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07-19-2022 Agenda Packet
AG EN DA Poway City Council Council Chamber I 13325 Civic Center Drive I Pow ay, CA I 92064 July 19, 2022 I 7 p.m . Thank you for participating in your local government and the City of Poway Council meetings. Meet ings I Regular City Council meetings are held on the first and third Tuesday of the month at 7:00 p.m. Meetings I Regular City Council meetings are held in the Council Chambers located at 13325 Civic Center Drive, Poway, CA 92064, the Council Chamber will be open to the public. Public participation is encouraged in a number of ways as described below. Members of the public may attend the City Council meeting in person, watch the City Council meeting live online, or participate remotely via Zoom. Regular City Council meetings are broadcast live on Cox Communication Channel 24 and Spectrum Channel 19. Council meeting videos are archived and available for viewing on the City's website. IN-PERSON SPEAKERS: Persons wishing to address the Council on matters not on the agenda may do so under Public Comment. Those wishing to speak on items on the agenda may do so when the item is being considered. Please submit a Speaker's Slip to the City Clerk prior to the meeting or the announcement of the item. All comments will be limited to three (3) minutes. To Watch Live: www.poway.org/councilmeetings To Speak and Pa rticipate Remotely: Go to: www.poway.org/meeting and join using "Computer Audio" If your electronic device has no microphone or speakers: Call: (877) 853 -5247 Enter Meeting ID: 623 291 9830 Enter Participant ID provided on your computer PLEASE NOTE: If you wish to participate, please also read the Speakers section for detailed instructions as it has changed. REMOTE SPEAKERS: If viewing online or calling in via telephone, it is highly recommended to log in to the waiting room at least 15 to 30 minutes prior to the commencement of the meeting. Persons wishing to address the Council on matters not on the agenda may do so under Public Comment. Those wishing to speak on items on the agenda may do so when the item is being considered. If you wish to Steve Vaus Mayor John Mullin Deputy Mayor Dave Grosch Council member Caylin Frank Councilmember Barry Leonard Council member speak and are joining the meeting online, please let the City Clerk know prior to the meeting or the announcement of the item by raising your hand digitally or by submitting a chat. If you are not using your computer's audio, please remember to enter your Participant ID on your computer screen when prompted on the phone. If you choose to call in without logging in 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 Sup port 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 online. Items listed on the agenda with a"#" symbol are in preparation. American Dis abilities 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: PLED GE OF ALLE GI AN CE: MOMENT OF SILENCE: PRESENTATION: PUBLI C COMMEN T: In accordance with State law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take action on any issue not included on the agenda. You may speak up to three (3) minutes. Speakers have one opportunity to address the Council under Public Comment. CO NSE NT CALE NDAR: The Consent Calendar may be enacted in one motion by the Council with a Roll Call Vote without discussion unless a Councilmember, a member of the public, or City Manager requests that an item be removed for discussion. 2 of 4 Regular City Council Meeting July 19, 2022 1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda 2. Approval of the May 17, 2022 Regular 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. Environmental Assessment, Tentative Tract Map (TTM) 21-003, and Development Review (DR) 21- 002, a Request for a 20-Lot Single-Family Residential Subdivision and The Construction Of 20 Single-Family Dwelling Units at 13667 Twin Peaks Road City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing and adopt the Resolutions adopting a Mitigated Negative Declaration and approving TTM 21-003 and DR 21-002. 5. 2021 Weed and Nuisance Abatement Charges to be Collected on the County Tax Assessor's Roll for Fiscal Year 2022-2023 City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing and adopt the Resolution approving the 2021 weed and nuisance abatement charges to be collected on the County tax assessor's roll for Fiscal Year 2022-2023. 6. Resolution Renewing the Fire Protection Special Tax to be Collected on the Property Tax Roll for Fiscal Year 2022-23 City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing and adopt the Resolution. STAFF REPORTS: 7. Various Personnel Related Requests to Include Establishing a New Job Classification, Approving a CalPERS 180-day Waiting Period Exception to Hire a Retired Annuitant, and Adopting the Salary Schedule for the Poway Firefighters' Association Pursuant to the Current Six-Year Memorandum of Understanding City Manager's Recommendation: It is recommended that the City Council: 1) approve the resolution adopting the revised City of Poway Position Classification Plan and Non-Safety Salary Schedule, which include the new classification of Interpretive Services Coordinator; 2) approve the resolution waiving the 180-day waiting period to hire a retired annuitant pursuant to Government Code Sections 7522.56 and 21224; and 3) approve the resolution with the Fiscal Year 2022-23 Safety Salary Schedule in accordance with the terms of the Memorandum of Understanding between the City of Poway and the Poway Firefighters' Association. 3 of 4 Regular City Council Meeting July 19, 2022 WORKSHOPS: None COUNCIL-INITIATED ITEMS: None COUNCIL COMMITTEE REPO RTS and ANNOUNCEME NTS: Pursuant to AB1 234 -(G.C. 53232(d)) CITY MANAGER ITEMS: None CITY ATTORNEY ITE MS: (Including any public report of any action taken in closed session) AD!OURNMENT State of California County of San Diego ) ) ss. ) AFFIDAVIT OF POSTING I, Carrie Gallagher, CMC, City Clerk of the City of Poway, hereby declare under penalty of perjury that this notice of a Regular Meeting as called by the City Council of the City of Poway was posted and provided on July 12, 2022. Said meeting to be held at 7:00 p.m., July 19, 2022, in the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California. Said notice was posted on the Bulletin Board at the entrance to City Hall. 4 of 4 Regular City Council Meeting July 19, 2022 NOTE: 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 May 17, 2022 City Council Chambers 13325 Civic Center Drive, Poway, California (Per Government Code 54953) (Meeting Called to Order as City Council/City of Poway Planning Commission/Poway Housing Authority/Public Financing Authority and Successor Agency to the Poway Redevelopment Agency) CALL TO ORDER Mayor Vaus called the Regular Meeting to order at 7:00 p.m. ROLL CALL Present: Barry Leonard, Caylin Frank, Dave Grosch, John Mullin, Steve Vaus STAFF MEMBERS PRESENT City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Carrie Gallagher; Development