Monopoles shall only be considered when structures such as buildings, streetlights, and public water tanks are unsuitable. A site justification letter shall be submitted to justify the need or requirement for the proposed monopole location and design. The applicant shall use all reasonable means to conceal or minimize the visual impacts of the monopole. The monopole shall be architecturally integrated with existing structures and/or screened from view as much as practical. Telecommunication facilities shall avoid scenic areas, prominent vistas, open space areas, mountains. hillsides and prominent ridgelines to the largest extent feasible. Collocation shall be encouraged to the largest extent feasible. SECTION 5: Chapter 4, Section IV, Subsection B, Item 3 (f) of the SPSP Volume 2 shall be amended as follows: 3. Height [Excerpt only] g. The maximum height of a monopole or other freestanding wireless communications facility shall not exceed 90 feet. Monopoles shall only be considered when structures such as buildings, streetlights. and public water tanks are unsuitable. A site justification letter shall be submitted to justify the need or requirement for the proposed monopole location and design. The applicant shall use all reasonable means to conceal or minimize the visual impacts of the monopole. The monopole shall be architecturally integrated with existing structures and/or screened from view as much as practical. Telecommunication facilities shall avoid scenic areas. prominent vistas. open space areas. mountains. hillsides and prominent ridgelines to the largest extent feasible. Collocation shall be encouraged to the largest extent feasible. SECTION 6: 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 7: This Ordinance shall be codified. SECTION 8: 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 45 of 98 September 7, 2021, Item #5Ordinance No. *** Page 3 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 7th day of September, 2021, and thereafter PASSED AND ADOPTED at a Regular Meeting of said City Council held the 21st day of September, 2021, by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, City Clerk 46 of 98 September 7, 2021, Item #50 155 310 ----47 of 98 620 Feet □Do Subject Location: 13875 Kirkham Way CITYOF POWAY Zoning I Location Map Item: SPA19-002/CUP19-002 ATTACHMENT D September 7, 2021, Item #5Proposed monoeucalyptus ----Proposed equipment enclosure 48 of 98 ATTACHMENT E September 7, 2021, Item #5Proposed lattice tower-~--Proposed equipment enclosure 49 of 98 September 7, 2021, Item #5Proposed monopole -----Proposed equipment enclosure 50 of 98 September 7, 2021, Item #5u, ....i. 0 -+t U) 00 E,; O:J1 .li l!J / I These simulations are intended for graph to be part of or to replace the information provi 5/10/2019 Proposed mono pine----- Proposed equipment enclosure r~!~~~~:1 SO07954 13875 Kirkham Way Poway, CA 92064 San Diego County i -~!J!'_!Jr; ... ..,-!!1!!!11!!!1!'!!!""""~~ PHOENIX TOWER Photosimulation of proposed telecommunications site September 7, 2021, Item #55 Policy & Procedure ls/James L. Bowersox City Wireless Communications Policy 1. PURPOSE The purpose of this policy is to provide a uniform and comprehensive set of guidelines for the development and installation of wireless communication and related facilities in accordance with the City of Poway land use regulations. These guidelines are intended to .set forth clear and reasonable criteria to assess and process an application in a consistent and expeditious manner, while protecting the community's visual quality. This policy identifies preferred design standards and locations for such facilities in order to minimize visual impacts to the surrounding community and preserving land uses within the City. At the same time these guidelines allow for the orderly and efficient development of wireless networks consistent with the rules and regulations promulgated by the Federal Communications Commission (FCC) pursuant to the Telecommunication Act of 1996 (TCA). 2. APPLICATION This policy contains development guidelines that the City applies to all applications for Wireless Communications Facilities within the City of Poway, including new proposals and amendments to existing Wireless Communication Facilities in all zones, overlays, specific plan areas, and City-owned properties, including public rights-of-way. These guidelines ensure minimal land use impacts on the surrounding community by encouraging preferred locations, providing design guidelines, and monitoring health and safety issues within the limits of the TCA. 3. POLICY 52 of 98 A. General The City is the regulatory agency responsible for issuing permits for the development of Wireless Communications Facilities in the City of Poway. For projects on private property, the City acts only in its Tegulatory role; for City-owned property, the City has dual roles as property owner and government regulator. The City's Development Services Department is responsible for design review, regulatory compliance, zoning administration, and permit processing of applications for Wireless Communications Facilities. In addition, for Wireless Facilities proposed on City-owned properties, the Administrative Services Department is responsible for the negotiation and administration of leases. ATTACHMENT F September 7, 2021, Item #5Wireless Communication Facilities Policy September 2004 Page 2 of 5 53 of 98 B. Permits Required Depending on the zoning of the property and the type of facility proposed, Title 17 of the Poway Municipal Code requires the approval of either a Conditional Use Permit or Minor Development Review Permit. In addition, a Building Permit is required. C. Facility Location 1. The preferred location for Wireless Communications Facilities shall be on structures such as buildings, streetlights and public water tanks. Collocation of facilities for different carriers is encouraged. 2. Location on properties with residential uses is discouraged. 3. If not located in a preferred area or with a preferred design, a site justification letter shall be submitted to justify the need or requirement for the proposed antenna location and design. The letter shall include other sites that were analyzed but not selected with an explanation as to why the analyzed sites did not meet the objectives (include engineering, coverage and location justification) and why the collocation of the facility with others in the area cannot be accomplished. D. Design Guidelines 1. The applicant shall use all reasonable means to conceal or minimize the visual impacts of the facilities. The facilities shall be architecturally integrated with existing structures and/or screened from view. 2. The use of false trees is discouraged. 3. The facilities shall be the smallest, least visually intrusive antennas, components and other necessary equipment. 4. Vertical elements, designed as flagpoles or light standards, shall replicate the design, diameter and proportion of the vertical element they are intended to imitate. 5. All equipment associated with a wireless facility located within the public right of way shall be undergrounded, except for small service connection boxes, unless the Director of Development Services determines that no other feasible alternative for the wireless facility design or location exists and that the equipment is properly screened from view. 6. Antennas shall be painted to match the color of the surface to which they are attached. September 7, 2021, Item #5Wireless Communication Facilities Policy September 2004 Page 3 of 5 54 of 98 7. The height limit of the antenna and supporting structure shall not exceed the maximum allowed height for building and structures of the underlying zone. When attached to a structure or building, the combined height of the support structure and the antenna shall not exceed the maximum allowed height for building and structures of the underlying zone. Antennas mounted on the top of a structure or building shall be architecturally integrated or screened from view such that no more than 2 feet of the antenna is visible above the screen. Antennas architecturally integrated into structures or buildings that exceed 3 5 feet in height, are allowed provided the height of the existing structure or building is not increased. Antennas attached to a street light pole shall not exceed the height of other street lights within the area. 8. Antennas mounted on sports field lights, security light poles, parking lot light poles or streetlights shall be mounted below the light source. All antennas on flagpoles shall be concealed within the pole. E. Pre-development Conferences and Neighborhood Meetings 1. Any request for a "fabricated" telecommunication facility such as a separate tower, fake water tanks, fake trees, light poles etc. must be scheduled for a pre-development conference with the City Council prior to the submittal of an application to the City. 2. Any request proposed within or in close proximity to a residential neighborhood shall conduct a Neighborhood Meeting as early in the process as feasible. F. Standard Conditions for facilities on City-owned property In additipn to project-specific conditions, the following standard conditions shall be applied to any facility on City owned property in order to ensure that the City obtains the proper leasing documents prior to installation: 1. Prior to issuance of a building permit, the applicant shall: a. Obtain a right-of-way permit and provide a $5,000 security to the satisfaction of the City Engineer. b. Submit a request for and attend a pre-construction meeting with a City Engineering inspector. The applicant/developer shall be responsible to ensure that all necessary individuals such as, but not limited to, contractors, subcontractors, project civil engineer and project soils engineer, attend the pre-constmction meeting. c. The building permit plans shall include a utility plan that shows the equipment layout. September 7, 2021, Item #5Wireless Communication Facilities Policy September 2004 Page 4 of 5 55 of 98 d. Submit all required leasing documentation, including but not limited to insurance certificates and the annual rent check, to the satisfaction of the Department of Community Services and City Clerk and obtain their authorization for issuance of a building permit. e. The applicant shall enter into a Master Communications Site License Agreement, prepared and agreed to, by the City Attorney and City Council. 2. Prior to energizing the switch gate, the applicant shall receive final approvals from the Administrative Services Department, Public Works Department, Fire Department and Development Services Department (Planning, Engineering and Building Divisions). G. Standard Conditions for Facilities on Private Property and City-Owned Property In addition to project-specific conditions, the following standard conditions shall be applied 1. The approval may be subject to annual review, as determined by the Director of Development Services, for compliance with the conditions of approval and to address concerns that may have been raised during the pnor year. 2. Prior to building permit the operator shall submit calculations specifying the FCC's Maximum Possible Exposure (MPE) levels in inhabited areas within 500 feet of the facility in the areas that the levels produced are projected to be highest. Upon issuance of the Building Permit and installation of the facility, the applicant shall hire a qualified electrical engineer licensed by the State of California to measure exposure levels at the location after the facility is in operation. A report of these measurements, and the engineer's findings with respect to compliance with MPE limits, shall be submitted to the Director of Development Services. The facility shall not commence normal operations until it complies with or has been modified to comply with this standard. Proof of compliance shall be a certification provided by the engineer who prepared the original report. In order to assure the objectivity of the analysis, the City may require, at the applicant's expense, independent verification of the results of the analysis. 3. The antennas shall not be activated for use until a final inspection is conducted by the City. 4. The Building Permit plans shall include a utility plan that shows the equipment layout. September 7, 2021, Item #5Wireless Communication Facilities Policy September 2004 · Page 5 of 5 5. All facilities and related equipment shall be maintained in good repair. Any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. 6. The facility shall be operated in such a manner as to m1mm1ze any possible disruption caused by noise. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 10:00 p.m. and 7:00 a.m. on weekday nights. At no time shall equipment noise from any source exceed the noise standards· contained in the Poway Municipal Code. 7. The owner or operator of the facility shall routinely and regularly inspect the site to ensure compliance with the standards set forth in the permit. 8. The wireless telecommunications facility shall not be operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. To that end, no facility or combination of facilities shall produce, at any time, power densities in any inhabited area that exceed the FCC's Maximum Permissible Exposure (MPE) limits for electric and magnetic field strength and power densities for transmitters, or any more restrictive standard subsequently adopted or promulgated by the City, County, State of California, or the Federal government. If there is any change in the manner in which the facility is operated or change in the MPE, the applicant shall submit calculations specifying the FCC's Maximum Possible Exposure (MPE) levels in inhabited areas within 500 feet of the facility in the areas that the levels produced are projected to be highest. The applicant shall hire a qualified electrical engineer licensed by the State of California to measure exposure levels at the location after the facility is in operation. A report of these measurements, and the engineer's findings with respect to compliance with MPE limits, shall be submitted to the Director of Development Services. to the Director of Development Services for review and approval. The Director may also require an updated report as part of any review of this Conditional Use Permit. 9. The owner of the wireless telecommunications facility shall remove all of the communication equipment, and associated structures, approved pursuant to this permit within 60 days of ceasing operation of the telecommunications facility. m:\plaru1ing\memo04\wireless policy.doc 56 of 98 September 7, 2021, Item #5U1 ...... 0 .... U) 00 l> -I -I l> n :I: s: m z -I ~ (N) PtiOEf'IX TOWER INTERNATlONAL ---·--·-·•...__ TELCO POINT OF CONNECTION AT (E) PULL BOX (N) PHOENIX rowEH INTERNATIONAL POWER POINT OF CONNECTION AT (E) soG,E TRANSFORMER (E) SEWER LINE, FIELO VERIFY EXACT LOCATION flHIOR TO GONSTH.UCTION. (E) 6UIL01NG (SHED) SECTOR I A7.IMUTHJ20' • --2.:.::.:-····- (EI BUN.DING --. KIRKHAM WAY ~~~~~'~;~Jis~~w~~~E4D~ \. ~1 · j t1nr-0· CONTAAClOR SHALL HAVE THIS AREA \ it-· SCANNED FOR UNOERGROUNO \ tr IMPROVEMENTS PRIOR TO Tl-IE STAAT \ SECTOR 3 OF CONSTRUCTION \ 51(~~~E~ , AZIMUTH l'.!O~ TRENCHING NOTES i'Hlll~ JO Tllli. IITAAT 0:-C(INSTA.VCnON. Tilli (ON11V•Cl0~ lo•"6l.LLOl.:IIU AU. ut,l;IIHC:«lllNOJM·•li(lVf.._l;;Nnt INTll! Y,OM.KAiU: .. loU.UCISTIN(I llrt.mU .O!VK:El~O ST~VCT,111:HI StlA.l.Lali: Po40Tit.:'fli.O.N.Pt,,cli. l.:t(HCH•IITO'-ATl()NI-WLHN"CCO!\O,.,.,CIWIT'HTrll"CllY~t•,01NIIYUJNICt""'-COOt liJKl SfNI 01rc.:o :t.l.UIUtll-,L UIIN'.)A),10 OAAYll'IQI u.J.t,lr,t~:l 0.::5, ON,.l,t,Ol;O GONCtlifilllOGWA.U(SQR01,t111C:\'1"y1J1;,.1Au.Dll:1ltf'l,-C!':0..1tWIT•W•J0'4T10111Z s ... TlliF11cno,,o=-111tc.:rrvi:t1c,..r,n FIRE DEPARTMENT NOTE ENGINEERING NOTES: 1 NO EXISTING PAnKING SPACES Wlt.L HE USED OR REMOVED 6Y THIS PROJECl. 2 PRIOR TO THE ISSUANCE OF ANY CONSTRUCTION PEAAIT J'HI: PERMITTEl:: SHALL SUBMIT A WATEH POLLUTION CONTRCI. PLAN (WPCP). THE WPCP SHAll BE PREPARED IN ACCOROANCf. WITH THE OUIOELINl:S OF THE OTY Of POWAY STORM WATER STN«>ARDS. ,\ LOT LINE, rYP. \ ! i i I ~ /"., PROPF.RTV .. '. LINE. fYP. ' ',"" APN: 323-501-02 '-. ·,., ''-. '-. '··", "·, ""· c>I$ "·,,, SITE PLAN(~.·-, __ ,-''--··-··-··-'· sCALE:1·"'sa-0· D (N) UVE PINE TREES & SHRUBS IN (E) I.MOSCAPE PLANTERS. SEE CONCEr>l LANOSCAPE l'LAN SHEET l.· 1 SECTOR2 A2.1MUTH50' • -.. .• _ FUTURE C:QlNPMENT AREA. (N)PHOENIX TOWER INTERNATIONM.. 10'-0" x 15"-0~ x 0'-0~ t-MG11 CONCRETE BLOCK £0U1Pt.1CNT ENClOSlJRC AT GAAOt: LEVEL. $EE EOUIPMENl PLNtONSttl::El' A·l (N)PHOENIK TOWER INTERNATIOl'W. (II) ANTE~ 6 (GI RRU AADIO UNITS ~UNTEOON;..(NJIM'-0' HGH MONOPOLE. SEE ANTE:NN.a. Pl.AN & ~.Jt«JPO\.E ELEVATION ON StEET A·2 BOUNOAlitY NOTE: THE PROJECT OOUNOARY Slf:JWN ON THIS DRAWING IS APPROXIMATE ANO IS SHOWN fOR REFERENCE ONl Y. A. COMPLE le BOUNDARY SURVEY WAS NOT PERFORMED ISSUE STATUS ;r,~~ltil~i Tfti::••!Jl:fftltf l!±' PLANCOMI 3ll2 STATEl'U\CE, ESCONOIOO, CA.UFORMA O:..>o?Y PROPRIETARY INFORMATION •1-.~,-~-.·,r,, .... ,.,.,,.,"Cf.,·,.-.. ,· .... ,:.·,,:,;.,.,._, .... ,. .. ., .. ~~ zUJ UJ$ ~o p,. .... ~ <( I ~ a: S2 § ~~ :::,.., Ul_, Q°LL_ <( z ~~ ~~ <( < ~8 >-m ~ ~~ :::i: a, < <( :r(.) :,:: . a: >-~ ~ ~o ~a_ SHEETTITLF. SITE PLAN A-0 September 7, 2021, Item #5u, 00 0 "'"" \0 00 TRENCHING NOTES j'l~I~ TOTltE !HA!-tfOFCONSnrucOON, ttF.:CONT:-U.Cro:tSll,l,Ll L(lC-.Ti:M.l ~~~~s~~~:A~~•~~~~~::;~~:AA!"-A1.L iXISTNG U"U.ITlU, 0£',IClS ;.HO T-tlcr«:il IG5TOAA1lflN SUN.I.■!" N M~CO~#IC:f wnu lltS<:rn oi l"O'flAl'M\!NIC:~"'lli co,>;; l,NO ~AN OlfC'.0 A.(CIONAI. $TNIOA~O O~VINGS (';.'4 ANOC-J!, ~;o {:()HCIF.lF. SLOii\'IAltl!l (\Q •'l'~I\H\tlAY'!. s11-.u BE 1-U:~...Cf,') Jt:)lfif-Ttl-JOINT lTl t◄f. SJr.11 •. •A(;Til')Nt)ITlli(lfW'iM-N((M {-·ffiii:i~ I TRENCH 0 .•. ·~ -~ SECTOA1 AZIMUTH 320~ .. . ;~:-S.1· ! ',, ,.;Y':··,, ' . ·~1: i;- . -· -, •· .. ----------'r-· -, :: 0-- FIRE DEPARTMENT NOTE ··~ ... ~ ,,:·,0 ~--t ·t tr ' ii (NI PHOEMX TOWER IN n:R1'4A.TtONAl. 10·-0· x ,s·-0·,; a·-o• HIGH CONCRETE BLOCK EOUPMENT ENCLOSURE FOOT-MOBILE AT GRADE Lt'VEL '\ ~~ '-'h ~9,Y)fMENT PLAN r:2r I 7'-6" I IN) PHOENIX TOWER INIERNATIONAL (0) /INTEN,""5 & (G) RRU RADIO UNITS MOUNTEOONA(N)OC·-o· HfGli MONOPOLE. Sl:E ANTENNA PLAN & MONOPOLE ELEVATION ON SHEET A-2 SECTOR.2 AZIMUTH SO• • .'• .. ••.:#.:.. ;1 ~1 A _;;{ \\ bi \\ ;;I r. ·\\:=~1 :! 11 i;,l ~ ----ij :J __ ···+r:~"~J ,:i~.