Services Director Bob Manis; Finance Director Aaron Beanan; Human Resources and Risk Management Director Jodene Dunphy; Director of Public Works Eric Heidemann; Fire Chief Jeff Chumbley; Captain Karla Menzies, 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 Mullin led the Pledge of Allegiance. MOMENT OF SILENCE Mayor Vaus led a moment of silence. PRESENTATIONS Mayor Vaus acknowledged Public Works Week. 2 of 7 July 19, 2022, Item #2 City of Poway -Minutes -May 17, 2022 PUBLIC COMMENT Yuri Bohlen spoke regarding vehicular speeding and traffic safety on Metate Road and side streets; he requested extra law enforcement patrol. CONSENT CALENDAR Motioned by Deputy Mayor Mullin, seconded by Councilmember Frank to approve Consent Calendar Items 1 through 9. Motion carried 5/0 by the following roll-call vote: Ayes: Noes: Abstained: Absent: Disqualified: Leonard, Frank, Grosch, Mullin, 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 April 5, 2022 Regular City Council Meeting Minutes 3. Adoption of Resolution No. 22-021 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. Poway Housing Successor Annual Report Fiscal Year 2020-21 Yuri Bohlen spoke regarding item #4 requesting an explanation on homeless prevention and rapid rehousing expenditures. Development Services Director Bob Manis stated various programs for the homeless are allocated yearly through CDBG funding. 5. Award of Contract to Harbor Coating & Restoration for City Facilities Painting 2021-22; Bid No. 22-009 6. Award of Contract to GQ Builders, Inc. for City Facilities General Maintenance and Repair - Wood 2021-22; Bid No. 22-010 7. Adoption of Resolution No. 22-022 entitled, "A Resolution of the City Council of the City of Poway, California, Approving an Adjustment to EDCO Waste and Recycling Services' Rate Schedule and Rescinding Resolution No. 21-028" 8. Award of Contract to Hazard Construction ENGR, LLC. for the 2021-2022 Street Overlay Project; Bid No. 22-011 9. Acceptance of Public Improvements and Release of Project Securities for the Kirkham Way Mid-block Pedestrian Traffic Signal, STl20-003 ORDINANCES FOR INTRODUCTION None. 3 of 7 July 19, 2022, Item #2 City of Poway -Minutes -May 17, 2022 ORDINANCES FOR ADOPTION None. PUBLIC HEARINGS: 10. Appeal (APL) 22-001 -An Appeal of the Approval for Minor Development Review Application 21-023, a Single-Family Residence to be used as a Residential Care Facility (Sharp Mountainview Hospice), located at 16752 Espola Road Mayor Vaus opened the Public Hearing at 7:07 p.m. Senior Planner Austin Silva presented the report along with a PowerPoint presentation. He provided the site plan (including driveway access), size of the property, location, surrounding land uses and zoning. He stated the home would be used as a hospice facility which would be operated by Sharp HealthCare. Mr. Silva added the hospice facility is considered a residential care facility defined by the State of California as facilities with six or fewer residents and is a permitted use in the RR-C zone, which must be treated the same as traditional single- family homes regarding development standards and their review process. Mr. Silva described the building materials and stated the building was designed to be architecturally compatible with the surrounding residential development and noted, although not required, 23 parking spaces are included in the design. Mr. Silva stated reasons cited for the appeal included: 1) the approval letter does not comply with the Poway Municipal Code (PMC) regarding the development review procedure; however there is no requirement to review in detail the scope of the review and the design was found to be in compliance with the PMC and the approval letter was consistent with past approval letters for Minor Development Review Applications (MDRAs) for single family homes; 2) inadequate notice provided to Green Valley residents to allow for input; however, there is no requirement in the PMC to provide nearby property owners notice regarding an MORA application submittal for new single family residences. Regardless, courtesy notices were mailed out to adjacent property owners notifying them of the pending approval of an MORA and the property owners rights to appeal, adjacent property owners were mailed notices for this project; 3) hospice facility is not complementary to and in harmony with the neighborhood, citing an increase in volume and nature of traffic; however, a traffic study was not required for this project. Regardless, the applicant voluntarily provided the traffic study which determined the hospice facility would generate eight more vehicle trips per day than a traditional single- family home. Property access, driveway placement, parking, the transfer of patients and effect on property values were additional concerns raised by the appellant. City Attorney Alan Fenstermacher outlined the legal constraints on the City, including state law which as a general matter preempts local land use and zoning control over residential care facilities as long as there are six beds or less. Mr. Fenstermacher explained the City Council must consider these types of uses to be the same as single family homes and cannot place any more requirements on the use that would not be required for a single-family home, including studies that would not be required for single family home. Mr. Fenstermacher provided many different examples of residential care facilities in which Health and Safety Code section 1250 specifically states, where the facilities are six beds or less, they must be considered a residential use, including facilities that provide medical supervision, 24-hour skilled nursing and supportive care, along with services for persons who have diagnosis of 4 of 7 July 19, 2022, Item #2 City of Poway -Minutes -May 17, 2022 terminal illness. Persons with terminal illness such as those that will be served by a hospice facility are considered to be disabled and are a protected class under state and federal law. Mr. Fenstermacher also explained constraints on the City Council's ability to deny approval of the project from federal and state anti-discrimination law, including the Fair Housing Act, and the Federal Americans with Disability Act or the ADA. He noted examination of case law where a city has attempted to deny either a six bed or less facility or facility housing, within those protected classes, you would find many examples of cities losing. Finally, he stated if the Council finds this project complies with all regulations that would apply to any other single- family home as far as the physical structure goes, this project needs to be approved. Clark Libenson and Matt Jubenville presented on behalf of the appellants with the use of a PowerPoint. They reiterated the reasons for the appeal as cited in Mr. Silva's report and as previously provided in their material submitted to the City Council and included along with the agenda as additional material. Suzi Johnson, VP of Advanced Illness, Palliative and Hospice, Sharp HospiceCare; Shannon