~ ~., _ J~ EQUIPMENT PLAN KEY NOTES: 0 (N) PHOENIX TOWER INTERNATIONAL 10'·0" )( 15'·0"), e·-o· HGH CONCRETE BLOCK f:OUIPMENl ENCLOSURE fOR T-MOS.LE (150 SO. FT. 1.EASF. AR(~A) W1TH PRECISION ANISl-t 0 (N) S'-4" WIDE OPENING WITl-i5'-0" 1t8'-0• STEEL~ ACCESS GATE ANO T-MOEULE SJGNAC",f:. ~ 0 {N) 5'·0" ), ti' -0" CONCRETE LANDING 0 fN) SCREENN'fG SHRUB, TYPICAL Of 13. SEI:: GONU:Pl lANOSCAPE PLAN SHEHl-1 0 (N) T.MOM.E ~102 MUAC EQUIPMENT CA84NET INStOE {N) ~ EQUIPMENT ENCl.OSURE ON A CONC..Rf:TE PAO (l) l'OTAL '(&] <l> (N} T-MOAlt..E ◄'-0" 1: fi'-0" CONCRETE PAO 12) TOT AL 0 (N) PPG CA61NC:T fAOUNTED TO UNISTI~UT ON WALL \;,,\BINET INCUJOES 200A DISCONNECT N«J ATS I (NI CIENA CABINET MOUNTED TO UNISTRUT ON WALL (NI TELCO BOX MOUNTED TO UNISTRUT ON WALL (NI CONCRETE: fOOTING FOH MONOPOLE (SHOWN SHADElll (N) FIRE EXTINGUISHER, CLASS '2.A-t08C', M{)Ul4TE0 TO W/\ll IN ACCORDANCE YrlTH FIRE DEPARTMENT REOJIREMENTS 12 (NJ WALL MOUNTED LIGHT FIXTUR!:: (1YP1CAl Of 21 13 (NJ TERMINATION H-flV1ME WITH MASTER GROLM> OUSS 8AR 14 (N)il)6'0CONOIJl[SWl:El'STOMONOPOLE 15 (NJ FIRE OEPAATMENT KNOX OOX MOUNTED TO (Nt M.fJlAME 10 (N) GENERATOR REC(PTA.CLE MOUNTED TO WAI.L 17 (N) <400 NJI> PHOENIX TOWF.R INTERNA.TK>NAL ,.10LTI-GANG METl':R AASE ON (N) ►t,fl{AME 0 NOl'USt U <S> ~~.~~:~u~~;6~~~)=~~!.·,;1~;~~~~E SITE Pl.AH ON SHEET A-0 FOR ENTIRE ROUTE, APPt..l\:.ANT IS NOT SEEKING AN EASEMENT OEDtCATION FOR Tl-IS ACCESS ROUJI:: <@> (E) CONCRETE CURS <8> (N) 5·.o· wI{'1f: ROUTE FOR PHOENIX TOWER INTERNAT~ POWEii 6 TELCO TRENCH iSHOl'l'N DASHED) ~TIIACTUR S1111U. LOCATE Al.L EXISTING UNDERGROUND IMPROVEMF.Nrs PRIOR TO nte ST.A.Ill OF CONSmVCTtON j (Nt GPS ANTENNA MOUNTED ro (N)'NAU {!!) WROUGHT IRON GATE ro Rf~ (EJTREE. TYP (NI COAXIAi. CABLE CONOLNT TRENCH (N) J/4' CRUSHED STONE GRAVEL OVER WEED BARRIER INSl0£ EQUIPMENT EMCl.OSURE <e> (N) e·-o· HIGH WROUGHT IRON fC~' GATE w,rn 5(.;HEl:NING VINt:: L.ANOSCAPINCi. SE(; CONGEP I LANDSCAPE PLAN St-tEET l•1 ~ (E) s·-o· BIGl-i CONCRETE ALOC.'( WALL ro REt.WN ~ {E) GATE CONTROL KEYPAOTORft.WN <%> =~~r~c:;.;~:1~=0Lt~~~·ro (N) MONOl'OLE i (E) ELECTRIC PU.t COX lE) TELCO PULL BOX FUTURE EQUIPMENT AREA (N) SCREENING VINE, TYPICAL OF 7. SEE CONCEPT LANDSCAPE PL,\N SUF.ET l-t ISSUE STATUS 't\~;~~i~ -~-·~-~~:-r-·1-l;r~~~~~:u~ PLANco~I 302~TATEl'tJ\Gf., ESC-ONOIOO. CALIFOft"4tA U20:M<I PROPRIETARY INFORMATION ,i,....~ v.. tt. ~r•.• · · -, ·-< ....... ..-.-:» ...... "•.·· ..... ,,.--.,1\ ... ·y . .,_,· )<'.~ ~ zLU ; w>•-o>; :cO ~: Q.. ....... ~ ~~ ::, ,., (/)-' g~ O'.I:? ~ <( I ~ a: S2 ~! ::i; u <o >-m ~ i~ ~er, <( <( I(.) ::.::: -a: >-:.:: ~ ~o ~(l_ EQUIPMENT PLAN A-1 September 7, 2021, Item #5U1 \0 0 """' \0 00 )> ---4 ---4 )> n :c s: m z ---4 :c [·-PROPOSED ANTENNA SCHEDULE 1i "-· (N} MONOPOLE-·-' )"•~wJ · PROVIDE (l}G"x 12• CABLE PORTS @ POLE Pl.AN AT UPPER CMILE PORTS ~-; .J. .. =;;-=~~~;~;~~~~-~'. ... l I .~ ! ;~~!~t~~ii'EitJf!,;/ ·;_1 ... El\~UQNAlfU..-.,W10Ctn1 l ,, iiiic1sciNAl~1>1114'\C\CTO) l t ·: Lo:~~:·i t~l~t;t+.~;:;;-: ---+--~ ! AAO ! ~lN'll:'-1 ';£,~I-~i~*·:~i~·,1:·n~f ;r~d:=" .. ·--Li-.J"l 1 I! i 11 : ....... 1.· .. r==WJ1:= .... 1 ;r· ... :.il, .. ®.~·,,. (N} MONOPOlE PROVIDE (2)9"x24'~ HANDHOl.fS WITtt COVERS ,>!; 0 POLE PLAN A_T POLE BAS€ (3'-0-} 0 _,- . I MONOPOLE HANDHOLES SCAI.E: 3~••1' .• (f" SECTOR I AllMUTH320~ • ,;~--~~·. ,-· •.:>. ,.· ·r· ©···· TYPICAL (N) RRUS UNITS MOUN TEO TO CROS..~ ...... .. ARM. (2) PER SECl"OR (0 TOTAL) SCE 01::TAIL@· IN) GALVANIZED STEEL AAM & · CROSS ARM (T'VP1CAL) (N) MONOPOlE NOTES: TYPICAL HYORIOCABLE {l)GX121tC..C\(1 PER.SECTOR! TYPICAL FIBER JUMPER l.ENGTH (4} 18' FOR ERICSSON ANTENW.S 12) •~· FOR RFS ANTENNAS (2} 16' FOR ANDREW ANTENNAS 3 COAXIAL CNJLl: L(NGTlt • 100' ;-:~ -~'o. ':~i,. '-' -s-• . -.,, SECTOR2 AZIMUTH SO" • (N) PHOENIX TOWER INTEl~lfONN.. (0} ANTENNAS & (G) RRU AAOIO ._..,-s MOUNTED ON A (N} M'-0" HGH MONOPOLE -<JifJifJifJi) ,.JJJ· ' ~.:;~~ • • woo~,~~•-~ /! "ff 1.. ·, '·:~.'---(g)ANTt:HNI\S&(6)RRUFWltOIH --.. ,'i)::::::: t. ',,,___...~ '\ , ····~···--MOUNTEOONA(N)M'-O"t-lGH ·,(,i --., _,>'"' MONOPOLE j,'. ' ~)ll-~)ll •f L~-=="~=-._.-=_;...=:1;:-:-· ·:::::--l,s·-::: ___ A'='.;' ... · .I ./· .·, .. )?o_. • SE'CTOr~ 3 AZIMlJTl-1130" it. ;j>,~~l.116. ,· A.M.S.l. ~~l.!fc:·· ·,)JU tf:'J,J.~~NA PLAN(u"' FIRE DEPARTMENT NOTE ~, ~ · · FUTURE CARRIER ANTf.NNA ARRAY r--/" . ·; "·( i; ; I !f ,~[ l-; --' /_j:,i j j i' i ! ; I• .. --_.1.(; ·1:,r i::' _.- PRO\I\OE (3)6', ,,. __ )' I C;\BLE PORTS IN) MONOPOLE ©\ \ · · · FUTURE CARRIER. NHENNAMAAY · · PA.OVIOE (2) a· X 24· HN«:>t10t.ES AT RA.SF. WITH COVF.RS --(N)CO'ICAETEPIER ~~~~~=:,~~~,t~ii~ill;~;~i ---·1 ! I ~g~oPOLE ~~LEVATtON ISSUE STATUS 1u~. OA1i o· 01,:0-~, 1 w:.100i1r..c.-vt1Y1 :, .. i·· _,,o-all i!A,otftJ~1:~-i :,-_·_··~--~: .. ~--~~~-.1~-~-~--~~~-~-~-~ .. r.~;· l . :-:~::: l'·:::~~=h~~~: :-:: · '"i~~!H1~:s~~!if i PLANcOMK ll:ll•..:.AH l'fl<"')Jl.l \ 301 STATEPlACI:. F.SCONOIOO, CAllfOHNIA 8102Q PROPIU[TI\RY INF~TION ,-... , .................... Y, ...... ""'/,0 ,1 ... •-•""'•~'l"'"'••\l,..~'Oe"-• .... ,e-....... tf\••~'1,..r'f.•-.\,...,_, ~0:::;;'. zUL~ LU>:: o>~ :r:O .., p.. t-~ § ~~ ::) M rJ)·ii ~ z· Oo a:..., 8~ ~ <( I ~ cc sz << ~u <( 0 >-a, ~ i~ ::E O') c( <( Iu ::.: " a: >-~ ~ ~o ~ 0. SHr:Ei TITLE: ANTENNA Pl.NI & MONOPOLE ELEVATION A-2 September 7, 2021, Item #5en 0 0 -ft \0 00 FUTURE CARRIER ANTENNA AA.RA 'r FUTURE CARRIER ... ANTENNA ARRAY ,~:~~;--±t) ~-.. l-· NORTH ELEVATION SCAI.E: 1/6~ • 1•-0- FIRE DEPARTMENT NOTE nas r-... Hl.;n lijl(~.I\ICOl'I r,t1, Vl'.;t"( tlC"ill ~~! !l"-Ul;(0#\!11! .... o,-'111i,:.rrr \ll'Ol:M'I (N) PI-K>ENIX TOWER INTERNI\TkJHAL (9) ANTF.NNAS (SHOWN SIIAOED) & (6) RRU RAOIO UNTS {SHOWN OASUEO) MOUNTED ON A. (N) 84'--0" 1-IGH MONOPOLE I,, i-i i rr··, •Ulr1··1· ~,.j L,,hl+~!IUI ,,11,Jt!i!~ • I. ! I . i :q:· --, I 1: 1,;.l, .. l (N)f'I KJCNIX l'OWER INTCR~TK>NAL to·-o-.-.; 1'.J-O•:.. e·-o~ t-llGH $PLIT•l:A..:I:; CONCRt:n: [)LO,'.;!( l:QUIPMIENT ENC.LOSUHE FOR T-M091l.E AT GRADE. 8'J~~ .,,F.t • .(.~~~ -; "~-\ Ji'':.,.t,.:i/f' ~:<.tt1•r..J~:R· ~~rJ~?-i-" ~:~J-"•.' ~ {N) I'.()" ttlGH WROUGHT IRON F(NCC WIT! I SCHIZC::N4NG VINES SEE CONCEPT LANDSCAPE PLAN SHEETL·1 .. (El WROUGHT IRON GATE(TYPICAL) ---(E)GRAOE (E) CONCRETE 0lOGK ... WALL TO REMl'IIN 1 1 ifi JJ:ib-1/Hfill (N) PHOENIX TOWF..R INTf.RNATIONAl (9) ANTENNAS • 1 (SHOWN SHADED) & (6) RHU RAO!O l.NlS (SliOYYN OASliEOI MOUHl ED ON A (NI k "--0" l·t<it1 MOf'lt'.JPOLI: ! .•-··· FUTURE CARRK;R 17 T Jr 7 .-1 · ANTENNA Al<RAY :.J "·frj r ·]t,j + l ) ; : i I ' ,"'·'"· 1· + I I /· ' 'j u ~i~i~~ ;f.•~ '\ jf:~:/-1-'l:' '~~t)~~::t 11 [:':·:::·;:'.,-,'~:·,,i······· ... FUTURE CARRIER /\NTE.NNA/lrlPJl,,,Y .. {EJGIWJ€ ,.. .~ i i ~ I !i;hi ti~~~~ t ~ ~ 8 ~ (NI PHOENIX TOWER INTeru.,.r,aw_ <0'-0-< 15'-0' x a·-o· HIGH sr,uT-FACE CONCRETE 8lOCK EQt.HA.ENT ENCLOSURE FOR. T-M091L£ AT GRACE. ~~§!._,.ELEVATION ISSUE STATUS o lor,1u.-,1 ! t(lj,tO..No~v11w , .... tt~~1liit~i~l1i~ ·,r,·· i ·o,,,,Of..21 i-·•.-xr,,..,.,,tyc()'\',.~"~ , ....... T-l::tl~ff:!.:itt~~1i~~t:~;t: PLANCOMI 302 STATE PLACE, ESCONDIDO. \..ALIFORNIA Q20N PROP~IETARY INfORMl\lK)N :r,,,.,.,"1 ,•oC,,~••·4 .. ,Clio '<, .. .C .. , .... ",,;_-·, ........... , ~a:::~ zLU ~ ~$~ §~ ~~ ::::,"' <I)_, :co : ~t-:· ci u.._ <z Oo o::,.... g~ ~ <( I ~ a: ~ c( .;( ~g >-co ~ i~ ~ m c( < I(.) :,.: . cc>-:.: ~ ~o ~a.. SHEET TITl.f EXTERIOR ELEVA'IIONS A-3 September 7, 2021, Item #5O'\ -0 -ti \.0 00 I FIRE DEPARTMENT NOTE I I THIS PARCEL IS LOCATED N THE VERY HIGH , .. E HAZARD AREA OF THE CITY OF POVIAY I ~ r LINE OF SIGHT FROM THE TOWER THIRD LEVEL 1 J :=:::::::t :: :::----L= _ -_-_-:cc __ ~==~=~-----=--------------------------------------___ __ ___----------------, -- :I: ! I GENERAL ATOMICS I I GENERAL ATOMICS r------------============r= D I / ~ z , I --t I SCRIPPS POWAY KIRKHAM WAY PARKWAY SITE SECTION (EAST ELEVATION) SCALE: 1" = 50'-0" ISSUE STATUS 0 07/20/18 90% Z.ONNG REVIEW ,_ 1 OS/10/18 100% ZONING REVIEW 1cw 2 0e.130/18 ANTitt-NA CONFIG REV rcw 3 09106/18 IOJ'l'.ZOFll'MI.FORSUl!MTI rew 100"!.ZD·CITYCOMMENTS - 100,.zo.cmCOMMENrs I )dn PLANcoM; 302 STATE PLACE, ESCONDIDO, CALIFORNIA 92029 PROPRIETARY INFORMATION TIC-'10NC0tif-DIH-tlle#~ ISl"IIOl'fll€fAI\T&C,-_l(Nn""-,o~~ ..,.TUHOll.l)IK;l()-Onc,111_ ... "..._.,~10 "tllllOH""111russ,ss11UQ.tM01-.~ ~~~ z~~ ~~~ o ... O·.: § ~~ ::::, <') en ...J ~~ X : ~~; Oo a: I- ~ ~ ~ <-,: ::Eu <o >-ID ~ ~ <( I ~ cc ~ ~;i; s: 0 ~ Sl <( <( Io ::.:: -er: >-~ ~ ~o g;i a. SHEET TITLE: SITE SECTION A-4 September 7, 2021, Item #5)> -I -I )> n :::c s: m z -I '- °' N 0 """' \0 00 ALTERNATIVE SITES CONSIDERED Alternative Site Analysis Site Feasibility Parameters Map# Site Name 7 8 City of Poway Auto Storage Lot ABC Training Academy WillScot Office Trailers Costco Home Depot General Atomics Saia Freight SDG&E 77' High (Estimated) Steel Transmission Towers PHOENIX TOWER 1Nf£11N"TIONAL Address Current Land Use I Automobile 13875 Kirkham Way Storage Lot 13825 Kirkham Way Office Building 14015 Kirkham Way Industrial Commercial Retail 12155 Tech Center Dr. (Big Box) Commercia I Retail 12175 Tech Center Dr. (Big Box) 14107 & 14115 Stowe Dr. 14004 Kirkham Way Military Defense 12055 Tech Center Dr. Freight Distribution Adjacent to Kirkham Way Electrical ROW@ GA West Driveway Transmission In/Out of Search Area (Yes/No) Technical Viability (Yes/No) Technical Comments Leasing Viability Leasing Comments September 7, 2021, Item #563 of 98 September 7, 2021, Item #5HELIX Environmental Planning, Inc. 7578 El Cajon Boulevard La Mesa, CA 91942 619.462.1515 tel 619.462.0552 fax www.helixepi.com May 6, 2021 Darrell Daugherty PlanCom, Inc. 302 State Place Escondido, CA 92029 HELIX Environmental Planning 00662.00130.001 Subject: Kirkham T-Mobile Wireless Telecom Facility Project (SPA 19-002/CUP 19-002) Dear Mr. Daugherty: This analysis is being prepared by HELIX Environmental Planning, Inc. (HELIX) to support the City of Poway (City) in preparing a supplemental or subsequent Environmental Impact Report (EIR) pursuant to the California Environmental Quality Act (CEQA) for the Kirkham T-Mobile Wireless Telecom Facility project (project). The analysis addresses visual effects associated with the installation of an 84-foot high telecommunications facility (cell tower) within the current paved parking area of 13875 Kirkham Way, Poway, California. The regional and local locations of the project are shown on Figure 1, Regional Location, and Figure 2, Location Map. The analysis addresses the existing visual setting in the vicinity of the project; identifies adopted land use plans, policies, and regulations applicable to the proposed project; and evaluates potential for adverse impacts associated with implementation of the cell tower. PROJECT DESCRIPTION The cell tower would be installed as a monopole structure extending 84 feet in height with nine antennae that extend to a height of 85.6 feet. The antennae, which would be gray and white in color, would be situated along steel arms that are configured into three segments that reach outward from the monopole at a center point of 81 feet. The monopole would be constructed of galvanized steel and treated with an anti-reflective coating. Concrete footing and reinforcement would extend below pavement and would not be visible. An 8-foot tall wrought iron fence with screening vines would surround the monopole. A 150-square foot equipment enclosure with an 8-foot concrete block wall would be located just east of the pine and wrought iron enclosure. Screening shrubs would be planted along the front of both the concrete equipment enclosure and the pine enclosure. To accommodate the new monopole, an existing light standard would be removed, and the existing luminaries and light arm would be relocated to the monopole. Similar to current conditions, lighting 64 of 98 ATTACHMENT K September 7, 2021, Item #5Letter to Mr. Darrell Daugherty May 6, 2021 Page 2 of 16 would continue to be directed downward to provide security and would not create spillover into neighboring land uses, in compliance with the City of Poway Municipal Code Chapter 13.15 as required. Figure 3, Site Plan -Antenna Plan, Figure 4, Site Plan -Elevations, and Figure 5, Concept Landscape Plan, contain technical design data and landscape plans for the facility. Currently, the South Poway Specific Plan states that antenna and supporting structure should not exceed the maximum height for building structures in the underlying zone, which for the Industrial zone is 35 feet and may extend to a height of 45 feet under specific circumstances. However, there is a proposed amendment to the South Poway Specific Plan. That Specific Plan Amendment would allow wireless communication facilities to have a maximum height of 90 feet. PHYSICAL SETTING General Land Use Patterns The City of Poway is generally located within a large valley surrounded by mountainous terrain. Beyond the lowlands of the valley floor, the majority of the planning area consists of hillside/canyon/ridgeline topography. Toward the south of the city, where it approaches City of San Diego jurisdiction, canyons (e.g., Beeler Canyon, Sycamore Canyon) provide notable elements, cutting through higher areas of mesa top. The project is located in this southern area, on a mesa top that is currently developed with commercial and light industrial uses (see Figure 6, Existing Views -Kirkham Way). The existing height limit for structures in this area is 35 feet, with exceptions for industrial buildings which may be 45 feet in height required for warehouse operations. The project site and nearby parcels are all zoned PC-7 (Planned Community-South Poway Business Park) (see Figure 7, Existing Views -Kirkham Way). Scripps Poway Parkway provides primary access to this area, with Kirkham Way tying into that larger parkway at both its eastern and western termini. Kirkham Way provides direct project access and is a four-lane road with two lanes in each direction and a center paved median. Consistent roadway elements include sidewalks, metal-poled streetlights, street signs, business signs and ornamental streetscape including trees, shrubs and groundcover that generally varies in specific style by lot ownership. This area contains manufacturing, warehousing and distribution, research and development, and administrative land uses in a landscaped setting. Kirkham Way businesses include big box retail (e.g., Costco), research/development facilities (e.g., General Aeronautics), as well as a variety of smaller commercial uses. Structures housing these uses are business park (concrete/glass) or warehouse (including expanses of solid wall) buildings of one to two stories in height. Structural density is greatest on the north side of the road. On the south side, where the project is located, pads with built uses are located on mesa area abutting Beeler Canyon to the immediate south. In some areas, natural open space comes up to the road edge; in others, it comprises the southern boundary to the built uses. Parking areas are surface facilities in proximity to the structures. Approximately 500 feet west of the project site is a San Diego Gas and Electric transmission line corridor developed with tubular steel poles that support 67 kilovolt (kV) double circuit overhead transmission lines. The towers are situated 350 feet apart along a four-mile segment that connect to the Pomerado substation to the north and the Sycamore Canyon substation to the south (California Energy Commission 2021). Field measurements indicate these tubular poles extend to a height of 75 to 80-feet. 65 of 98 HELi Env·r nme ta/ Pl,. 1nwg September 7, 2021, Item #5Letter to Mr. Darrell Daugherty May 6, 2021 Page 3 of 16 Because of the generally "flat" nature of the mesa, views that encompass built uses can be fairly truncated -the viewer is not able to see over them. Where the viewer is looking in line of direction along roadways trending east, however, mountains may be seen. The mountains that surround Poway are identified by the City as "significant visual features." Alternatively, for viewers moving west, just beyond the abutting lot to the west, views of open space and canyon are available where development on the south side of Kirkham Way does not resume until west of Paine Street. As noted in the Community Design Element of the City General Plan (see more below), the "proximity of these natural areas to the developed area of the City contributes to Poway's unique character." South of Beeler Canyon, the developed uses along mesa top are located in the City of San Diego. These uses are generally residential in nature with some associated school and park uses. They are aligned along more winding streets, with development "fingers" extending northerly wherever mesa top extends northerly into the canyon and between ravines. Parks and Trails The City maintains a substantial trail system for pedestrian, equestrian, and bicyclist use throughout its jurisdiction. The closest is the Beeler Creek Trail, which generally trends along the bottom of Beeler Canyon, immediately south of the City south mesa area. Where trail users would look up from canyon bottom, users of this trail (as for Beeler Road) can currently see the edge of development at the canyon top, as well as residential uses rimming the ridges to the south. Other trails in the general vicinity may also offer views toward the project site based on topography alone (i.e., without taking into account intervening built uses or vegetation). These include, for instance, limited but possible views from the southern portion of the Espola Trail and the eastern portion of the South Poway (Trans-County) Trail. Parks in the vicinity include facilities in the City of Poway, as well as in the City of San Diego. Poway parks/recreational areas include Bette Bendixen Minipark and the Poway Sportsplex Park. In the City of San Diego, Stonebridge Neighborhood Park and Cypress Canyon Park are both located within 2.0 miles of the project site. These facilities are briefly described below. Bette Bendixen Minipark is located in a valley accessed via Old Pomerado Road. The park contains a playground, picnic tables, and sand lot shaded by several mature trees. It is abutted by a nearby creek and wooded setting; residential properties are located across the street to the east. The project site is approximately 2.0 miles southeast of the park. Sportsplex Poway is a jointly owned (the City owns the land and the facility is privately maintained and operated) recreational sports complex with three baseball/softball fields, two multi-use soccer fields, a batting cage, and sports pub located north of Stowe Drive. Views off the Sportsplex are partially obscured by several mature pine and eucalyptus trees along Stowe Drive. Stonebridge Neighborhood Park is in a new development adjacent to Stonebridge Parkway in San Diego. The park includes a large grassy field with two baseball/softball diamonds, a basketball court, and playground; and is located less than a mile to the southeast (approximately 0.85 mile) of the project site across Beeler Canyon. The photograph shown on Figure 8, Existing Views -Stonebridge Neighborhood Park, were taken facing northwest toward the project site. Views towards the project site are dominated by the mature landscaping that line Stone bridge Parkway to the north and west of the park and the upper story and rooflines of the nearby homes. In the distant background are views of the mountains. 