Sarmiento, Associate Project Manager, Sharp HealthCare; and, Jeffrey Forrest, Counsel, Sheppard Mullin spoke on behalf of the applicants. Public Comment: Spoke in opposition to the Appeal of the Approval for Minor Development Review Application 21-023: Joe Bellezo, Carol Lazier, Dee Ammon, Sherri Summers, Colleen Murphy, and Jane Kennedy Spoke in support of the Appeal of the Approval for Minor Development Review Application 21-023: Barbara Neilsen, Ella Fox. Edward Michell, Darwin Wisdom, Charles Lee, Debbie Knuth, and Stanley Ginsberg (via teleconference). Yuri Bohlen spoke regarding public noticing and whether Prop FF should be applied. End of Public Comment. Council discussion ensued on landscape, driveway access, pedestrian and horse trail safety, parking, traffic mitigation, noticing efforts, and Health and Safety laws. Council discussed imposing a condition on the applicant to extend the horse trail on the east side of Valle Verde Road to be completed expeditiously. Mayor Vaus closed the Public Hearing at 8:30 p.m. Motioned by Councilmember Leonard, seconded by Deputy Mayor Mullin to adopt Resolution No. 22-023 entitled, "A Resolution of the City Council of the City of Poway, California, Denying an Appeal (APL) 22-001 of Minor Development Review Application (MDRA) 21-023 Assessor's Parcel Number 275-032-04" as amended to impose a condition on the applicant to: extend the horse trail on the east side of Valle Verde Road in an expeditious manner. Motion carried unanimously. 5 of 7 July 19, 2022, Item #2 City of Poway -Minutes -May 17, 2022 Mayor Vaus recessed the meeting at 9: 10 pm and reconvened at 9: 16 pm. 11. Resolution Adopting a List of Projects for Fiscal Year 2022-23 Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017 Mayor Vaus opened the Public Hearing at 9: 15 p.m. City Engineer Melody Rocco presented the item including a brief overview of the Road Repair and Accountability Act stating the City of Poway is projected to receive $1,115,480 in road maintenance and rehabilitation account funds in the next fiscal year. Prior to receiving an apportionment of the annual subject funds, the Senate Bill requires agencies to provide a list of projects proposed to be funded to the California Transportation Commission. The Resolution identifies the Fiscal Year 2022/23 Street Maintenance Project as the project proposed to be funded with the road maintenance and rehabilitation account funds. Public Comment: None. Mayor Vaus closed the Public Hearing at 9: 17 p.m. Council discussion ensued Motioned by Mayor Vaus, seconded by Councilmember Frank to adopt Resolution No. 22-024 entitled, "A Resolution of the City Council of the City of Poway, California, Adopting a List of Projects for Fiscal Year 2022-23 Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017." Motion carried unanimously. STAFF REPORTS: 12. Award of Agreement with NMS Management, Inc. for Janitorial Services; RFP No. 22-020 Management Analyst Kelsey Stone presented the item. Ms. Stone provided the proposed agreement terms, annual cost for service, she explained the new performance based monthly invoicing in addition to providing an overview of the daily cleaning and janitorial services required at 30 City facilities and parks restrooms. She stated two separate agreements are in place for the proposed services and noted facing numerous challenges with both including missed and inadequate cleanings as well as lack of communication. Ms. Stone detailed the request for proposals process with the goal being increased efficiencies related to city staff time and oversight of the services. Public Comment: None. At the request of Council, Management Analyst Kelsey Stone explained, although NMS Management, Inc was not the lowest bidder they were chosen as the best value. 6 of 7 July 19, 2022, Item #2 City of Poway -Minutes -May 17, 2022 Motioned by Mayor Vaus, seconded by Councilmember Grosch to award the agreement for janitorial services to NMS Management, Inc. and authorize the City Manager to execute any necessary documents. Motion carried unanimously. WORKSHOPS None. COUNCIL-INITIATED ITEMS: None. COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d)) Councilmember Leonard reported on having attended a get together recognizing Kiwanis President Sharon Gruber, longtime community volunteer. Deputy Mayor Mullin announced having attended First Aid and CPR training presented by Poway Neighborhood Emergency Corps (PNEC) and encouraged the public to consider taking the training. Mayor Vaus spoke regarding a County of San Diego ballot initiative by which the proponents are seeking a half cent sales tax increase said to improve the roads and is intended to be given to SANDAG who has no intention of expanding roadways but rather contracting the roads by converting free lanes into toll lanes; noting plans within the SANDAG Regional Plan for a proposed Vehicle Mileage Travel charge (VMT) adding the half cent sales tax is the first of three tax increases needed by SANDAG to implement the Regional Plan. CITY MANAGER ITEMS None. CITY ATTORNEY ITEMS (Including any public report of any action taken in closed session) City Attorney Fenstermacher stated, no reportable action from the May 3, 2022, Regular Meeting Closed Session. ADJOURNMENT The meeting was adjourned at 9:26 p.m. 7 of 7 Carrie Gallagher, CMC City Clerk City of Poway, California July 19, 2022, Item #2 July 19, 2022, Item #3DATE: TO: FROM: CONTACT: SUBJECT: summary: AGENDA REPORT CityofPoway July 19, 2022 Honorable Mayor and Members of the City Council Jeff Chumbley, Fire Chief r Jeff Chumbley, Fire Chief (858) 668-4461 or Jchurnbley@poway,org CITY COUNCIL Resolution to Continue the Existence of a Local Emergency Within the City of Poway Due to the Novel Coronavirus (COVID-19) Global Pandemic The Novel coronavirus (COVID-19) global pandemic continues to impact economic and social segments of the U nlted States. Federal, state, and county directives, mandates and orders to manage COVID-19 have, and continue to, impact Poway residents, businesses and visitors. On March 18, 2020, the City Council approved a resolution proclaiming a local emergency. The adopted resolution requires the City Council to either continue the emergency action or declare the emergency ended at each regular meeting. Recommended Action: It is recommended the City Council approve a resolution continuing the Proclamation of Local Emergency. This action requires a four-fifths (4/5) vote of the City Council. Discuss;on: The COVID-19 global pandemic continues to impact business1 education, healthcare, military, and social segments of the United States. Federal, state, and county directives, mandates, orders and guidelines have been issued to manage COVI D-19. Efforts continue to focus on re-opening the economy and relaxing restrictions. 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 Managers Proclamation of Local Emergency. The City Council approved to continue the emergency action in 2020 dn 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 1 S. 