66 of 98 HELIX Environmental Planning September 7, 2021, Item #5Letter to Mr. Darrell Daugherty May 6, 2021 Page 4 of 16 Cypress Canyon Park consists of four baseball/softball fields and a tennis court adjacent to Cypress Canyon Park Drive in San Diego. The park is located approximately 2.0 miles to the southwest of the proposed tower location. The park is screened by eucalyptus trees to the east, which largely obscure views toward the project site. The photograph on Figure 9, Existing Views -Cypress Canyon Park, was taken facing toward the project site from the walking path on the perimeter of the park at the northernmost corner near the baseball field. REGULATORY SETTING California Environmental Quality Act Section 15382 of the State CEQA Guidelines defines a substantial effect on the environment as "a substantial or potentially substantial adverse change in any of the physical conditions within the area affected by the project, including ... objects of...aesthetic significance." State CEQA Guidelines Section 15064(b) states that "the significance of an activity may vary with the setting ... an activity which may not be significant in an urban area may be significant in a rural area." While the Guidelines do not provide specific threshold criteria for visual impacts, the CEQA environmental checklist form provided in Appendix G of the Guidelines identifies evaluation criteria for visual impacts, including determination of substantial adverse effects to scenic vistas, resources (e.g., trees and rock outcrops), visual character and illumination (i.e., new light sources). City of Poway General Plan The City of Poway General Plan (1991, as amended) sets forth goals, policies, strategies, principles, and standards that comprise a comprehensive, unified program for physical development within the City. The policies and strategies contained in the General Plan are intended to guide the City's officials and staff in decisions concerning the use of land, as well as a wide range of issues relevant to growth and development within the City and generally are explained in detail in the varying Master Elements. Community Development Master Element Land use policy in Poway is guided by stated City ideals, including (among others) preservation of open space, and compatibility of adjacent uses. The Community Development Master Element (CDME) of the General Plan ensures the organization of the City into a functional, aesthetic pattern, and establishes design policies to provide an attractive environment that preserves the unique character of the community. The CDM E contains several elements, including the Land Use Element, Community Design Element, and Energy Conservation Element. The COME incorporates two City goals particularly relevant to all projects: • • 67 of 98 It is the Goal of the City of Poway to preserve Poway's unique and desirable character as a "city in the country" and to maintain high quality design and environmental standards in all new development and redevelopment. It is the Goal of the City of Poway to provide for an orderly balance of both public and private land uses in convenient and compatible locations throughout the City and to ensure that all such uses serve to protect and enhance the environment, character, and image of the City. HELIX Environmental Planning September 7, 2021, Item #5Letter to Mr. Darrell Daugherty May 6, 2021 Page 5 of 16 Resources Master Element Poway, as a foothill community, contains canyons, creeks, channels, grasslands, and mountains. The Resources Master Element {RME) contains provisions to conserve and manage the City's natural resources and to ensure that development of the City does not interfere with the intrinsic value of these resources. The RME contains a Natural Resources Element {divided into Land Resources, Water Resources, Air Quality, Biological Resources, and Open Space) and a Prehistoric and Historic Resources Element. Goal IV of the RM Estates: "It is the Goal of the City of Poway to preserve its natural, scenic, and cultural resources for the future benefit and enjoyment of its residents and to protect biological and ecological diversity." The applicable policy of Goal IV is: • Policy A-Scenic Areas: Scenic areas, prominent vistas, and open space areas that typify Poway's rural history and image should be preserved and protected through appropriate land use policies. Specific strategies include protection/retention of significant open space areas and scenic vistas along local scenic roadways; and identification of mountains, hillsides, and prominent ridgelines as valuable natural resources to be preserved through appropriate land use policies. City of Poway Wireless Communications Policy The purpose of the policy is to provide a uniform and comprehensive set of guidelines for the development and installation of wireless communication and related facilities in the City in accordance with the land use regulations. The 2004 policy sets forth the preferred design standards and locations of such facilities in order to minimize visual impacts to the surrounding land uses and preserving land uses within the community. The design guidelines state that the height limit of the antenna and supporting structure should not exceed the maximum height for building structures in the underlying zone. Additionally, the guidelines state that an applicant shall use all reasonable means to conceal or minimize the visual impacts of wireless communication facilities and that the facilities shall be architecturally integrated with existing structures and/or screened from view. EXISTING VISUAL RESOURCES To provide an objective basis for evaluation, this analysis looks at both character and quality of the existing and proposed conditions within the area{s) from which they are most likely to be seen. This general area of visibility is shown in Figure 10, Viewshed Analysis. A "viewshed" is an analytical tool to aid in identification of views that could be affected by a potential project. The viewshed is defined as the surrounding geographic area from which the on-site elements of a project are likely to be seen and is delineated initially based on topography. The viewshed boundary for the proposed project was primarily determined through the computer analysis of local topographic maps. The viewshed boundary represents the geographic limits for this visual assessment. Figure 10 illustrates the project viewshed on an aerial photographic base. Although features can lose sharpness at approximately 0.5 mile depending on atmospheric conditions, 3.0 miles is considered close 68 of 98 HELIX Environmental Planning September 7, 2021, Item #5Letter to Mr. Darrell Daugherty May 6, 2021 Page 6 of 16 enough to allow viewers to visually note the proposed tower as a notable view element and see its spatial mass and form as different from surrounding uses. Although built versus natural elements are distinguishable for further distances, it is noted that beyond even 1 mile, details begin to become visually muted and distinguishable only as facets of the larger regional landscape. The area within 3 miles of the proposed cell tower covers approximately 18,864 acres, or 19.5 square miles. As shown, based on topographic information alone coupled with a conservative analysis using a 90-foot structure height, approximately 2,978 acres, or approximately 16 percent of the viewshed (inclusive of on-site areas), within 3 miles of the project site potentially would have views to the tower. This means that, under worst-case conditions of open visibility, approximately 84 percent of areas within the viewshed would not have view availability to the proposed tower based on topography. It also should be understood that the percentage of visibility is a conservative assessment of potential visual effect. This is because visual "shielding" by intervening structures or landscaping is not considered by the model. Because of intervening structural or vegetation elements, the monopole would not be visible from all of the identified points based solely on topographic elements within the viewshed area. Even under conditions in which topography or other intervening elements do not obstruct views, views to any given point within a viewshed may not be clear due to levels of humidity or haze. Visual Character Visual character generally can be defined through objective description of visual attributes within a project's existing landscape. This is a descriptive and non-evaluative exercise (i.e., it is based on defined attributes that are neither good nor bad when viewed individually). A change in visual character cannot be described as having good or bad attributes until it is compared with the viewer response to that change. If there is public preference for the established visual character of a regional landscape and a resistance to or a preference for a project that would change or contrast with that character, then changes in the visual character can be evaluated. Visual attributes include: (1) pattern elements and (2) pattern character components. Pattern elements are the basic art composition elements such as form, line, color, and texture. For example, rounded topographic forms, or protruding boulders can be example of form, while a line of trees or utility poles may provide line elements. Pattern character refers to the dominance, scale, diversity, and continuity of the landscape. An example would be the existing block structures that line Kirkham Way along the roadway. As indicated above, this portion of the Poway community has specifically been identified for commercial/business park uses. As such, its character is generally developed in nature, and variation between built elements is more focused on structure massing (height and width) than variety in use. Some variation is associated with window presence and size, specific building color, and proximity to road edge of developed uses. The amount of variation, however, is subsidiary to the consistent impression of business built uses. There are some views to open space areas trending through these developed areas, including Beeler Canyon immediately to the south of the mesa top area upon which the project would be located. Due to their downslope nature, these areas provide natural element integrated into a developed setting rather than the primary character element within the viewshed. Depending on the season, the non-irrigated 69 of 98 HELIX Environmental Planning September 7, 2021, Item #5Letter to Mr. Darrell Daugherty May 6, 2021 Page 7 of 16 vegetation of Beeler Canyon may be tan to ashy green in color. The greens to muted brown-greens of native scrub habitats predominate in the area undeveloped hillsides. These color patterns are overall visually "soft." Located above these slopes is additional development. As seen from Kirkham Way, these areas primarily consist of residential neighborhoods in the City of San Diego. Overall, the project site area is representative of a developed (and still intensifying) visual environment. Although specific structure style and size largely vary by lot (as can the sizes of the lots themselves), the area is primarily commercial/industrial in nature. Buildings are geometric and rectilinear features, with an emphasis on straight lines and sharp angles. Some buildings incorporate substantial amounts of glass, while others have few to no windows. Some variation is, therefore, associated with window presence and size, specific building color, and proximity to road edge of developed uses. The amount of variation, however, is subsidiary to the consistent impression of business built uses. Angles on structures are acute, and architectural detailing is relatively limited, fitting the business nature of the structures. Ornamental species chosen and intensity of landscaping varies within this setting, but the presence of streetscape (as opposed to absence of landscape) is notable fronting all developed uses along Kirkham Way. The vegetative colors in the landscaped areas vary less over the year, being more consistent shades of darker green. Roads and built structures, which are linear in nature and smaller in scale, respectively, provide some variety of form and line. Colors of existing built structures in the area vary and have a commensurate tendency to draw the eye (white or cream structures). The SDG&E transmission corridor provides a linear pattern of vertical elements. Visual Quality Visual quality is evaluated by identifying the vividness, intactness, and unity present in the viewshed. The three criteria are defined as follows: • Unity is the visual coherence and compositional harmony of the landscape considered as a whole. It frequently attests to the careful design of individual components in the landscape. • Intactness is the visual integrity of the natural and human-built landscape and its freedom from encroaching elements. It can be present in well-kept urban and rural landscapes, as well as in natural settings. • Vividness is the visual power or memorability of landscape components as they combine in distinctive visual patterns. While the larger hills and mountains that are notable in so many areas of Poway are visible from some vantage points, they are at some distance from the project site and do not comprise part of the immediate visual experience. In this area, the visual character of the project area is notably disparate -consisting of the mesa top with its commercial/business park developed uses, edged on the south by the canyon rim and the topography falling away toward canyon bottom, edged by the north-facing south canyon slope on the other side. 70 of 98 HELIX Environmental Planning September 7, 2021, Item #5Letter to Mr. Darrell Daugherty May 6, 2021 Page 8 of 16 The existing visual quality is based on the width of the paved travel way, with its multiple lanes and median, and abutting business uses. Glimpses to "natural" elements are afforded along the roadway, but the substantial (and visually prized) hills and mountains rimming the City are at a distance and form horizon lines rather than comprising a primary view element. The consistent road elements and continuity of built uses with surface parking does result in a visually unified setting. It is also a relatively intact setting, as indicated in the discussion of visual character, above. The setting is not particularly vivid or memorable, however, as the visual pattern is not particularly distinctive. It is generally organized and consistent, but nothing stands out as a landmark or marks this area as unique. Within the larger visual setting, visual unity of the overall landscape is moderate to moderately low. Development has occurred in the business area, as well as in housing tracts to the south, and the setting also contains varied densities within those residential uses. Large expanses of retained open space (primarily scrub habitats) on hillsides provide visually unifying natural elements as they are located within and around structural development. The shared distant views to rimming hill and mountain forms also provide an overall unifying feature. The intactness of the larger visual area also is moderately low. The existing setting includes small uses to larger uses. Visually mature vegetation edges many of the residences and other structures and some stands of trees are notable. Uniformity of use or view is not high within the viewshed. The site setting is not particularly vivid due to its many competing visual elements and lack of a single visual focus. Viewer Response Viewer response is composed of two elements: viewer sensitivity and viewer exposure. These elements combine to form a method of predicting how the public might react to visual changes associated with a proposed project. Viewer Sensitivity. Viewer sensitivity is defined both as the viewers' concern for scenic quality and the viewers' response to change in the visual resources that make up the view. Local values and goals may confer visual significance on landscape components and areas that would otherwise appear unexceptional. Viewers include drivers/passengers of vehicles on Kirkham Way in particular, but also from numerous more distant areas given the height of the proposed tower. Viewers on their way to or from work are not expected to be particularly sensitive to changes in setting. It is assumed that, in general, views from passers-by are momentary, and the focus of the viewer is on reaching a particular locale and what happens there, as opposed to what it looks like. Area residents using trails or bikeway system (e.g., along Beeler Canyon Road or other area roadways) would be expected to be more sensitive to changes in the view. Although not immediately adjacent, for these viewers, the roadway setting can provide an often seen and intimately known view that contributes to the sense of home or the broader community. These viewers are expected to be extremely aware of all changes in their vicinity. Past experience shows that a number of these residents will strongly desire retention of existing conditions. Although home orientation or screening vegetation would obstruct many views, residential viewers are expected to be highly sensitive to changes in the immediate viewscape. 71 of 98 HELIX Environmental Planning September 7, 2021, Item #5Letter to Mr. Darrell Daugherty May 6, 2021 Page 9 of 16 Viewer Exposure. Viewer exposure is typically assessed by assessing the relative number of viewers exposed to the resource change, type of viewer activity, duration of the view, the speed at which the viewer moves, and position of the viewer. Exposure from roadways would generally be of limited duration due to the moving nature of the roadway user. The viewer would be expected to generally approach and pass areas of visibility, or have views blocked by turning roadway alignments and intervening uses. Although drivers passing through the area are expected to note project-related changes to the roadway vicinity and be affected by them, their primary focus on speed of travel and interaction with other drivers on the road, together with the relatively short duration of exposure time, are expected to render aesthetics changes secondary concerns. Bicyclists, equestrians, and pedestrians also would make up part of the viewer population, both within the City of Poway and the City of San Diego {e.g., from roads such as Old Creek Road). These viewers would also follow travel ways that twist and turn, sometimes offering open views and sometimes having views blocked, but their exposure would be extended, as they would be expected to move at slower speeds than vehicular passengers. Thresholds of Significance The following thresholds of significance are based on the State CEQA Guidelines. The project would result in significant impacts to visual/aesthetic resources if it would: 1. Have a substantial adverse effect on a scenic vista; 2. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway; 3. In nonurbanized 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, an impact would occur if the project conflicts with applicable zoning and other regulations governing scenic quality; and/or 4. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area. Impacts The assessment of impacts is based on the level of change from the existing condition that the project would bring to identified sensitive receptors in the vicinity. Contrast is assessed from the most critical viewpoints, which included scenic or valued views {e.g., from park areas or scenic trails), as well as views along commonly traveled routes. Significance of that impact is then based on how dissimilar introduced features would be to those currently present in the landscape, and the magnitude of that effect. Items considered include whether the project is actually seen, and when seen, the level of dominance it plays in the overall view. Elements of distance, angle of view, length of time it may be observed, and relative size {scale and special 72 of 98 HELIX Environmental Planning September 7, 2021, Item #5Letter to Mr. Darrell Daugherty May 6, 2021 Page 10 of 16 relationship) relative to its surrounding setting. In addition to field checks of the area, this analysis relies on the viewshed graphic presented in Figure 10. Issue 1: Have a substantial adverse effect on a scenic vista. Scenic views can be quite focused (e.g., on a particular scene, setting, or feature of visual interest), or panoramic in nature. In this portion of Poway, near views do not apply. There is no landmark tree, view lake, historic structure, etc., in the existing setting of this business commercial area parking lot. The project is not located in a particularly scenic location. Project elements would be sited in a business area parking lot. Potential for view impacts, therefore, is based more on interruption of expansive, or panoramic, views. Panoramic views or vistas provide visual access to a large geographic area, for which the field of view can be wide and extend into the distance. Panoramic views might include an urban skyline, valley, mountain range, etc. The locations from which such views may be affected (parks, trails, public roadways) are addressed below. The starting point of this analysis is the limited nature of views to the project overall. As noted above, views toward the project site and monopole cell tower are available from only 16 percent of the viewshed. Within the viewshed, there are several locations identified as visually sensitive due to their nature (public parks, trails, and roads with views to scenic areas). As indicated by the viewshed map (Figure 10), the project would not be visible from Bette Bendixen Minipark due to the local topography. The project site is less than a mile to the south of the Poway Sportsplex, but it is also expected that it would not be visible due to the sloping terrain of the mesa (see Figure 10). Moreover, users of this facility are expected to be primarily focused on the field activities as either a participant or spectator; thus, the visual environment is not the precursor for use of the site and would not be the primary intent for visiting this location. From Stonebridge Neighborhood Park, both Figure 8 and the viewshed graphic in Figure 10 indicate that at least a portion of the monopole would be visible from this vantage point due to its height. The project locale also is visible from the Sycamore Estates neighborhood (located across the street from the park and visible in the figure) and the streets that wind within it. Stonebridge Neighborhood Park sits at a slightly higher elevation at an average of 941 feet above mean sea level (amsl) (versus the project site at an average of 767 amsl). As a result, minus intervening structures and vegetation, there would be a clear view of the monopole tower. However, while the introduction of a new linear feature would be visible to the park visitors (as shown in Figure 8), there are features that obscure the view into the project site from the park. From ground level, the views at the park are dominated by the playfield structures and the mature landscaping along Stonebridge Parkway. Further distant in the middle ground, portions of the homes in the Sycamore Estates development are visible. The small associated structure would not be visible, but the monopole would rise above the height of the homes and be partially visible, thereby becoming a feature of the middle ground views. Moreover, while the introduction of the project would be notable, it would not represent a substantial disruption to the distant background views of the mountains to the north and west since it is linear in nature and the mountains would remain clearly visible. For a point of reference, the light standards at the park, visible in Figure 8 and much closer to the viewer, do not disrupt the overall expansive mountain views. Similarly, the project would not obstruct 73 of 98 HELIX Environmental Planning September 7, 2021, Item #5Letter to Mr. Darrell Daugherty May 6, 2021 Page 11 of 16 the distant views or represent a substantial change to the overall visual environment and would therefore result in a less than significant impact. Similarly, although not required under the CEQA thresholds, it is noted that the project would be visible from some of the homes in the Sycamore Estates with a rear yard with a northwest orientation. There is a relatively low number of residents with potentially direct and close views. Other residences may experience views onto the site, but from additional distance and with other residential (or related) uses intervening that may themselves block views. Regardless, where views exist, they can be expansive, particularly for the homes situated along Boulder Ridge, Whispering Ridge, and the Via Santa Brisa cul-de-sac, as well as the streets that access them and similar areas. On average, these homes sit at an elevation of 791 feet amsl, slightly higher than the project site. With the monopole rising to a height of 84 feet, it would be in the line of sight of these residences as they look towards the project site. However, residential landscaping also provides frequent shielding of view elements, both from the home where the landscaping is installed, as well as for adjacent structures. Therefore, not every structure along these roadways has uninterrupted views to the project site. Similar to the parks discussion, while the monopole would be visible, the linear nature of its design would not represent a substantial change of a scenic vista because it would not dominate the overall viewshed or obstruct views beyond the project to the distant mountains in the background. The overall character of the visual environment would not be substantially changed to a degree that would constitute a significant impact. From Cypress Canyon Park (see Figure 9), the monopole would be visible on the horizon from the northern end of the park particularly from the perimeter walking path, where the foliage is thinner, or trees are not present. Looking to the east from the path, the monopole would rise above the existing cluster of light industrial, research, and business park buildings in the project area. While visible, it would be linear in design and would not comprise a significant portion of the overall view from this path. Views of the distant mountains would remain virtually unobstructed. Further, as users of the path continue in either direction, the visual focus changes; thus, any view of the monopole would be momentary and would not constitute a substantial change to the existing views. No significant impact would occur to a scenic vista at this location. As noted previously, the monopole also would be visible from various portions of area trails, such as the Beeler Creek Trail, Espola Trail, and the South-Poway (Trans-County) Trail, all of which are multi-purpose trails supporting pedestrians, bikers, and equestrians. These trails wind through various topography that would offer views of the monopole from different vantage points along the trails. As shown on Figure 11, Viewshed Trails, however, these views are limited. The viewshed map shows that even users of the closest "nature trail," Beeler Creek Trail, would have constrained views toward the monopole. The introduction of the linear structure into the landscape would not obstruct substantially obstruct or degrade views through the project to the various sloping hillsides and mountain views that are accessible from these trails. Although notable and potentially useful as a future directional guide point, the monopole would not be a dominant feature in terms of viewshed percentage. Even where visible from a trail, users of these facilities are not stationary; as users move, their viewshed changes. The overall exposure to the monopole in relation to the expansive and panoramic views of the mountains -or even the more focused views along canyon slopes --would be minimal. Thus, the future intermittent views encompassing the monopole as hikers move along the trail would not constitute a substantial change to views of a scenic vista. Visual access to the existing and continuing scenic amenities would be virtually unchanged and impacts are assessed as less than significant. 74 of 98 HELIX Environmental Planning September 7, 2021, Item #5Letter to Mr. Darrell Daugherty May 6, 2021 Page 12 of 16 Issue 2: Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway. The project footprint is within an existing paved parking lot in an area of Poway defined as the South Poway Business Park. As shown in Figures 6 and 7, the project site is fully developed and devoid of scenic resources. The existing trees on site are ornamental in nature and do not constitute a scenic resource. There are no rock outcroppings or historic resources, and the nearest officially designated state scenic highway is a portion of State Route 52, approximately 8 miles to the southeast (Caltrans 2017). As a result, the project would not substantially damage scenic resources. No impact is assessed. Issue 3: In nonurbanized 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 points). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality. The project site is in an urban area that is zoned as Planned Community-South Poway Business Park and designated as Light Industrial -Storage, where cellular towers are a conditional use. As previously discussed in this memorandum, the City of Poway General Plan Resources Element Goal IV, and corresponding strategies state in part that it is the goal of the City to reserve its scenic resources through the preservation of scenic areas, prominent vistas, and open space. The project site is developed as a paved parking lot with ornamental trees and security lighting in an area fully built out with light industrial and business park land uses. Thus, consistent with the General Plan goals and strategies, the project does not directly disturb any scenic resources. As detailed in the discussions above, the project also would not substantially degrade the existing visual character or quality of public views to the site and its surroundings as views to the site within the viewshed are obscured from a minimum of 84 percent of potential view locations. This is based on topography alone and does not take into account potential intervening vegetation, abutting structures, etc. Impacts associated with the first element of this threshold would be less than significant. Relative to conflict with zoning and other regulations, the project is sited in an appropriate zone for such uses. As noted above, however, the City's Wireless Communication Facilities Policy design guidelines state that the height limit of the antenna and supporting structure should not exceed the maximum height for building structures in the underlying zone. The City is currently considering a Specific Plan Amendment to allow a cell tower height of 90 feet, in which case the proposed use would strictly conform. At this time, however, the Amendment has not yet been approved. Potential visual effects of the height variance are therefore addressed below. The project is a monopole cell tower at a proposed height of 84 feet (antennae extending to a height of 85.6 feet), exceeding the current 45-foot height limit for the underlying South Poway Business Park zone. Relative to the associated visual impact, however, at this location, views from Kirkham Way and other adjacent roadways within the business park would be fleeting as vehicles approach and pass the site. From these vantage points (where visible and not blocked by intervening structures or ornamental landscaping) the block building would fade into its setting and the monopole would be distinct, but quickly passed and out of view. Figure 12, Photosimulation A of Proposed Telecommunications Site, provides a depiction of the view of the monopole from the intersection of Kirkham Way and Stowe Drive west of the project. As illustrated in Figure 12 the rise of a new linear element is replicating the vertical pattern established by the existing light standards, and the color is consistent with existing structures. 75 of 98 HELIX Environmental Planning September 7, 2021, Item #5Letter to Mr. Darrell Daugherty May 6, 2021 Page 13 of 16 Figures 13 and 14 (Photosimulations Band C of Proposed Telecommunications Site) are taken from east of the project site -immediately east of the driveway, and a bit further east, illustrating the smaller on-site structures and the eastern portion of the property and parking uses, respectively, as well as the existing level of lighting poles and relative height of the monopole. As shown in the simulations shown in all three figures, in the immediate vicinity of the project site, although the form would be notable, the linear nature of the tower would be similar to the light standards seen along Kirkham Way. Further, the new landscaping would provide a buffer at eye level. It would not substantially affect views in the vicinity, would not affect overall scenic quality of this area, and therefore is not assessed as significantly impacting regulations governing scenic quality. Where viewed from parks, trails, and public streets accessing residential areas south of the site, the features of the monopole would be less distinct and blend more naturally with the foreground and middle viewsheds as it would be similar in design and color as the existing light standards along Kirkham Way and the SDG&E transmission towers to the west. This is depicted in Figure 15, Photosimulation D of Proposed Telecommunications Site, which demonstrates that while the tower is more prominent than the existing light standards, the design mimics the existing vertical elements in the area, replicates the linear pattern of the spaced light standards on the project site, and does not have any accentuating features that draw attention. The galvanized steel pole and muted colors of the antennae are similar to the color palette of the onsite landscape and surrounding structures. Even from the relatively close location on the south side of Beeler Canyon (vicinity of Green V Alley Court, off of Old Creek Road) as depicted in Figure 15, it is evident what a small percentage of the view the monopole would comprise. Figure 15 further demonstrates that although visible, even this short distance away it is lesser in scale than the SDG&E transmission towers. It would not substantially affect views toward the industrial park uses and hills beyond, would not affect overall scenic quality of this area, and therefore is not assessed as significantly impacting regulations governing scenic quality. It is also recognized that the project height would exceed the maximum height limit of the underlying zoning. However, given that this is a single linear structure, the monopole is not obstructing or disrupting the overall visual pattern of the area. Views from the south would continue to be of the distant mountains. Additionally, consistent with the City's Wireless Communications Policy, the design of the cellular facility as a monopole integrates architecturally with existing structures such as the light standards onsite and along Kirkham Way and the SDG&E transmission towers. Issue 4: Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area. Upward-pointing or upward-reflected light from outdoor lighting is a significant source of nighttime light. Nighttime light that spills outside of the intended area, can be annoying to neighbors and potentially harmful to motorists, cyclists, and pedestrians. Nighttime lighting can result in skyglow (the brightening of the night sky) and light trespass (a result of spill light shining in undesirable locations). Nighttime lighting in excess of what is necessary for its purpose is called light pollution. Light pollution cannot completely be eliminated, but it can be minimized to help create dark skies and to decrease energy consumption. Glare is the result of sharply reflected light caused by sunlight or artificial light reflecting from highly finished surfaces such as windows or brightly colored surfaces, and from the direct view of