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, August 17, September 7, October 5, October 19, November 2, November 16, and December 7. In 2022, the City Council approved to continue the emergency action on January 18, February 1, 1 of 5 July 19, 2022, Item #3February 15, March 1, March 15, April 5, April 19, May 3, May 17, June 7 and June 21. The adopted resolution requires the City Council to either continue the emergency action or declare the emergency ended at each regular meeting. Continuing the local emergency, in addition to being consistent with the County of San Diego, also allows the City to continue to be eligible for federal, state, and county funding opportunities related to COVID-19 and tied to having a declaration of a local emergency in place. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: As of June 30, 2022, City costs to respond to COVID-19 are estimated at $1,120,760. These costs specif1cally relate to FEMA eligible expenditures. The total fiscal impact is unknown at this time. Per the City Council adopted General Fund Reserve policy, the City maintains a General Fund Reserve of 45 percent of the budgeted annual General Fund operating expenditures, or $20,393,896 as of June 30, 2021. Within that 45 percent, $13,179,618 is set aside for Extreme Events/Public Safety. Staff believes some of the prior expenditures 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 was to offer financial assistance to small businesses located in Poway by serving as a financial bridge to businesses while they were awaiting state and federal funding provided in response to the pandemic. Based on staffs review, 35 loans totaling $1,328,118 were approved and four loans totaling $148,000 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: Assistant City Manager 2of5 Reviewed By: Alan Fenstermacher City Attorney July 19, 2022, Item #3RESOLUTION NO. 22-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, August 17, September 7, October 5, October 19, November 2, November 16, December 7, and in 2022 on January 18, February 1, February 15, March 1, March 15, April 5, April 19, May 3, May 17, June 7 and June 21; 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 Couhcil 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. 3 of 5 ATTACHMENT A July 19, 2022, Item #3Resolution No. 22-Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway hereby finds and declares: SECTION 1: An emergency continues to exist within the City as the result of t11e 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 19th day of July, 2022 by the following vote, to wit: AYES: NOES: ABSENT: DI SQUALi FIED. Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 4 of S July 19, 2022, Item #3PROCLAMATION OF LOCAL EMERGENCY WHEREAS, section 2.12.060 of the Poway Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session; WHEREAS, the City Manager, as Director of Emergency Services of the City of Poway, does hereby find that conditions of extreme peril to the safety of persons and property have arisen within the City of Poway, caused by the Novel Coronavirus (COVID-19) commencing on January 24, 2020; WHEREAS, that the City Council of the City of Poway Is not in session and cannot immediately be called into session; and WHEREAS, this Proclamation of Local Emergency will be ratified by the City Council within seven days of being issued. NOW, THEREFORE, IT IS HEREBY PROCLAIMED by the Director of Emergency Services for the City of Poway, that a local emergency now exists throughout the City and that said local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council; IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, ordinances, and resolutions of this City, and by the City of Poway Emergency Plan; and IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this Proclamation of Local Emergency be forwarded to the State Director of the Governor's Office of Emergency Services with a request that; 1. The State Director find the Proclamation of Local Emergency acceptable in accordance with provisions of the Natural Disaster Assistance Act; and 2. The State Director forward this Proclamation, and request for a State Proclamation and Presidential Declaration of Emergency, to the Governor of California for consideration and action. PASSED AND ADOPTED by the Director of Emergency Services for the City of Poway this 13th day of March 2020. Director of Emergency Services S of 5 ATTACHMENT B July 19, 2022, Item #4 DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway July 19, 2022 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Servicesf-,1 Austin Silva, Senior Planner /(:, 858-668-4658 or asilva@poway.org CITY COUNCIL Environmental Assessment, Tentative Tract Map (TTM) 21-003, and Development Review (DR) 21-002, a request for a 20-lot single-family residential subdivision and the construction of 20 single-family dwelling units at 13667 Twin Peaks Road Cornerstone Communities (Applicant) is proposing to subdivide a 4.77-acre parcel into 20 lots and construct 20 single-family dwelling units. The subdivision would be accessed from an extension of Holly Oak Way. The project also includes the demolition of an existing single-family dwelling unit, the removal of onsite trees, and mass grading. The project is eligible for a density bonus per California State law by providing one affordable housing unit. The project site is located at 13667 Twin Peaks Road in the Residential Single-Family 4 (RS-4) zone. Adoption of a Mitigated Negative Declaration is required because of potential impacts to biological and cultural resources. Recommended Action: It is recommended the City Council take public input, close the public hearing, and adopt the Resolutions (Attachments A and B) adopting a Mitigated Negative Declaration and approving TTM 21-003 and DR 21-002. Discussion: The Applicant is Cornerstone Communities, and the property owner is McKee Orchard, LLC. The project site is located on the south side of Twin Peaks Road between Midland Road and Budwin Lane intersections and is zoned RS-4. The Diroma Estates subdivision is located to the south and is also zoned RS-4. Living Way Church and a single-family residence at the end of Outlook Drive are west of the property. These properties are also zoned RS-4. Administrative offices and a bus fleet storage lot for the Poway Unified School District are located across Twin Peaks Road north of the site and are zoned Public Facility (PF). The Kent Hills subdivision is located to the east of the subject property and is zoned RS-4. A zoning and location map is included as Attachment C. The property lies within the Old Poway Specific Plan area. Although it is not within the mandatory Old Poway design area, Old 1 of 132 July 19, 2022, Item #4 Poway architectural design features are encouraged to be incorporated into the subdivision and housing tract design. The project site is a 4.77-acre parcel historically used for farming and now contains a residence constructed in the late 1950's. Mature trees surround