a bright, 76 of 98 HELi Environmental Planning September 7, 2021, Item #5Letter to Mr. Darrell Daugherty May 6, 2021 Page 14 of 16 unshielded light source. Glare can be uncomfortable (discomfort glare) or disabling (disability glare). Glare decreases visibility, but the level of receptor sensitivity to glare can vary widely. As previously discussed under the Project Description, the project would result in the removal of an existing light standard and the luminaries and light arm would be replaced on the new monopole. Light emanating from those features would continue to be directed downward for security and in accordance with the City of Poway Municipal Code Chapter 13.15. Any additional lighting would be provided only as required by federal or state agencies. The monopole structure itself would be designed as a vertical element and would be treated with an anti-reflective coating. Therefore, given that: (1) the project would not introduce new sources of lighting other than those required by federal and state agencies; (2) would comply with applicable lighting regulations; and (3) buffer/shield viewers from the antenna and other metal components that might reflect glare; the project would not provide a new source of substantial light or glare and impacts would be less than significant. CONCLUSION The project is an 84-foot monopole and associated small enclosure and fencing constructed in an existing paved parking lot in an area developed with light industrial and business park uses. The surrounding structures, conforming to the existing land use regulations, do not exceed a height of 45 feet; thus, the introduction of this monopole would be a noticeable linear feature of the landscape. Consistent with the goals, policies, and strategies of the City of Poway General Plan, however, the monopole is not proposed in an area noted for scenic value (i.e., significant open space areas and scenic vistas along local scenic roadways; and/or identified mountains, hillsides, or prominent ridgelines). A review of the surrounding land uses within the project viewshed determined that while the monopole would be visible, it would not constitute a significant visual impact because it would not substantially adversely affect a scenic vista, damage scenic resources (including those within state scenic highways), significantly conflict with regulations governing scenic quality relative to their visual effect or create a new source of substantial light and glare. In many instances, views along the multi-use trails would be intermittent and fleeting, views from parks, especially those of the distant mountains would not suffer obstruction of the overall visual pattern, and similarly the monopole would not obscure substantial percentages of seen views. It is therefore not considered dominant. In the great majority of the viewshed (84 percent) intervening topographical features obstruct views to the site. This percentage is increased by landscaping and intervening structures that also provide some shielding and interrupt direct views of the monopole. Therefore, this analysis has determined that the visual impacts as they relate to CEQA are less than significant. 77 of 98 HELIX Environmental Planning September 7, 2021, Item #5Letter to Mr. Darrell Daugherty May 6, 2021 CLOSING Page 15 of 16 We appreciate the opportunity to work with you on this project. Please let me know if you have any questions or require any further information. ·~V}l, ~ ~~ Lisa Kay Capper, J.D. Senior Project Manager Attachments Figure 1: Regional Location Figure 2: Location Map Figure 3: Site Plan -Antenna Plan Figure 4: Site Plan -Elevations Figure 5: Concept Landscape Plan Figure 6: Existing Views -Kirkham Way Figure 7: Existing Views -Kirkham Way /q···--·-, 1·-; <-' r __ ):, / -s,:: .. :::./-{__._...),<(_ __ ~ _) -.... _"'-_,_; ·--~-------~·_,,.,.· Kara Palm Visual Analyst Figure 8: Existing Views -Stonebridge Neighborhood Park Figure 9: Existing Views -Cypress Canyon Park Figure 10: Viewshed Analysis Figure 11: Viewshed Trails Figures 12-15: Photosimulation of Proposed Telecommunications Site 78 of 98 HELIX Environmental Planning September 7, 2021, Item #5Letter to Mr. Darrell Daugherty May 6, 2021 REFERENCES Page 16 of 16 California Department ofTransportation (Caltrans). 2017. List of Eligible and Officially Designated Scenic Highways. California Energy Commission. 2021. Energy Maps of California. Accessed at https://cecgis-caenergy.opendata.arcgis.com/. Poway, City of. 2004. Wireless Communications Policy. 1991. Poway Comprehensive Plan, Volume One -The General Plan. 79 of 98 HELIX Environmental Planning September 7, 2021, Item #50 E---3 E---3 HELIX RIVERSIDE COUNTY SAN DIEGO COUNTY Pacific Ocean 8 Miles I Environmental Planning 80 of 98 .,..l..,..r .. ' FALLB ' ei/1 Lake Kirkham T-Mobile Wireless Telecom Facility / ,:· ,, ' ? ~ ·-··-·.'( ,J k::_ i i (,," } { Regional Location Figure 1 September 7, 2021, Item #5Kirkham T-Mobile Wireless Telecom Facility 0 3,000 Feet E---3 E---3 HELIX Environmental Planning Location Map 81 of 98 Figure 2 September 7, 2021, Item #500 N 0 """' \0 00 HELIX Environmental Planning (N} PHOENIX TOWER INTERNATIONAL ;~~~~:INT OF CONNECTION AT (E) {N) PHOENIX TOWER INTERNATIONAL ~~: T~~~~~;R~OE~NECTION AT (E} SECTOR 1 AZIMUTH320' \._(E)BUILDING~ (E)SEWERLINE.FIELOVERIFYEXACT ~ / 6 LOCATION PRIOR TO CONSTRUCTION t I~;,-6) , ~ . -• ,-cf ii om -I r (E)BUILDING(SHEO) i \l~'-0:S~ "'}\', ~ TRENCHING NOTES !d.;H~~~•~~~~~~~!~:eN:~~e~L ROUTE THROUGH PARKING LOT (SHOWN DASHED) ~~-~:~i::oru~~~~N~~R~~t~NAL ~~~;~;~~~~~s:i.~~v~"i:1;0iREA SCANNED FOR UNDERGROUND IMPROVEMENTS PRIOR TO THE START OF CONSTRUCTION PRIOIITOTI-lESTARTOfCOHSTIU.ICTIOH.Tl-lECONTllACTORSHALlLOCATEAll UNOERGROUNOIMPROV'EMENTS,..Tl-iE\\011.KAII.EA.A.LlEXIST,..GUTILITIES.OEVX::ESNtO STIIUCT\JIIESSHA.Lt&EPIIOTECTEO.IN-Pl.ACE TII.ENCHII.ESTOfV.TIONSHAI.LSEIHACCORDANCEwmtlttECITYOl'PQWt.YMUNICIPAl COOEANOSNtOIEGOREGIOHAI.STNIOAll.0011.AWINGS0-24AN00-250AMAGEO CONCII.ETESIOEWA.LIISOROfl.1\/fWAYSSW.llSEREPLACEOJOINT-TO.JOtHTOTHE SATISl'ACTl(:INOflliECITYENGtfEEII. 1----,:~:::~~:::.:·.::._ I ENGINEERING NOTES: 1 NO EXISTING PARKING SPACES Vv1LL BE USED OR REMOVED BY THIS PROJECT 2 PRIOR TO THE ISSUANCE OF ANY CONSTRUCTION PERMIT THE PERMITTEE SHALL SUBMIT A WATER POLLUTION ;~~~:~~~t~~~E TGH~~~:E~H;FL~~~ ~~~p;;eD IN POWAY STORM WATER STANDARDS \_~,,., PROPERTY LINE. TYP ~/~k~~~~~~~ I APN: 323-501-02 I ,of, ~ ·f SITE PLAN ·N D < ~~ .... ~~::t;;;~~!~::t~::~;J!~~A~~!ciiET L-t SECTOR2 AZIMUTH50' • (E) CONCRETE CURB. ~~:TER & SIDEWALK, {N) PHOENIX TOWER INTERN ... TIONAL 10'-0'"x 15"-0-x :·~~~;/l~~~~-e;:e8~~1~~~~~~~~T ;:;~~:~~~1 (N) PHOENIX TOWER INTERNATIONAL (9) ANTENNAS ~I~~ R:iN~A~~Eu~~: :N~~~~op~~NAiN) 89'-6N MONOPOLE ELEVATION ON SHEET A-2 BOUNDARY NOTE THE PROJECT BOUNDARY SHOWN ON THIS DRAWING IS APPROXIM,&.TE ,&.NO IS 51-10\J\IN FOR REFERENCE ONLY. A COMPLETE BOUNDARY SURVEY WAS NOT PERFORMED Kirkham T-Mobile Wireless Telecom Facilit Source: PLANCOM, Inc 2019 Site Plan -Antenna Plan Figure 3 September 7, 2021, Item #500 w ...... U) 00 HELIX EnvironmtntalPlanning ~ (N) PHOENIX TOI/VER INTERNATIONAL (9) ANTENNAS (SHOWN SHADED) & (6) RRU RADIO UNITS (SHOWN DASHED) MOUNTED ON A (N) a.4'-0-HIGH MONOPOLE (N) PHOENIX TOVVER INTERNATIONAL 10'-0" x 15'·0" )( 8'-0" HIGH SPLIT-FACE CONCRETE BLOCK EQUIPMENT ENCLOSURE FOR T•MOBILE AT GRADE (N) 8'-0-HIGH WROUGHT IRON FENCE \IVITH SCREENING VINES. SEE CONCEPT LANDSCAPE PLAN SHEET L-1 (E) WROUGHT IRON GATE (TYPICAL) (E)GRADE NORTH ELEVATION (ALTERNATE) SCALE: 118"• 1'-0" (E) CONCRETE BLOCK WALL TO REMAIN Kirkham T-Mobile Wireless Telecom Facilit {N) PHOENIX TOWER INTERNATIONAL (9) ANTENNAS (SHOWN SHADED) & (6) RRU RADIO UNITS (SHOV.,., DASHED) MOUNTED ON A (N) 84'·0" HIGH MONOPOLE llll'F'illlir'll,,l==rn-------- (E)GRADE (N) PHOENIX TOWER INTERNATIONAL 10'-0" x 15'-0" x 8'-0" HIGH SPLIT-FACE CONCRETE BLOCK EQUIPMENT ENCLOSURE FORT-MOBILE AT GRADE. EAST ELEVATION (ALTERNATE) SCALE: 1/8" • 1'-0" Source: PLANCOM, Inc 2019 Site Plan -Elevations Figure 4 September 7, 2021, Item #500 ~ 0 ...., \.0 00 HELIX Environmental Planning PROPERTY LINE, TYP. Kirkham T-Mobile Wireless Telecom Facilit KIRKHAM WAY -· -· -· ·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-•-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·- (N) PINUS HALEPINEIS (ALEPPO PINE) (E) CONCRETE CURB. SCREENING TREE, (TYPICAL OF 5). GUTTER & SIDEWALK. 48-INCH BOX AT PLANTING. TYP. ~~ -e-15-n:_ ___ o ____ :'._7() LJ O I "\_-1El.VEHICLE STORAGE AREA Offe;! ~ 0/§ 1~ N I LANDSCAPING NOTES: 1 NEW IRRIGATION HEADS SHALL BE TIED INTO THE EXISTING CITY OF POWAY IRRIGATION SYSTEM 2. SPECIES TYPE AND QUANTITY IS SUBJECT TO APPROVAL BY THE CITY OF POWAY. Source: PLANCOM, Inc 2021 Concept Landscape Plan Figure 5 September 7, 2021, Item #500 u, 0 -ti \0 00 a, ~ 0) $ ~ ~ ~ <.) a: Kirkham T-Mobile Wireless Telecom Facility Looking Southwest across the Project site from Kirkham Way at the Project site Frontage HELIX Existing Views -Kirkham Way Environmental Planning Figure 6 September 7, 2021, Item #5-~ 2 >-r--.. ·u C Q) ro ·c:;;; !I-u. u ~ :J E b.O 0 (I) u::: u ·a Q) E ~ ct V) (I) C V) Q) £ ~ E .c 3 g ~ ~ .... :.a >-·-0 ~ ~ 0 f-!. ~ E E ro Cit .c 0 ~ -t: ..c :;2 ~ ~ a, C ·-3 > 0 "O Cl -V) C (I) ~ ·-.,._ 0) Cit ·-C >< :s2 0 w 0 _J 86 of 98 September 7, 2021, Item #500 -.J 0 """' \0 00 ex:, ~ 0-, s ~ ~ C ~ u ~ :g .s Kirkham T-Mobile Wireless Telecom Facility View from Stonebridge Neighborhood Park looking Northwest towards the Project site HELIX Environmental Planning Existing Views -Stonebridge Neighborhood Park Figure 8 September 7, 2021, Item #500 00 0 -ti \0 00 a, ~ 0\ s ~ ~ 0 ~ <.J ~ :g ·'= <: i a ~ J 0\1 5 ~ ~ g' ~ g: .$ I § ~ ~I ~ G ~ i5::' 0 ~ 0 Kirkham T-Mobile Wireless Telecom Facility View from Cypress Canyon Park looking Northeast towards the Project site !.._ ____________________________________________________________________________________ ___. HELIX Environmental Planning Existing Views -Cypress Canyon Park Figure 9 September 7, 2021, Item #500 \.0 ~ 3 Mile Buffer ~ Viewshed 3,500 Feet ~E--3~-..,.E--3-..-----, HELIX Viewshed Analysis Envlronmenta/Plannlng Figure lO September 7, 2021, Item #5\0 0 -t\ \0 00 ..... , I 3,000 Feet ! ,-E----3--,-"TE----3--,----, 'f HELIX Environmental Planning ... ,..."-'"' / --=~~.'-\'(! r, I ~ . -,, ' ~ ,1;_:., Ro11d ~ r ~-=,,,. .. :,._ ("'·~ i. ( . '\\ -/ ti ,·, ' \ I I I __J / I j 1.--1 ... ,., ] .,.·,,·-',r'. /' ,,../1/ _:.., J i' I . ,..,-" ' f /( ': ' ·, CQ 3MileBuffer ''· 11 Q Project Site J Municipal Boundary / \ / '1 San Diego County Trails -Viewshed Source: Trails (County of San Diego) Viewshed Trails Figure 11 September 7, 2021, Item #5ID -0 -ti ID 00 CQ ~ .... ~ ~ "' ~ (, ct :g .s ~ El ! ~ E' i E: ~I s E ~ gl $ 1 ~ I ~ ~ o' ~ ~ Cl.. i E' ~ £ ~ E ~ 0 ! Kirkham T-Mobile Wireless Telecom Facility E/J~'f11 ;, Looking at the Project site from the Intersection of Kirkham Way and Stowe Drive Proposed monopole~ oenix Tower 2021 HELIX Environmental Planning Photosimulation A of Proposed Telecommunications Site Figure 12 September 7, 2021, Item #5\0 N 0 ..... \0 00 a:, ~ ..... ~ ~ "' C) :'.1 u 1i: :g .!;, ~ E' E 8 ~ E' ~ 0 t ::i' s ~ ~ g' :S g: ~ I j ~ a' "" :::: 1i: i E' ~ ~ 1'i:' f ~ 0 ~ Kirkham T-Mobile Wireless Telecom Facility ::t Looking Southwest at Project site along Kirkham Way .._ m••-•----------Proposed equipment enclosure HELIX Environmental Planning Photosimulation B of Proposed Telecommunications Site Figure 13 September 7, 2021, Item #5'° w 0 ..., '° 00 cc, ~ .... ~ ~ IJ") C, ~ \.J ~ ::g .£ ~ V) El E .§ ~ El ~ 0 it ';!,I 5 ~ ~ gl $ 1 I ~ ~ ~ ~I i i El ~ £ c;::-0 ~ 0 ~ Kirkham T-Mobile Wireless Telecom Facility Looking West down Kirkham Way towards Project site Proposed monopole~. Source: Phoenix Tower 2021 HELIX Environmental Planning Photosimulation C of Proposed Telecommunications Site Figure 14 September 7, 2021, Item #5\.0 ~ 0 -ti \.0 00 a, ~ ... ~ ~ "' ~ u ~ :g .!:, .~ V) E' E ~ ~ E' t ct ~I ~ 0 i ]1 $ ct ! ~ ~ ~ o' ~ ~ i El ~ ~ 0::-;0 ~ 0 r Kirkham T-Mobile Wireless Telecom Facility 3/1~I!JJ0 Looking Northeast from Beeler Canyon Road towards Project site Proposed monopole~ .:..: Source: P oenix Tower 2021 HELIX Environmental Planning Photosimulation D of Proposed Telecommunications Site Figure 15 September 7, 2021, Item #5'° u, 0 ~ '° 00 )> -I -I )> n ::c s: m z -I r- These simulations are intended for graph to be part of or to replace the informatio 4/26/2021 Proposed monopole Proposed equipment enclosure Proposed landscaping Kirkham T-Mobile 5D07954 1 13875 Kirkham Way Poway, CA 92064 San Diego County PHOENIX TOWER IMfl .HA.flONA.l Photosimulation of proposed telecommunications site September 7, 2021, Item #5Proposed monopole------------.. These simulations to be part of or to rep 4/26/2021 Kirkham T-Mobile 5D07954 13875 Kirkham Way Poway, CA 92064 1 San Diego County PHOENIX TOWER Photosimulation of proposed telecommunications site September 7, 2021, Item #5,... -:J5;I 1/J Proposed monopole --------------- These simulations are intended for graphical p to be part of or to replace the information prov 4/26/2021 Proposed additional landscaping Kirkham T-Mobile SO07954 13875 Kirkham Way Poway, CA 92064 San Diego County Photosimulation of proposed telecommunications site September 7, 2021, Item #5~ -~l:JI!.1 J Ci \0 00 0 ..., These simulations are intended for graphical purposes only and not intended to be part of or to replace the information provided on the construction drawings 4/26/2021 Proposed monopole-------------.. Kirkham T-Mobile SO07954 13875 Kirkham Way Poway, CA 92064 San Diego County PHOENIX TOWER IN fl .NAT IO N'4.l Photosimulation of proposed telecommunications site September 7, 2021, Item #6DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA REPORT City of Poway September 7, 2021 Honorable Mayor and Members of the City Council Aaron Beanan, Director of Finance ~ Aaron Beanan, Director of Finance (858) 668-4411 or abeanan@poway.org CITY COUNCIL Set Public Hearing for Proposed Four-Year Water, Recycled Water, and Wastewater Rates The City previously adopted new rate structures and two-year rate increases for water, recycled water, and wastewater rates on March 3, 2020 that were effective for calendar years 2020 and 2021. After a review of water, recycled water, and wastewater projections, new rate increases are needed to ensure the financial sustainability of the enterprise systems. This staff report recommends setting the public hearing date on November 2, 2021 for proposed four-year rate increases for water, recycled water, and wastewater rates. The focus of this staff report will be the drivers of the proposed rate increases. Recommended Action: It is recommended that the City Council direct staff to set the public hearing for November 2, 2021 and proceed with the Proposition 218 process which includes mailing the notice of public hearing to ratepayers (Attachment A) pursuant to California law. Discussion: On March 3, 2020, the City adopted new rate structures and two-year rate increases for water, recycled water, and wastewater rates that were effective for calendar years 2020 and 2021. After a review of water, recycled water, and wastewater projections, new rate increases are needed to ensure the financial sustainability of the enterprise system. This staff report will focus on what is driving the proposed four-year rate increases. Proposed Water Rates Four-year revenue increases of 10% in January 2022, 9% in January 2023, 8% in January 2024, and 8% in January 2025 are being proposed for water to cover the increasing costs of providing safe, reliable water on demand to ratepayers. The increases are necessary to fund the costs of imported water, capital expenses, operational expenses, and appropriate reserve levels. Staff will discuss the rate drivers and reasons behind the proposed four-year increases, instead of proposed two-year increases, below. 