the structure. The proposal is to demolish the residence, remove the trees, and create a 20-lot tract subdivision with residences ranging from 3,001 square feet to 3,900 square feet of living area. The homes feature two or three car garages with additional storage area. The subdivision, as proposed, would be accessed from an extension of the Holly Oak Way cul-de-sac as shown on the site plan (Attachment D). Tentative Tract Map (TTM) 21-003 is provided as Attachment E. The extension of Holly Oak Way would be a continuation of a public street maintained by the City. There would be no vehicular access from Holly Oak Way to Twin Peaks Road. Pedestrian access from Holly Oak Way to Twin Peaks Road would be provided by a pedestrian access trail between lots 10 and 11 at the end of the cul-de-sac. The Holly Oak Way extension would include 39 street trees that would be privately maintained, and decorative Old Poway streetlights similar to the existing streetlights on Holly Oak Way. A six-foot-tall slump block wall would be built along the rear property lines of lots 10 and 11 that back up to Twin Peaks Road to provide noise attenuation. The remainder of the lots will have vinyl fencing along the property lines. With Diroma Estates (TTM99-01 ), the subdivision creating Holly Oak Way, the approved final map identifies a future easement that accommodates an extension of Holly Oak Way to the north, onto the subject site. The Diroma Estates developer was required to record deed covenants on the title of each lot to advise future buyers Holly Oak Way may, at a future date, extend northerly to Twin Peaks Road. A copy of the deed covenant, dated April 2, 2002, is provided as Attachment F. Staffs understanding is this deed covenant is referenced in every preliminary title report (PTR) for each property within the Holly Oak subdivision. Although the subject property also fronts on Twin Peaks Road, access to the site from Holly Oak Way is proposed over a Twin Peaks Road entrance for multiple traffic related reasons. Twin Peaks Road is designated as a major arterial street in the City's General Plan. Strategies of the General Plan are to reduce access points to major arterial streets to provide a high level of mobility for through traffic. Utilizing the easement at the end of Holly Oak Way supports this objective. Additionally, accessing the subdivision through Holly Oak Way avoids a curve with limited visibility to the west of the site on Twin Peaks Road. If access was to be provided along Twin Peaks Road, a new traffic signal would most likely be needed, but would not be recommended given the close proximity of the signalized intersections at Midland Road and Budwin Lane. The applicant had a traffic sight distance study prepared in August 2021 by Intersecting Metrics and it is included as Attachment G. The sight distance study concluded accessing the subdivision from Twin Peaks Road is not recommended due to sight distance limitations for both left and right turns exiting the site. Per the Intersecting Metrics Study, even with the removal of mature street trees along the south side of Twin Peaks Road, a new intersection onto the project site would still not meet the minimum corner or stopping sight distance requirements, due to the horizontal curves in the roadway to the west of the property. As a result, the traffic study consultant recommends the proposed subdivision take access from an extension of Holly Oak Way. For tract developments, the Poway Municipal Code requires at least three different plans. Each plan is required to have three different fa~ade treatments. To provide further variety in the tract, one of the plans must be a single-story plan. The proposed development consists of four single-story homes and 16 two-story residences. Four floor plans are proposed, each with two architectural schemes and four different color scheme options. The homes feature a Craftsman style, consistent with the Old 2 of 132 July 19, 2022, Item #4 Poway Specific Plan Architectural Standards and Design Guidelines. Architectural building features include cement tile roofs, overhanging eaves, wood accents, patterned windowpanes, and various combinations of board and batten, lap siding, stone, and brick. The exterior colors would be earth tones, including green, brown, and taupe shades. Floor plans and colored elevations of the homes are included as Attachment H. The project includes one affordable housing unit at the very-low-income level which makes the project eligible for a density bonus pursuant to State law (Government Code Section 65915(b)(1 )(a)). The maximum density for the RS-4 zone is four dwelling units per acre, or 15.64 dwelling units based off the lot's gross acreage of 4.77 acres. By providing one very-low-income unit, the project is eligible for a 20 percent density increase. The 20 percent increase allows up to 20 units to be built. The dwelling designated as an affordable housing unit must be consistent in size and appearance with the other dwelling units in the development. All required affordable housing documents that restrict the income level for 55 years are required to be approved prior to the issuance of a grading permit. The Affordable Housing Plan is included as Attachment I. The project, including the one affordable unit, will assist the City in meeting its regional housing needs assessment (RHNA). State Density Bonus law also requires the City to grant certain concessions and waivers of development standards (when, as here, they are requested by the developer) with the inclusion of a very-low-income housing unit. If a City development standard would physically prevent the project from being constructed at the permitted density, a developer is legally entitled to propose the waiver or reduction of those standards. The Applicant is requesting three waivers. One of the waivers includes a reduction in the minimum lot size. The minimum lot size for the RS-4 zone is 10,000 square feet. The proposed lots range in size from 7,012 square feet to 13,445 square feet. A second waiver involves a reduction in the minimum lot width from 70 feet to 60 feet. The third waiver request is to allow a reduction for the minimum side yard setback from 10 feet to five (5) feet. The waivers are shown on the site plan incorporated by reference in the project resolution. Pre-Development Conference A Pre-Development Conference was held for this project on April 6, 2021. There were seven speakers from the public who spoke regarding the proposal. Comments from the public raised concerns over traffic safety of the neighborhood by taking access to the site from Holly Oak Way, the character of the adjacent neighborhoods being changed by allowing smaller lots with reduced setbacks, no single-story homes proposed, preservation of trees, and more affordable units should be provided. The City Council also gave the Applicant feedback regarding the proposal. The City Council was interested in the traffic safety by taking access to the site from Twin Peaks and requested to see a more detailed traffic study. Neighborhood Meeting A neighborhood meeting was held on February 22, 2022· for this project in the City Council Chambers. There were 22 people in attendance in addition to City staff, the developer, and the developer's consultants. The majority of the attendees spoke. Their comments included concerns about drainage, opposition to taking subdivision access from the Holly Oak Way cul-de-sac, and the developer's decision to utilize State Density Bonus Law. 3 of 132 July 19, 2022, Item #4 Environmental Review: As required under the California Environmental Quality Act (CEQA), an Environmental Initial Study (EIS) was completed for the project, which determined the project may have a significant effect on the environment regarding biological and cultural resources. Mitigation measures, however, have been incorporated into the project to reduce all the potential impacts to a level less than significant. A Mitigated Negative Declaration (MND) has been prepared, and after analyzing all of the project's potential impacts, the MND concludes that with mitigation, all of the project's impacts -including impacts on biological and cultural resources -will be reduced to a less than significant level. This includes all traffic/transportation impacts, which the MND explains are less than significant and do not require any mitigation. Staff recommends the City Council adopt the MND and approve the project because there is no substantial evidence in the record that would support a fair argument the project will result in any significant impacts on the environment. Biological and cultural resources are discussed in more detail below. Biological Resources The project site has been historically disturbed by development and prior agricultural activities. No special status plants or animals were observed at the project site during a biological survey, and none are expected based on the disturbed nature of the project site. No active bird nests were observed on the project site during the general biological survey or during the focused nesting survey conducted for the project. Three inactive raptor nests were observed in the pine trees on site during the surveys. Raptors and potentially other bird species would likely utilize these nests for breeding in the future. Thus, the project would result in potentially significant impacts to migratory or nesting birds, and mitigation is required. Implementation of mitigation measure BIO-1 from the Mitigation Monitoring Program (MMP) would reduce this impact to a less-than-significant level. In summary, the 810-1 a requires tree removal occur outside of the bird nesting season. If tree removal must occur during the nesting season, a survey must be completed by a qualified biologist to determine if nesting birds are present. If nesting birds are present, a plan shall be prepared and implemented in conformance with state and federal law to ensure the take of birds or eggs, or disturbance of breeding activities, is avoided. The mitigation plan shall be submitted to the City for review and approval. There is a low potential for roosting bat species to occur in the structures and/or mature palm trees on the project site. Implementation of mitigation measure BIO-1 b would reduce the impact roosting bats to a less than significant level. 810-1 b requires removal of trees and existing structures to be removed outside of the bat roosting season. If removal of trees and structures must occur during roosting season, a survey shall be conducted by a qualified biologist. If a maternity roost is present, a 300-foot buffer shall be placed around the roost, and no work shall occur within the buffer until roosting season is over. Cultural Resources The project site is located within the boundary of the prehistoric Village of Paguai, and archaeological resources have been identified on the project site in the past, and recently during the archaeological survey conducted for the project. The site is presumed eligible for listing in the California Register of Historic Resources (CRHR). A CRHR-eligible resource is present on the site and construction of the proposed project would result in potentially significant impacts to known and unknown archaeological resources. In accordance with Public Resources Code section 21080.3.1 (b), City staff contacted the Native American Heritage Commission (NAHC) to request a consultation list of tribes that are traditionally and culturally affiliated with the geographic area of the project. The NAHC provided a 4 of 132 July 19, 2022, Item #4 consultation list of 16 tribes. On April 19, 2022, in compliance with California Public Resources Code section 21080.3.1, the City of Poway, as Lead Agency, sent a letter to the Tribal Representatives for those tribes requesting notification of the proposed project. The Barona Band of Mission Indians and La Posta Band of Mission Indians requested a Native American Monitor/Consultant be present during earth moving activities. The project would mitigate for potential impacts to Tribal Cultural Resources through the implementation of mitigation measures CUL-1 through CUL-5 in the MMP. Therefore, less-than-significant impacts related to Tribal Cultural Resources would occur. The MND, EIS, and MMP are included as Exhibits 1, 2, and 3 of Attachment A of the Agenda Report. Notice of the availability of the EIS and proposed MND for public review and comment was provided pursuant to the requirements of CEQA. As of the writing of this report, three comment letters were received. One letter was received from the California Department of Fish and Wildlife (CDFW) requesting that a mitigation measure be included to 1) require a pre-construction bat acoustic survey; 2) revise the mitigation measure addressing bird nesting surveys; and 3) recommend native tree species be used as the replacement trees. Two comment letters came from neighbors raising concerns over biology and traffic. The EIS was revised as a result of the comment letter received from CDFW. The revisions are shown in underline and strikeout format in Exhibit 2 of Attachment A of the Agenda Report. The comments letters are included as Exhibit 4 of Attachment A of the Agenda Report and the responses to the comment letters are included as Exhibit 5 of Attachment A of the Agenda Report. Any additional comments received will be provided to City Council prior to the public hearing on this matter. Fiscal Impact: Consistent with the City Council's direction from the February 8, 2020 Council Meeting in which Council discussed including a revenue analysis with projected projects to help decision making, staff conducted a revenue analysis for this project. Staff analyzed the potential ongoing revenues, such as property tax and sales tax, and excluded one-time revenues, such as transfer taxes. The data supporting staffs analysis came from a variety of sources. For example, the developer's agent provided unit characteristic information. This information helped support the property and sales