1 of 18 September 7, 2021, Item #6Imported Water: One of the largest factors driving the proposed revenue increases is imported water costs. San Diego County has a semi-arid climate. Before 1947, the San Diego region relied on rainfall and groundwater to meets its water needs (San Diego County Water Authority "SDCWA", Urban Water Management Plan 2010). As the economy and population grew, local water resources became insufficient to meet the region's water supply needs and required imported water from hundreds of miles away to support the growth. Much of the region's water is imported from northern California near San Francisco and Sacramento (i.e. the Bay-Delta). Importing water is very energy intensive. Over time, the cost to transport this water increases as factors like energy prices increase. Investment by SDCWA into regional water supply and infrastructure projects to reduce reliance on imported water and mitigate the effects of natural disasters, such as earthquakes, is also expensive. For example, SDCWA's investment into the Claude "Bud" Lewis Desalination Plant cost close to $1 B, but it gave the region a new drought-proof, locally controlled supply of water. Imported water represents almost 60% of water operating costs. When imported water costs increase, this impacts City of Poway water rates. The average SDCWA rate and charge increase to the City is 6.87% for calendar year 2022. SDCWA used reserves to temper this increase, otherwise it would have been greater. Their rate increase was driven by an average rate and charge increase of 8.16% from the Metropolitan Water District (MWD), one of SDCWA water suppliers, and the Quantification Settlement Agreement (QSA) increase of 4.1 %. The QSA is a long-term water supply reliability project that secured a major water supply source for San Diego County through the Imperial Irrigation District water transfer. While imported water costs continue to increase, the settlement payment from SDCWA's lawsuit with MWD should provide long-term benefits to member agencies in the San Diego County region. In THE MWD SETTLEMENT PROVIDES AN ESTIMATED $20 BIMONTHLY BENEFIT TO THE AVERAGE RESIDENTIAL CUSTOMER. February 2021 the SDCWA Board of Directors announced the distribution of $44.4 million to its 24 member agencies after receiving the settlement payment from MWD lawsuit. The settlement was the result of SDCWA's decade-long rate case litigation seeking to compel MWD to set legal rates and repay overcharges. SDCWA won several issues it was litigating, which will help avoid future overcharges. According to SDCWA, those charges, had they continued, would have cost San Diego County residents over $500 million over the life of the SDCWA water delivery contract with MWD. Poway's share of this settlement was $1,167,915. To understand the positive impact this has on the average residential customer, the potential rate increase needed with and without the MWD settlement was analyzed. This was done by looking at the projected ending position for FY 2021-22 with the MWD settlement and then increasing rates until the same projected ending position was achieved without the MWD settlement. If the City did not receive the MWD settlement, an 18% increase would have been needed, or 8% more than the current proposed rate increase, for calendar year 2022. The $1,167,915 settlement translates to roughly $20 in bimonthly savings for the average residential customer who has a¾" meter and uses 37 units of water bimonthly. Water Capital Improvement Program: The other primary proposed rate increase driver is the City's capital projects. The City of Poway's water system includes over $64M in infrastructure necessary to provide associated services. This 2 of 18 September 7, 2021, Item #6infrastructure includes water assets to transport water from the SDCWA's system to the City's system, assets to treat the water to safe drinking levels, and assets to deliver safe, reliable water on demand to each ratepayer's property. The following are some facts about the water system: • 294 miles of transmission and distribution pipelines • 5,044 water valves, 21 pressure reducing stations and 14 pump stations (designed to raise water to higher elevations) • 19 reservoirs (Lake Poway holds ~one billion gallons of water) • One 24 million gallon/day water treatment plant • 2,435 fire hydrants • Approximately 45,000 tests are performed annually to ensure Poway water meets or exceeds the State and Federal standards for water quality The capital projects are currently proposed to cost approximately $63.2M ($56.7M related to the Water Program) over the next 5 years, or slightly more than $12.6M per year on average, not including the $13.7M ($12M related to the Water Program; $0.8M was incurred prior) in FY 20-21 projects. Historically the City has rate-funded its water capital projects. Rate-funded capital projects are paid for via rates or reserves, not debt. However, as previously discussed at the City Council Meetings on March 18, 2020, June 16, 2020, October 20, 2020, November 17, 2020, March 16, 2021, April 20, 2021, June 1, 2021, July 20, 2021, and August 17, 2021, to improve the reliability, redundancy and resiliency of Poway's water system, the City is embarking on a significant Water Infrastructure Improvement Program (Water Program). The Water Program is comprised of the Clearwell Bypass, the Clearwell Replacement, and the SDCWA Treated Water Connection projects. Preliminary work on these projects has already begun with the completion estimated in FY 2025-26, or roughly 5 years from now. The total cost of this program is anticipated to cost $69.SM. As discussed in the November 17, 2020 staff report, there are several approaches to financing these projects. For example, they can be financed using a pay-go approach (using cash on hand and yearly rate increases to provide the necessary cash flow). They can also be debt or grant funded or a combination of all three. As staff had indicated in that report, comparing cash on hand to the estimated cost of the projects helps determine which funding option may be most appropriate. When cash on hand exceeds the estimated cost of the proposed project, there is a strong argument for pay-go financing. When the estimated cost of the THE LARGEST WATER RATE DRIVERS INCLUDE IMPORTED WATER COSTS AND CAPITAL PROJECTS. proposed capital projects exceed cash on hand, there is a strong argument for debt financing. As detailed above, current cost estimates for the Water Program are $69.5 million, which exceed the current cash on hand (approximately $11 million on hand in the Water Operations Fund as of June 30, 2020). Another factor to consider when specifically looking at capital projects financed by water ratepayers is how pay-go financing impacts the annual water rates. Water rates could be increased over the next three to five years to finance the program. However, based on the estimated cost of the Water Program the annual increases to ratepayers would likely be so large that it would be financially unfeasible for many ratepayers. This would create an undue burden on ratepayers and impact the sustainability of the water enterprise. To raise $69.5M over the next 5 years, the City would need to substantially increase rates to fund these projects. The assumptions used to estimate the required rate increases included the cashflow timing, leaving at least $2M in reserves for emergencies (well below the target reserve of 120 days of 3 of 18 September 7, 2021, Item #6operating expenditures, or approximately $1 OM), and returning reserves to targeted levels by FY 2025-26. Based on these assumptions, four-year revenue increases of 45% in January 2022, 15% in January 2023, 10% in January 2024, and 10% in January 2025 would be needed. Since the rate increases were being used to fund one-time projects, a 25% decrease in rates would need to occur in January 2026 to ensure funds were not being over-collected from ratepayers at the completion of the projects. The following table shows the estimated bimonthly impacts to the average residential customer by year. Table 1a: Estimated Pay-Go Residential Impacts {Not Recommended) Pay-Go Funding Option Existing Jan. 2022 Jan. 2023 Jan.2024 Jan. 2025 Revenue Increase(%) N/A 45% 15% 10% 10% Estimated Water Bill1 $249.33 $362.62 $418.38 $461.73 $509.45 Impact($) N/A $113.29 $55.76 $43.35 $47.72 1. Assumes the average residential customer has a¾" meter and uses 37 units of water bimonthly. As the table shows, the average residential customer would be paying over $260 more per bimonthly billing period for water in January 2025. The following table shows the estimated bimonthly impacts to the average non-residential customer by year. Table 1 b: Estimated Pay-Go Non-Residential Impacts {Not Recommended) Pay-Go Funding Option Existing Jan.2022 Jan.2023 Jan.2024 Jan. 2025 Revenue Increase(%) N/A 45% 15% 10% 10% Estimated Water Bill1 $860.95 $1,588.90 $1,814.91 $1,982.96 $2,165.11 Impact($) N/A $727.95 $226.01 $168.05 $182.15 1. Assumes the average non-residential customer has a 1" meter and uses 148 units of water bimonthly. As the table shows, the average non-residential customer would be paying over $1,304 more per bimonthly billing period for water in January 2025. These short-term rate spikes would put significant burden on residents and businesses impacting their ability to pay and the sustainability of the water enterprise. Additionally, current ratepayers, instead of all ratepayers who will be benefiting from them, would be completely funding improvements that are expected to last upwards of 50 years. Proposed Water Revenue Bond Issuance: Based on the potential cost of the Water Program and the impact to ratepayers under a pay-go approach as described above, debt financing is a reasonable solution. Debt financing provides the cash upfront to construct the projects while spreading the repayments out over a longer time horizon. This helps create intergenerational equity by aligning the Water Program costs to the people who benefit from the projects. When debt is issued, current ratepayers would not be responsible for fully funding projects today that will have a useful life beyond 30 years. In order to understand how issuing debt for the Water Program could impact rates, Fieldman Rolapp & Associates, Inc. ("Fieldman"), the City's municipal advisor, put together three projected debt issuances to provide financing for the Water Program. These were also reviewed by the City's underwriter, Stifel, Nicolaus & Company, Inc. ("Stifel"), to ensure consistency with their view of current market conditions. Three series of debt are proposed to match the potential debt issuances to the cash flow timing of the projects. The three phases would include a 2021, 2023, and 2024 series of debt to generate $14.8M, $30.3M, and $24.5M respectively. Market conditions were projected out for each of the three series and include buffers, similar to the contingency used for construction projects, to 4 of 18 September 7, 2021, Item #6allow for adverse market changes (e.g. rising interest rates over time). For example, Series 2021 includes a 25 basis point ("BP", 100 BPs = 1 %) buffer, the Series 2023 include a 75 BP buffer, and the Series 2024 include a 125 BP buffer over August 20, 2021 market rates. The projected annual debt service for the three series of debt would total approximately $3.8M. Given the timing of the proposed issuances to accommodate the cash flow needs of the Water Program, staff is recommending four-year rate increases this rate setting cycle. This will give investors assurances that the City will have a sufficient revenue stream to pay the annual debt service. The longer the term of an approved rate increase, the more comfortable investors are debt service will be paid. This generally translates to a lower total cost of debt as they are more willing to accept a lower interest rate given the perceived risk of the deal is lower. Staff believes a four-year rate increase strikes a good balance between investor DEBT FINANCING MINIMIZES NEAR~ERMIMPACTSTO RATEPAYERS AND CREATES INTERGENERATIONAL EQUITY. preferences and flexibility. The four-year period is long enough to increase investor confidence while still short enough to allow rate changes if future projections are different than anticipated. As part of a revenue bond issuance, the City will also seek a credit rating for the water enterprise. A high credit rating can also positively impact the cost of debt. In general, the higher the underlying credit rating the lower the cost of debt, all else being equal. The longer four-year rate increase cycle gives rating agencies the assurances the water enterprise can meet its anticipated obligations over the near-term. This in turn would help strengthen the credit of the water enterprise helping promote a lower cost of debt. The proposed revenue increases of 10%, 9%, 8%, and 8% over the next four years include estimates to finance the $69.5M Water Program estimate using water revenue bonds. The following table shows the estimated bimonthly impacts of the proposed increases to the average residential customer by year. Table 2a: Estimated Residential Impacts of Water Program Debt Funding (Recommended) Debt Funding Option Existing Jan. 2022 Jan. 2023 Jan. 2024 Jan. 2025 Revenue Increase(%) N/A 10% 9% 8% 8% Estimated Water Bill1 $249.33 $275.08 $300.70 $325.90 $353.09 Impact($) N/A $25.75 $25.62 $25.20 $27.18 1. Assumes the average residential customer has a¾" meter and uses 37 units of water bimonthly. As the table shows, the average residential customer would be paying over $103 more per bimonthly billing period for water in January 2025. However, this is approximately $157 less than what they would be paying if the City pursued a pay-go financing approach for the Water Program as shown in Table 1 a. The following table shows the estimated bimonthly impacts of the proposed increases to the average non-residential customer by year. Table 2b: Estimated Non-Residential Impacts of Water Program Debt Funding (Recommended) Debt Funding Option Existing Jan. 2022 Jan.2023 Jan.2024 Jan. 2025 Revenue Increase(%) N/A 10% 9% 8% 8% Estimated Water Bill1 $860.95 $1,204.98 $1,304.34 $1,399.29 $1,500.01 Impact($) N/A $344.03 $99.36 $94.95 $100.72 1. Assumes the average non-residential customer has a 1" meter and uses 148 units of water bimonthly. 5 of 18 September 7, 2021, Item #6As the table shows, the average non-residential customer would be paying over $639 more per bimonthly billing period for water in January 2025. However, this is approximately $665 less than what they would be paying if the City pursued a pay-go financing approach forthe Water Program as shown in Table 1 b. This rate increase structure helps smooth the rate increases to current ratepayers which helps reduce the burden on residents and businesses and increases the sustainability of the water enterprise. Additionally, the payment for the improvements is more closely aligned to the ratepayers benefiting from the improvements as they are expected to last upwards of 50 years. This promotes intergenerational equity. As discussed above, the debt estimates include projections for future market conditions to allow for adverse market movements. If the market is more favorable when debt is issued, it lowers the cost of debt and the annual revenue needed to support the annual debt service payments. Additionally, the City is scheduled to receive a $1 M grant from Congressman Scott Peters office for use towards the Clearwell Bypass portion of the Water Program. The City should receive official word on whether it will THE PROPOSED RATES ARE MAXIMUMS. THEY CAN BE ADMINISTRATIVELY REDUCED BASED ON ACTUAL NEED. be awarded this grant later this year. City staff is committed to pursuing every available grant opportunity these projects may be eligible for. Additionally, the $1 trillion Federal Infrastructure Bill approved by the Senate on August 10, 2021, if passed by the House and signed by the President, could also impact the necessity of future debt issuances. Each of these can decrease the proposed revenue increases over the four-year rate setting cycle. For example, if debt issuance costs are lower than anticipated, less revenue is needed to ensure the City's ability to pay the annual debt service. If the grant is received or the City receives money from an adopted Infrastructure Bill it would help reduce the amount of debt issuance anticipated in turn reducing the required rate increase. Pursuant to the California Constitution, rates cannot be increased beyond the rates established upon the conclusion of the Public Hearing without proceeding through the Proposition 218 process again. However, rates can be administratively reduced at a staff level if the adopted rates increases are too high. Staff will analyze the necessity of the proposed rates, if adopted, each year to ensure ratepayers are not being charged more than necessary. The proposed rate increases ensure the Water Enterprise has the solutions in place to ensure financing for the Water Program but do not preclude the pursuit of other financing options as the Water Program projects progress over the next several years. Looking at potential rate increases without the Water Program helps people understand the impact of the Water Program on the proposed rate increases. If the Water Program did not exist, increases of 7%, 7%, 7%, and 5% as shown in the following table would be necessary to fund the costs of imported water, capital expenses, operational expenses, and appropriate reserve levels. The table also shows the estimated bimonthly impacts of the proposed increases to the average residential customer by year. Table 3a: Estimated Residential Impacts Without Water Program Without Water Program Existing Jan. 2022 Jan.2023 Jan.2024 Jan. 2025 Revenue Increase(%) N/A 7% 7% 7% 5% Estimated Water Bill1 $249.33 $267.72 $287.30 $308.51 $324.96 Impact($) N/A $18.39 $19.58 $21.22 $16.45 1. Assumes the average residential customer has a¾" meter and uses 37 units of water bimonthly. As the table shows, the average residential customer would be paying over $75 more per bimonthly billing period for water in January 2025. However, this is approximately $185 less than what they 6 of 18 September 7, 2021, Item #6would be paying if the City pursued a pay-go financing approach for the Water Program as shown in Table 1 a or approximately $28 less than if the City pursued a debt financing option as shown in Table 2a. The following table shows the estimated bimonthly impacts of the proposed increases to the average non-residential customer by year. Table 3b: Estimated Non-Residential Impacts Without Water Program Debt Funding Option Existing Jan. 2022 Jan.2023 Jan.2024 Jan. 2025 Revenue Increase(%) N/A 7% 7% 7% 5% Estimated Water Bill1 $860.95 $1,173.39 $1,246.83 $1,325.52 $1,382.05 Impact($) N/A $312.44 $73.44 $78.69 $56.54 1. Assumes the average non-residential customer has a 1" meter and uses 148 units of water bimonthly. As the table shows, the average non-residential customer would be paying over $521 more per bimonthly billing period for water in January 2025. However, this is approximately $783 less than what they would be paying if the City pursued a pay-go financing approach for the Water Program as shown in Table 1 b or approximately $118 less than if the City pursued a debt financing option as shown in Table 2b. Therefore, pursuing the $69.5M Water Program to improve the reliability, redundancy and resiliency of Poway's water system costs the average residential customer approximately $28 more per bimonthly billing period in January 2025 and the average non-residential customer approximately $118 more per bimonthly billing period. Given the benefits afforded by debt financing the Water Program, staff believes this is the least impactful and most equitable approach to funding the Water Program. Staff will return to Council for their consideration of a 2021 series debt issuance on October 19, 2021. IMPORTANT This recommendation does not obligate the Council to issue debt and does not authorize the issuance of debt. By law, Council must approve the issuance of debt. Staff will return to Council for their consideration of any debt issuances related to the Water Program. Proposed Fixed/Variable Ratio Adjustment: Over the course of the workshops leading up to the March 3, 2020 Public Hearing (October 15, 2019 and November 19, 2019) for the current rates, staff discussed the importance of the fixed/variable ratio. The fixed/variable ratio reflects the amount of revenue collected between fixed charges which are not dependent on water usage and volumetric, or variable, charges which are dependent on water usage. This ratio is important for understanding the level of revenue stability. The more revenue is collected via a fixed charge, the less likely the water system will be impacted by changes in ratepayer usage. For example, the more INCREASING THE FIXED/VARIABLE RATIO SLOWLY BALANCES SUSTAINABILITY WITH RATEPAYER IMPACTS. revenue that is collected via fixed charges, the less likely a water system will be to increase rates in times of conservation as less of its revenue is affected by decreased demand, all else being equal. Under the prior rate structure, the fixed/variable ratio was 16/84%. At the Public Hearing on March 3, 2020 a fixed/variable ratio of 20/80% was approved to start increasing the amount of revenue 7 of 18 September 7, 2021, Item #6collected via fixed charges. A higher ratio was not selected at that time due to the potential impacts on lower volume users though discussions were had discussing the importance of slowly raising this ratio over time. As such, Council directed staff to slowly increase the fixed/variable ratio with each subsequent rate setting process. The proposed four-year water rate structure includes small adjustments to the ratio each year. The following table shows the changes to the fixed/variable ratio over the proposed four-year rates. Table 4: Estimated Fixed/Variable Ratio {Recommended) Existing Jan. 2022 Jan. 2023 Jan.2024 Jan.2025 Proposed Revenue Increase(%) N/A 10% 9% 8% 8% Fixed Charge (% of total revenue) 19.22%1 20.16% 21.21% 22.28% 23.39% Variable Rate(% of total revenue) 80.78% 79.84% 78.79% 77.72% 76.61% 1. The currently approved fixed/variable ratio is 20/80%. However, the actual ratio is impacted based on things like water sales. The actual ratio will always be slightly different than the projected ratio. As the table shows, the fixed charges are being increased each year to a level such that the fixed portion of the fixed/variable ratio increases by approximately 1 % each year. This means the fixed charges will increase at an amount greater than the proposed revenue increase each year while the variable rates will increase at an amount less than the proposed revenue increases. For example, the bimonthly fixed charge for a¾" meter is currently $58.13. In January 2022 it is proposed to increase to $67.15, or by $9.02 (15.5%) bimonthly. If the fixed charge were increased solely by the proposed revenue increase, it would increase to $63.95 in January 2022, or $5.82 (10%) bimonthly. The additional $3.02 bimonthly in this example for a¾" meter is what helps increase the revenue collected from fixed charges by approximately 1 % each year. To help ensure revenue is not over-collected, the variable rates are increased at a lower rate. For the variable rates, a 10% increase would increase the current Tier 1 residential rate from $4.80/unit to $5.28/unit. Instead, the Tier 1 residential rate is only increased to $5.22/unit, or 8.75%. At the end of the proposed four-year rate cycle, the fixed/variable ratio will be approximately 23%177%, or roughly 4% more than they are today. The following two tables provide more detailed information on the estimated residential impacts of adjusting the fixed/variable ratio. Table 4a: Estimated Impacts of Keeping the Existing Fixed/Variable Ratio Jan.2022 Increase from Increase from Existing (Same FN Ratio) Existing($) Existing(%) FixedNariable Ratio 19.22/80.78% 19.22/80.78% Fixed Charge $58.13 $63.95 $5.82 10% Variable Charges $191.20 210.32 $19.20 10% Total Estimated Bill1 $249.33 274.27 $24.94 10% 1. Assumes the average residential customer has a¾" meter and uses 37 units of water bimonthly. Table 4b: Estimated Impacts of Increasing the Existing Fixed/Variable Ratio Jan.2022 Increase from Increase from Existing (Increased FN Ratio) Existing($) Existing(%) FixedNariable Ratio 19.22/80.78% 20.16179.84% Fixed Charge $58.13 $67.15 $9.02 15.5% Variable Charges $191.20 $207.93 $16.73 8.75% Total Estimated Bill1 $249.33 $275.082 $25.75 10.3%3 2. Assumes the average residential customer has a¾" meter and uses 37 units of water bimonthly. 3. Matches Table 2a estimated residential impacts for January 2022. 4. Total percentage change slightly higher than 10% due to rounding. 8 of 18 September 7, 2021, Item #6Proposed Wastewater Rates Four-year rate increases of 4.0% in January 2022, 2023, 2024, and 2025 are being proposed for wastewater to cover the increasing costs of providing safe, reliable wastewater services to ratepayers. The increases are necessary to fund the costs of wastewater treatment, capital expenses, and operational expenses. These proposed rate increases reflect the use of reserves to temper the impacts to ratepayers. Funds to cover Poway's estimated share of the San Diego Pure Water project were set aside as part of a strategic financial management decision to help mitigate the impacts to ratepayers and is more fully discussed below. Wastewater Treatment: The most significant rate driver for the proposed revenue increases is wastewater treatment costs. Wastewater treatment represents almost 43 percent of all operating expenses. When wastewater treatment costs increase, this impacts City of Poway wastewater rates. The largest factor increasing wastewater treatment costs is the San Diego Pure Water project. San Diego's Pure Water project is a THE LARGEST WASTEWATER RATE DRIVERS INCLUDE WATER TREATMENT COSTS AND CAPITAL PROJECTS. multi-year project that is projected to supply one-third of San Diego's water supply locally by 2035. Based on projections from May 2020, Poway's estimated share of the project is over $4 million annually for the next five years. However, several years ago staff began incorporating these costs into rates as part of a long-range financial management strategy to mitigate the impacts of this project to ratepayers. Funds collected have been set aside in reserves. As such, a combination of reserve drawdowns and rate increases will be used over the coming years to temper the impacts to ratepayers. Additionally, a wastewater treatment plant is designed to treat certain types of waste. As people dispose of pharmaceuticals, food waste, cooking oil, industrial chemicals, etc. down the wastewater system, the treatment process gets extended which increases costs. Wastewater Capital Improvement Program: The next largest factor driving the proposed revenue increases is rate-funded capital improvement projects. Rate-funded capital is paid for via rates or reserves; no debt is currently used to fund capital projects. The City of Poway's wastewater system includes over $36 million in infrastructure necessary to provide associated services. Rate funded capital is also being proactively invested in the rehabilitation and repair of the wastewater infrastructure to ensure Poway continues to provide safe, reliable, and affordable wastewater services. Wastewater infrastructure includes infrastructure to transport wastewater from the city to various treatment plants within the County of San Diego in a safe and reliable manner including over 186 miles of wastewater pipes, five lift stations (designed to raise wastewater material to a higher elevation), and over 4,000 maintenance covers. Rate-funded capital is currently proposed at approximately $5.7 million over the next five years, or slightly more than $1 million per year on average. Table 4 shows the estimated bimonthly impacts of the proposed four-year increases to the average residential customer by year. [Remainder of page intentionally left blank] 9 of 18 September 7, 2021, Item #6Table 4: Estimated Residential Impacts (Recommended) Proposed Increases Existing Jan. 2022 Jan. 2023 Jan.2024 Jan.2025 Rate Increase(%) N/A 4% 4% 4% 4% Estimated Water Bill1 $98.21 $102.20 $106.23 $110.60 $115.03 Impact($) N/A $3.99 $4.03 $4.37 $4.43 1. Assumes the average residential customer has 15 units of winter wastewater flow bimonthly. As the table shows, the average residential customer would be paying over $16 more per bimonthly billing period for wastewater in January 2025. Given the number of non-residential wastewater categories the impacts were not analyzed as an average grouping is less obvious on the wastewater side. Community Outreach To help the community understand the impacts of the proposed four-year rate increases, staff updated the residential bill estimator tool (https://poway.org/175/Rates-Fees). This will help evaluate how the proposed increases impact their specific usage patterns. This tool, as well as information specifically about the majority-protest public hearing, and proposed rates, was posted to the homepage of the City's website and the Water and Sewer Services section of the Finance Department webpage. This information was also actively communicated to the public via the City's Nextdoor public agency account, its City of Poway Facebook page, its City of Poway Twitter account, and the Poway Today e-newsletter. Utility Assistance Programs The COVID-19 pandemic has impacted people throughout the country. A variety of policies and programs have been put in place to aid those impacted by the pandemic. For example, the State of California declared through Executive Order No. N-42-20 issued on April 2, 2020 that residential customers and certain business customers could not have service discontinued or be shut-off for utility non-payment. Based on the City's normal policies, a total of 2,007 accounts could have been tagged due to non-payment. Tagging is the precursor to discontinuing service. The tags would have created additional fees for ratepayers. Since the City was not discontinuing service it would not be tagging ratepayers. The savings to ratepayers for these fees cannot be reasonably estimated due to several factors leading to the tag fee charged. The City went beyond the State's prescription and extended the shut off moratorium to all Poway ratepayers. Another example of the City going beyond the State's policy is the waiver of late fees. The City has been waiving late fees since the beginning of the pandemic even though it has not been required by the State. The City has waived 7,747 late fees totaling over $232k between March 18, 2020 and June 30, 2021. Late fees were resumed on July 1 consistent with the timing of the State's reopening plan. Given a full economic recovery will take time and there are still customers that are experiencing financial uncertainty, there are several programs to help provide assistance. The State of California is currently putting together a California Water and Wastewater Arrearage Payment Program based on the $985M received from federal funding. This funding will help cover water debt from residential and commercial customers accrued between March 4, 2020 and June 15, 2021. If the program still has funding available, it will extend to wastewater residential and commercial arrearages as well. While this program is not fully operational yet, it is anticipated to provide relief to Poway ratepayers. Once the program is operational, applicable Poway ratepayers will be notified about how it can benefit them. 10 of 18 September 7, 2021, Item #6The County of San Diego has a fully operational 2021 Emergency Rental Ass~stance Program (www.sdhcd.org). This program also helps eligible households who have been financially impacted by the COVID-19 pandemic by providing payment assistance on utilities (and rent) to qualifying individuals. To date, 20 Poway ratepayers have received a total of $25,663 in assistance to cover their water and wastewater bills. Timeline The following graphic shows the proposed four-year rate cycle as well as the current schedule for the potential three series of debt to fund the Water Program. Set Public Hearing: Sept. 7, 2021 Potential 2021 Debt Series: Nov. 10, 2021 Year 3 Rates Effective: Jan. 1, 2024 Environmental Review: Mail 218 Notice: By Sep. 18, 2021 Year 1 Rates Effective: Jan. 1, 2022 Potential 2024 Debt Series: Aug.2024 Consider Debt: Oct. 19, 2021 Year 2 Rates Effective: Jan. 1, 2023 Year 4 Rates Effective: Jan. 1,2025 Public Hearing: Nov. 2, 2021 Potential 2023 Debt Series: Mar. 2023 This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: There is no direct fiscal impact associated with this staff report because it only sets the public hearing. However, based on the information contained in this staff report, sufficient revenues to fund operations, investment in capital infrastructure, and appropriate reserve levels will be generated from the recommended water and wastewater revenue increases. Over the next four-year period, it is estimated approximately $23.3M in additional water revenues will be generated while approximately $3.3M in additional wastewater revenues will be generated if the proposed rates are adopted at the public hearing. Safe reliable water delivered on demand to an average residential ratepayer costs approximately one penny per gallon. Treating the average residential ratepayer's wastewater in a safe and reliable fashion costs approximately nine-tenths of one penny per gallon. [Remainder of page intentionally left blank] 11 of 18 September 7, 2021, Item #6Public Notification: The California Constitution, Article XIIID, Section 6, states that local governments must hold a Majority-Protest Public Hearing and notify property owners at least 45 days in advance of the public hearing related to proposed water, recycled water, and wastewater rates. The notice (Attachment A) will be mailed at least 45 days prior to the public hearing, or on or before September 18, 2021. The public hearing will take place as follows: Tuesday, November 2, 2021 at 7:00 p.m. Attachments: A. Notice of Public Hearing Reviewed/ Approved By: Wenl<aserman Assistant City Manager 12 of 18 City of Poway City Hall 13325 Civic Center Drive Poway, CA 92064 Reviewed By: Alan Fenstermacher City Attorney Approved By: Chris Hazeltine City Manager September 7, 2021, Item #6The City is committed to providing the highest quality water and wastewater services at the lowest possible rates. To keep this commitment, the City regularly evaluates infrastructure needs, and operations and maintenance costs for the upcoming years. In compliance with Proposition 218, enclosed in this notice are the proposed rate adjustments for 2022 through 2025. The rate adjustments being considered will become effective January 1 of each year and reflected on bimonthly bill statements in March or April. NOTICE OF PUBLIC HEARING & PROPOSED WATER AND WASTEWATER RATES ~~~ Tuesday, November 2, 2021 at 7 p.m. City Council Chambers I 13325 Civic Center Drive, Poway Your are invited to participate in person, by phone or online poway.org/councilmeetings On Tuesday, November 2, 2021 at 7 p.m. the Poway City Council will consider adopting proposed changes to water and wastewater charges. If adopted, the rate adjustments will become effective January 1 of each year and reflected on bimonthly bill statements in March or April. The City bills for water and wastewater service bimonthly (every two months) based on consumption during the two months prior to the billing date. All interested persons are invited to appear at the meeting to give oral or written testimony on the proposed rate adjustments. Rate protests must be submitted in writing ahead of the council meeting. Details on the written protest process is located on the back page of this notice. Why are you receiving this notice? The City of Poway is mailing this notice to you because you are a water and/or wastewater customer responsible for payment of water and/ or wastewater fees, or you are the owner of record for a property that receives water and/ or wastewater service. This notice describes proposed adjustments to water and wastewater rates, rate structure changes, and provides notice of the upcoming public hearing at which these proposed changes will be considered by the Poway City Council. For rates information and links to resources quoted in this notice, scan this QR code or visit: poway.org/rates-fees. 13 of 18 ATTACHMENT A September 7, 2021, Item #6Proposed Changes to Water and Wastewater Rates The City of Poway provides safe, reliable water on demand to its customers and purchases nearly 100 percent of its water from the San Diego County Water Authority (SDCWA). The cost to purchase and treat imported water continues to increase. The City proactively plans for increases in these costs, along with costs associated with operations, maintenance, and replacement of infrastructure along with maintaining appropriate reserves. To accommodate these increases, the City is proposing adjustments in potable water rates over the next four years. The City of Poway maintains a wastewater system that provides customers with wastewater collection and conveyance services to the San Diego Metropolitan Wastewater System (Metro) where the wastewater is treated at the Point Loma Wastewater Treatment Plant and then discharged into the ocean. The City proactively plans for increases in costs associated with operations, maintenance, and replacement of infrastructure along with maintaining appropriate reserves. The City also pays a percentage share of the operation, maintenance, and capital replacement costs of the Metro system. To accommodate these increases in costs, adjustments in wastewater rates over the next four years are being proposed. A four-year rate setting process strikes a balance between investor preferences and flexibility. A four-year period is long enough to increase investor confidence ( see "Debt Financing" for more details) while still short enough to allow rate changes if future projections are different than anticipated. How were rates determined? Changes to how Poway's water and wastewater rates are structured involve a deliberate series of steps to ensure rates remain affordable, fair, and equitable. First, future demands on our wa-ter and wastewater systems are projected, as well as water quality impacts, potential risks to system reliability, and anticipated chang-ing conditions to sustainability. Next, specific water and wastewa-ter infrastructure improvements are prioritized and incorporated into the framework. These proj-ects support near-and long-term needs, from regular system operations and maintenance to proactive investments to improve system quality, reliability, and sustainability. 17 26 Wastewater Water projects projects Finally, a third-party rate consul-tant leads a cost of service study in partnership with City Council and staff. The study designs a legally compliant rate frame-work that recovers water and wastewater costs across different customer classes. These studies are typically updated every four to six years to ensure the rate design is still affordable, fair, and equitable. The most recent study was performed in December 2019 for rates effective during calendar year 2020. 0 For additional information on how your rates have been calculated, please refer to the staff report on September 7, 2021 titled "Set Public Hearing for Proposed Four-Year Water, Recycled Water, and Wastewater Rates." 14 of 18 September 7, 2021, Item #6CURRENT AND PROPOSED WATER RATES 5/8" 43.00 49.67 56.79 64.28 72.69 3/4" and 1" fire 58.13 67.15 76.78 86.90 98.27 1" 88.39 102.10 116.74 132.13 149.41 1 1/2" 164.03 189.47 216.64 245.20 277.27 2" 254.80 294.30 336.51 380.87 430.67 3" 542.25 626.31 716.13 810.54 916.53 4" 965.85 1,115.57 1,275.55 1,443.72 1,632.50 6" 1,979.46 2,286.29 2,614.17 2,958.82 3,345.71 8" 3,643.63 4,208.40 4,811.93 5,446.33 6,158.49 --CUSTOMER CLASS CURRENT 1/1/2022 1/1/2023 1/1/2024 1/1/2025 Single Family Residential Tier 1: 1-20 Units 4.80 5.22 5.62 6.00 6.40 Tier 2: 21-56 Units 5.60 6.09 6.56 7.00 7.46 Tier 3: 57+ Units 7.79 8.47 9.12 9.73 10.37 Multi-family Residential 4.91 5.35 5.76 6.15 6.56 Landscape Irrigation 6.82 7.43 8.00 8.53 9.09 Non-residential 5.22 5.69 6.13 6.54 6.97 Recycled Water 4.25 4.63 4.99 5.33 5.68 City Potable Usage 5.22 5.69 6.13 6.54 6.97 Water Rate Notes: 1 unit= 748 gallons Consistent with Council direction during the prior rate-setting cycle, the fixed/variable ratio for water is being increased by approximately 1 % each year. This means the fixed charges will increase at an amount greater than the proposed revenue increase each year while the variable rates will increase at an amount less than the proposed revenue increases. Slowly increasing the fixed/variable ratio increases financial sustainability while helping minimize impacts to lower volume users. Any water rates or fees associated with water service, including raw water, not addressed within this notice shall remain in full force and effect as previously adopted by the Poway City Council. 15 of 18 September 7, 2021, Item #6CURRENT AND PROPOSED WASTEWATER RATES --CUSTOMER CLASS CURRENT 1/1/2022 1/1/2023 1/1/2024 1/1/2025 Single Family Residential (Residential wastewater flow based on 85% of lowest winter water use averaged over the past three years.) All Customer Classes (Except Schools) 28.31 29.45 30.63 31.85 33.13 ----CUSTOMER CLASS CURRENT 1/1/2022 1/1/2023 1/1/2024 1/1/2025 Residential Single Family 4.66 4.85 5.04 5.25 5.46 Residential Multi-family & Mobile 5.85 6.09 6.33 6.59 6.85 Home Non-Residential General Commercial 5.04 5.25 5.46 5.68 5.91 Medium-low 5.65 5.88 6.12 6.36 6.61 Medium 6.34 6.60 6.86 7.14 7.42 Medium-high 6.48 6.74 7.01 7.29 7.58 High 8.92 9.28 9.65 10.04 10.44 Light Industry 5.49 5.71 5.94 6.18 6.42 Industrial Special User 5.53 5.76 5.99 6.23 6.48 Government & Membership 4.14 4.31 4.48 4.66 4.85 Organizations Churches 5.04 5.25 5.46 5.68 5.91 Elementary School 5.11 5.32 5.53 5.75 5.98 (ADA) Secondary & High 5.06 5.27 5.48 5.70 5.93 School (ADA) Wastewater Rate Notes: Multi-family and mobile home customers' wastewater flow is calculated based on 75% of bimonthly water use for accounts without a landscape meter and 85% of bimonthly water use for accounts with a landscape meter. Non-residential customers' wastewater flow is calculated based on 75%, 85% or 90% of bimonthly water use depending on customer class. Wastewater flow for schools is estimated based on the average flow per student per day using 75% or 85% of the water use from the March/April billing period. 16 of 18 September 7, 2021, Item #6WATER INFRASTRUCTURE IMPROVEMENTS With the goal of increasing the reliability of drinking water for water customers now and generations to come, the City of Poway is undertaking the largest capital improvement program (CIP) in the city's 40-year history. The CIP will include replacing the clearwell (water storage reservoir) at the water treatment plant and a new (SDCWA) treated water connection and re-dundant pipeline. In order to replace the clearwell, a temporary bypass project will include two 1.4 mil-lion-gallon tanks for storing treated water. These infrastructure improvement projects have been in the planning stage for a long time and are moving ahead as part of a mutually beneficial agreement between Poway and the State Division of Drinking Water. Construction on the clearwell bypass project will begin by early October. For more information: poway.org/water-projects. sdcou nty .ca.gov /sd hcd 17 of 18 DEBT FINANCING The capital projects along with those described above are currently estimated to cost $63.2 million over the next five years, or slightly over $12.6 million per year (not including $13.7 million already included in the 2020-21 fiscal year). Based on the potential cost of these projects and the impact to current ratepayers, the City is exploring financing al-ternatives. Debt financing is a reasonable solution in that it provides the cash upfront to construct the projects while spreading the repayments out over a longer time horizon. This helps create intergenerational equity by aligning the water CIP costs to the people who benefit from the project. When debit is issued, current ratepayers would not be responsi-ble for fully funding projects today that will have a useful life beyond 30 years. The City is planning for a series of water bond issuances to fund the Water Infrastructure Improvement Program commencing in Fall 2021. The proposed four-year rate increases give investors assurances the City will have a sufficient revenue stream to pay the annual debt service which helps to lower the cost of debt and the impacts to ratepay-ers. While this debt financing plan helps ensure the City has a solution in place to fund the program, City staff is also committed to pursuing every available grant opportunity these projects may be eligible for. September 7, 2021, Item #6PO Box 789 Poway, California 9207 4-0789 www.poway.org DATED MATERIAL -DO NOT DELAY DELIVERY Important information about your WATER and WASTEWATER account! Proposed Rate Change Protests As part of the rate setting process, on November 2, 2021, the City of Poway will conduct a public hearing on the proposed changes to water and wastewater rates and will consider all oral and written protests to the proposed changes. Oral comments at the public hearing will not qualify as formal protests unless accompanied by a written protest. Only one written protest will be counted per identified parcel. While email is not an official rate protest mechanism under California law, the City Council values resident input and will read all email correspondence regarding rates. Written protests must include: • A description of the property, such as the address or assessor's parcel number; and • The name and signature of the customer submitting the protest. The City Council will receive a final tabulation of all written protests received by the City Clerk. Written protests must be received by the City Clerk's office no later than 12 p.m. November 2, 2021 or can be submitted in writing in the Council Chambers before the public hearing is closed. If a majority of the affected customers do not file written protests of the proposed rate changes, the Council will then consider and may adopt the rate changes described in this notice. If a majority of affected customers file written protests, the City Council will not adopt the proposed rate adjustments and the City will reconsider the rate structure and rates. Please send written protests to: City Clerk of the City of Poway PO Box 789 Poway, CA 92074-0789 If you have any questions regarding this notice, please call (858) 668-4409. 18 of 18 September 7, 2021, Item #7DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA REPORT City of Poway CITY COUNCIL September 7, 2021 Honorable Mayor and Members of the City Council Jodene Dunphy, Human Resources & Risk Management Director /41}-Aaron Beanan, Finance Director ~ 0 Jodene Dunphy, Human Resources & Risk Management Director (858) 668-4413 or jdunphy@poway.org Aaron Beanan, Director of Finance (858) 668-4411 or abeanan@poway.org Tentative Agreement for a Successor Memorandum of Understanding between the City of Poway and the Poway Firefighters' Association The existing Memorandum of Understanding (MOU) between the City of Poway (City) and the Poway Firefighters' Association (PFA) expired on June 30, 2021. Staff has reached a Tentative Agreement (TA) with PFA on a six-year term for the new MOU effective July 1, 2021 through June 30, 2027 and staff is recommending approval. Recommended Action: It is recommended that the City Council: 1) Adopt a Resolution authorizing the terms of the TA and authorizing the City Manager to execute, on behalf of the City of Poway, a Memorandum of Understanding between the City and PFA, incorporating the terms of the TA, which has been ratified by PFA, without further specific actions by the City Council; 2) Adopt a Resolution approving the Salary Schedule for the members of the Poway Firefighters' Association; and 3) Adopt a Resolution appropriating funds in FY 2021-22 to implement the financial terms of the TA with the Poway Firefighters' Association. Discussion: California law provides for the determination of public employee wages, hours and other terms and conditions of employment through a process of meeting and conferring between public agency representatives and employee bargaining unit representatives. Negotiations between the City of Poway and PFA, representing 48 fire safety full-time equivalent (FTE) positions, began in March 2021. After six meet and confer sessions, a TA was reached. PFA has ratified the TA, which requires approval in open session by the City Council. The current MOU expired on June 30, 2021. A new MOU will be generated, finalized, and executed based on the City Council's approval of the attached Resolution. The MOU will be effective July 1, 2021 through June 30, 2027 and will incorporate the items in the TA included in the Resolution. The financial terms incorporated in the MOU will not 1 of9 September 7, 2021, Item #7extend beyond those outlined in the attached Resolution. The six-year agreement with PFA is an investment in the City's high performing and valued fire safety employees. Poway employees, including fire safety personnel, have not received across-the-board salary increases the last two fiscal years. To regain a competitive position in the San Diego market and immediately address current recruitment and retention challenges, the TA provides for a salary adjustment in Year 1 that will reposition fire safety personnel in a better market position and salary increases in Years 2-6 to maintain the competitive market position. The only economic provision of the six-year TA with PFA are salary increases. Effective July 1, 2021, an across-the-board salary increase of 10% will be provided retroactively to all employees represented by PFA and is reflected in the attached PFA Salary Schedule (Exhibit A of Attachment B). Effective July 1, 2022, 2023, 2024, 2025 and 2026, across-the-board salary increases of 3.5% will be provided to employees represented by PFA. The PFA Salary Schedules for future years will be part of budget adoption for each fiscal year. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The estimated fiscal impact of the TA with PFA is outlined by fiscal year in the table below. Fiscal Year Estimated Cost Increase General Fund 2021-22 $636,991 2022-23 $889,123 2023-24 $1,152,834 2024-25 $1,419,404 2025-26 $1,695,289 2026-27 $1,980,887 Totals $7,774,528 The totals shown in Table 1.0 above include roll-up costs and funds will be allocated from the General Fund. The Resolution attached as Attachment C includes the appropriations necessary to adjust the Fiscal Year 2021-22 budget to implement the provisions of the TA with PFA. Public Notification: Representatives of the PFA were provided a copy of this report. Attachments: A. Resolution authorizing the execution of a six-year Memorandum of Understanding between the City and the Poway Firefighters' Association for the period of July 1, 2021 through June 30, 2027 B. Resolution approving the Salary Schedule for Poway Firefighters Association effective July 1, 2021. C. Resolution appropriating funds in FY 2021-22 to implement the financial terms of the Tentative Agreement with the Poway Firefighters' Association. 2 of9 September 7, 2021, Item #7Reviewed/ Approved By: Wendy serman Assistant City Manager 3 of9 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch&d City Manager September 7, 2021, Item #7RESOLUTION NO. 21-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY AUTHORIZING THE TERMS OF THE TENTATIVE AGREEMENT AND AUTHORIZING THE EXECUTION OF A SIX-YEAR MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF POWAY AND THE POWAY FIREFIGHTERS' ASSOCIATION FOR THE PERIOD OF JULY 1, 2021 THROUGH JUNE 30, 2027 WHEREAS, the City of Poway ("City"), through its management representatives, has met and conferred in good faith with the Poway Firefighters' Association ("PFA"); WHEREAS, the representatives of the City and PFA each have exchanged freely information, opinions, and proposals on matters regarding wages, hours and other terms and conditions of employment for PFA members; WHEREAS, the City and PFA representatives have agreed on the term of a new Memorandum of Understanding to be July 1, 2021 through June 30, 2027; WHEREAS, the City and PFA representatives have agreed upon the items as listed below under Section 2 of this Resolution as the Tentative Agreement; WHEREAS, PFA has ratified the Tentative Agreement for the period of July 1, 2021 through June 30, 2027. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: That the terms of the Tentative Agreement (SECTION 2) be incorporated into the Memorandum of Understanding ("MOU") and adopted for implementation effective July 1, 2021. SECTION 2: That the City Manager is hereby directed and authorized to implement all provisions of the Tentative Agreement listed below, which are to be incorporated into the Memorandum of Understanding without further specific actions by the City Council. No additional financial terms will be assumed beyond the terms of the approved Tentative Agreement when finalizing and executing the Memorandum of Understanding. The Tentative Agreement includes: a) Six Year Term: July 1, 2021 -June 30, 2027; b) Salary Increases as follows: 10% July 1, 2021; 3.5% July 1, 2022; 3.5% July 1, 2023; 3.5% July 1, 2024; 3.5% July 1, 2025; 3.5% July 1, 2026; and c) Effective beginning July 1, 2024, the PFA shall have a reopener, at its sole option, to reopen any item within the MOU. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 7th day of September, 2021 by the following vote, to wit: AYES: NOES: ABSENT: 4 of9 ATTACHMENT A September 7, 2021, Item #7DISQUALIFIED: ATTEST: Carrie Gallagher, CMC, City Clerk 5 of 9 Steve Vaus, Mayor Resolution No. 21-Page 2 September 7, 2021, Item #7RESOLUTION NO. 21-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY APPROVING THE SALARY SCHEDULE FOR THE EMPLOYEES REPRESENTED BY THE POWAY FIREFIGHTERS' ASSOCIATION EFFECTIVE JULY 1, 2021 THROUGH JUNE 30, 2022 WHEREAS, a Salary Schedule is established for employees represented by the Poway Firefighters' Association ("PFA"); WHEREAS, the City of Poway and the Poway Firefighters' Association (PFA) have agreed upon a six-year term for a successor Memorandum of Understanding; WHEREAS, Exhibit A reflects the approved salary increases effective July 1, 2021 for employees represented by PFA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: That the above recitals are true and correct. SECTION 2: That the Salary Schedule for employees represented by PFA is attached hereto as Exhibit A, and is hereby adopted, effective July 1, 2021. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 7th day of September, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 6 of9 ATTACHMENT B September 7, 2021, Item #7I EXHIBIT A CITY OF POWAY POWAY FIREFIGHTERS' ASSOCIATION (PFA) SALARY SCHEDULE EFFECTIVE JULY 1, 2021 POSITION lsALARY RANGE STEPS Fire Captain/Paramedic 1030 I 1 I 2 I 3 I 4 I Approx. Biweekly (hourly x 112) 3,804 3,994 4,194 4,404 Hourly (112 hours) 33.966 35.664 37.447 39.320 Hourly (80 hours) 47.552 49.930 52.426 55.047 Approx. Monthly 8,242 8,655 9,087 9,542 Fire EnQineer/Paramedic 1020 I 1 I 2 I 3 I 4 I Approx. Biweekly (hourly x 112) 3,260 3,423 3,595 3,774 Hourly (112 hours) 29.112 30.567 32.095 33.700 Hourly (80 hours) 40.756 42.794 44.933 47.179 Approx. Monthly 7,064 7,418 7,788 8,178 Firefighter/Paramedic 1010 I 1 I 2 I 3 I 4 I Approx. Biweekly (hourly x 112) 3,066 3,219 3,380 3,549 Hourly (112 hours) 27.375 28.743 30.180 31.689 Hourly (80 hours) 38.324 40.240 42.251 44.364 Approx. Monthly 6,643 6,975 7,324 7,690 Approved at the September 7, 2021 City Council meeting 7 of9 I I 5 4,624 41.285 57.799 10,019 5 3,963 35.385 49.539 8,587 5 3,727 33.273 46.582 8,074 September 7, 2021, Item #7RESOLUTION NO. 21-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROPRIATING FUNDS IN FISCAL YEAR 2021-22 TO IMPLEMENT THE FINANCIAL TERMS OF THE TENTATIVE AGREEMENT WITH THE POWAY FIREFIGHTERS' ASSOCIATION WHEREAS, the City of Poway has reached a Tentative Agreement with the Poway Firefighters' Association ("PFA") and the City Council has authorized the City Manager to execute a successor Memorandum of Understanding with the PFA with a term of July 1, 2021 through June 30, 2027; WHEREAS, an appropriation in Fiscal Year 2021-22 of $636,991 is necessary to implement the year 1 changes to the Memorandum of Understanding for employees designated as PFA members; WHEREAS, the appropriations for year 1 changes to the successor Memorandum of Understanding with the PFA will come from unassigned General Fund balance, and sufficient funds are available. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: That the above recitations are true and correct. SECTION 2: That the Director of Finance is authorized to appropriate $636,991 from unassigned General Fund balance to cover the Fiscal Year 2021-22 expenses for employees represented by the PF A. SECTION 3: That the following appropriations by fiscal year will be included in the applicable operating budgets: Fiscal Year Amount Fiscal Year 2022-23 $889,123 Fiscal Year 2023-24 $1,152,834 Fiscal Year 2024-25 $1,419,404 Fiscal Year 2025-26 $1,695,289 Fiscal Year 2026-27 $1,980,887 Total $7,137,537 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 7th day of September, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: 8 of9 ATTACHMENT C September 7, 2021, Item #7ATTEST: Carrie Gallagher, CMC, City Clerk 9 of9 Steve Vaus, Mayor Resolution No. 21-Page 2