tax analysis. The U.S. Bureau of Labor Statistics (BLS) Table 1203 provided annual expenditures by income level and expenditure type. The BLS data helped support the sales tax analysis. Sales Tax estimates for the commercial potion were created with the support of published information from the City's sales tax consultant, HDL. The development is projected to contribute approximately $56,000 in property taxes annually. The project is estimated to contribute approximately $13,000 in sales taxes annually as a result of purchases made by the project's new residents. Based on staffs analysis, this project could contribute approximately $69,000 in new revenue annually for the City. Public Notification: A Notice of Public Review Period for the Mitigated Negative Declaration and a Notice of Public Hearing was published in the Poway News Chieftain on Thursday, May 26, 2022. A Notice of Public Review Period for the Mitigated Negative Declaration was mailed to property owners within 500 feet of the subject property on June 3, 2022. A Notice of Public Hearing was mailed to property owners and occupants within 500 feet of the subject property on July 6, 2022. 5 of 132 July 19, 2022, Item #4 Attachments: A. Resolution adopting MND B. Resolution approving TTM21-003 and DR21-002 C. Zoning and Location Map D. Site Plan E. Tentative Tract Map (TTM) 21-003 F. Holly Oak Way Extension Deed Covenant G. Sight Distance Study (Intersecting Metrics, August 2021) H. Floor Plans and Colored Elevations I. Affordable Housing Plan Reviewed/ Approved By: WendYserman Assistant City Manager 6 of 132 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~~ City Manager July 19, 2022, Item #4 RESOLUTION NO. 22-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION FOR TENTATIVE TRACT 21-003 AND DEVELOPMENT REVIEW 21-002 ASSESSOR PARCEL NUMBER 314-192-02 WHEREAS, a request for a Tentative Tract Map (TTM 21-003) and Development Review (DR 21-002) was submitted by Cornerstone Communities to subdivide a 4. 77-acre parcel into 20 lots and construct 20 single-family dwelling units located at 13667 Twin Peaks Road, in the Residential Single-Family 4 (RS-4) zone; and WHEREAS, on July 19, 2022, the City Council held a duly advertised public hearing to receive testimony from the public, both for and against, relative to this matter. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: In accordance with the requirements of the California Environmental Quality Act (CEQA) a proposed Mitigated Negative Declaration (MND), attached as Exhibit 1, and an Environmental Initial Study (EIS), attached as Exhibit 2, have been prepared for the project. The City Council has considered the EIS, MND and associated Mitigation Monitoring Program, and public comments received on the EIS and MND. The subject EIS and MND 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 sighificant impact on the environment, that the mitigation measures contained in the EIS will mitigate potentially significant impacts to a less than significant level, and that the MND reflects the independent judgment and analysis of the City. The City Council hereby adopts the MND and the associated Mitigation Monitoring Program attached to this Resolution as Exhibit 3. SECTION 2: A Biological Report dated July 2021, was prepared for the project by Alden Environmental. The report indicates that no special status plants or animals were observed at the project site during a biological survey, and none are expected based on the disturbed nature of the project site. No active bird nests were observed on the project site during the general biological survey or during the focused nesting survey conducted for the project. Three inactive raptor nests were observed in the pine trees on site during the surveys. Raptors and potentially other bird species would likely utilize these nests for breeding in the future. Thus, the project would result in potentially significant impacts to migratory or nesting birds, and mitigation is required. Implementation of mitigation measure BIO-1 a would reduce potentially significant impacts to migratory or nesting birds to a less-than-significant level. Mitigation measure BIO-1 a is included in Exhibit 3 of this resolution. There is a low potential for roosting bat species to occur in the structures and/or mature palm trees on the project site, and mitigation is required. Implementation of mitigation measure BIO-1 b would reduce the impact roosting bats to a less than significant level. Mitigation measure BIO-1 bis included in Exhibit 3 of this resolution. SECTION 3: According to the Prehistoric and Historic Resources Element of the Poway General Plan, the project site is located in an area with a high probability that archeological resources are present (Poway 2002). A Cultural Resources Technical Report was conducted for the project by ASM Affiliates, dated August 2021. The project site is located within the boundary of the prehistoric Village of Paguai. Archaeological resources have been identified on the project 7 of 132 ATTACHMENT A July 19, 2022, Item #4 Resolution No. 22-Page 2 site in the past and recently during the archaeological survey conducted for the project. Based on the known presence of the Village of Paguai on the project site, and the identification of a large number of artifacts on the project site, the presence of an intact subsurface deposit is possible. This site is presumed eligible for listing in the CRHR. As such, a CRHR-eligible resource is present on the project site and implementation of the project would result in potentially significant impacts to known and unknown archaeological resources. The implementation of mitigation measures CUL-1 through CUL-5 would reduce these impacts to a less-than-significant level. Mitigation measures CUL-1 through CUL-5 are included in Exhibit 3 of this resolution. SECTION 4: Notice of the availability of the EIS and proposed MND for public review and comment was provided pursuant to the requirements of CEQA. Three comment letters were received. One letter was received from the California Department of Fish and Wildlife requesting that a mitigation measure be included to 1) require a pre-construction bat acoustic survey; 2) revise the mitigation measure addressing bird nesting surveys; and 3) recommend that native tree species be used as the replacement trees. Two comment letters came from neighbors raising concerns over biology and traffic. The comments letters are included as Exhibit 4 of this resolution and the responses to the comment letters are included as Exhibit 5 of this resolution. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 19th day of July, 2022 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 8 of 132 July 19, 2022, Item #4 EXHIBIT 1 CITY OF POWAY MITIGATED NEGATIVE DECLARATION 1. Name and Address of Applicant: Cornerstone Communities 4635 Executive Drive, Suite 600, San Diego, CA 92121 2. Project Name and Brief Description of Project: A request for a 20-lot single-family residential subdivision that would be accessed from an extension of the existing cul-de-sac of Holly Oak Way. The project also consists of the demolition of an existing single-family residence, removal of trees present on the site, mass grading, and the construction of 20 single-family dwelling units. The project includes one affordable housing unit which makes the project eligible for a density bonus per State law. Pursuant to State density bonus law, the project is eligible for concessions and waivers from City Development Standards. The applicant is requesting reduced lot sizes, lot widths and side yard setbacks. 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 Mitigated Negative Declaration. An Environmental Impact Report will not be required. 4. This Mitigated Negative Declaration is comprised of this form along with the Environmental Initial Study that includes the Initial Study and Checklist and the approved Mitigation Monitoring Program containing the mitigation measures approved for this project. 5. The decision of the City Council of the City of Poway is final. Contact Person: Austin Silva ---'--'~;;;.;.;;..;;_....;;;;...;.;;..;;..._,;;_ ___________ _ Phone: (858) 668-4658 Approved by: ________________ Date: ______ _ Robert J. Manis, Director of Development Services M:\planning\forms\Environmental\mit neg dee form.docx 9 of 132 July 19, 2022, Item #4 A. INTRODUCTION EXHIBIT 2 CITY OF POWAY ENVIRONMENTAL INITIAL STUDY AND CHECKLIST This Environmental Initial Study and Checklist, along with information contained in the public record, comprise the environmental documentation for the proposed project as described below pursuant to the requirements of the California Environmental Quality Act (CEQA). Based upon the information contained herein and in the public record, the City of Poway has prepared a Mitigated Negative Declaration for the proposed project. B. PROJECT INFORMATION 1. Project Title: McKee Orchard (TTM21-003/DR21-002) 2. Lead Agency Name and Address: City of Poway, Development Services 13325 Civic Center Drive, Poway, CA 92064 3. Contact Person and Phone Number: Austin Silva, 858-668-4658 4. Project Location: 13667 Twin Peaks Road, located on the south side of Twin Peaks Road between the Midland Road and Budwin Lane intersections, Assessor's Parcel Number (APN) 314-192-02 5. Project Sponsor's Name and Address: Jack Robson, Cornerstone Communities 1241 Cave Street, Suite 200, La Jolla CA 92037 6. General Plan Designation: Residential Single Family-4 (RS-4) 7. Zoning: Residential Single Family-4 (RS-4) 8. Description of Project: The proposed project would consist of the redevelopment of a 4. 77-acre residential parcel at 13667 Twin Peaks Road with a 20-lot single-family residential subdivision that would be accessed from an extension of the existing cul-de-sac of Holly Oak Way. The project would require the demolition of an existing single-family residence, removal of 44 mature trees present on the site, mass grading, and the construction of a 20-lot subdivision with one-and two-story residences that range in size from 3,465 square feet {sO to 3,900 sf. The residential development would contain one affordable housing unit by applying State of California density bonus laws. To accommodate the additional unit, the project would require concessions including the reduction of the minimum lot size requirement and a reduction of side yard setbacks. The minimum lot size for the RS-4 zone is 10,000 sf. The project proposes lots ranging from 7,012 sf to 13,485 sf. The requested side yard setback reduction would reduce the side yard setback from 10 feet for the RS-4 zone to 5 feet for the project. Parking would be provided, as required by City code, with two garage spaces per residence, resulting in 40 total garage spaces provided for the project. The proposed development would include four single-story residences and sixteen two-story residences. The development would include four plan types and each plan would feature two architectural schemes with four different color scheme options. Exterior building elevations of the residences would be Craftsman style, consistent with the Old Poway Specific Plan Architectural Standards and Design Guidelines. The exteriors would feature cement tile roofs, overhanging eaves, wood accents, patterned windowpanes, and various combinations of board and batten, lap siding, stone, and brick. The exterior colors would be earth tones, including green, brown, and taupe shades. The project would require an extension of Holly Oak Way by approximately 600 feet to provide access to the subdivision. The extension of Holly Oak Way would be a continuation of a public road, maintained by the City. Public utilities, including City water and sewer would also be 10 of 132 1 July 19, 2022, Item #4 Environmental Initial Study and Checklist extended to the site. A six-foot-high1 concrete masonry unit {CMU) decorative block wall would be constructed along the rear property line of the homes that would back up to Twin Peaks Road and would provide noise attenuation. A pedestrian easement would extend from Holly Oak Way and connect to the pedestrian trail along Twin Peaks Road. The Holly Oak extension streetscape improvements would include new pedestrian sidewalks1 street trees1 and decorative Old Poway street lights consistent with the existing street lights on Holly Oak Way. The project includes 39 street trees along the extension of Holly Oak Way. Project construction would require the excavation of 5,900 cubic yards {cy) of soil, with 7,000 cy of fill. Approximately 1,100 cy of soil would be imported to the site to accomplish grading of the site. Construction would occur in four phases of approximately five homes each over a period of several years. 9. Surrounding Land Uses and Setting: Surrounding land uses include institutional uses and single-family residential uses. The Diroma Estates subdivision is located off Midland Road to the south/southwest of the project site along Holly Oak Way and is also zoned RS-4. Living Way Church and a single-family residence at the end of Outlook Drive are located west of the project site; these properties are also zoned RS-4. Administrative offices, Poway adult school, and a bus fleet storage lot for the Poway Unified School District are located across Twin Peaks Road, north of the project site. St. Gabriel Catholic Church is located just east of the school district property. The Kent Hills subdivision with access off Twin Peaks Road is located east of the project site along Kent Hill Way and is also zoned RS-4. Traffic signals operate along Twin Peaks Road at the intersections with Midland Road and Budwin Lane, while a stop sign controlled intersection occurs along Midland Road at the intersection with Holly Oak Way. The project site is surrounded by land within the Old Poway Specific Plan area. Elevations on the project site range from approximately 550 to 560 feet above mean sea level. The project site was historically used for farming and now contains a residence that was constructed in the late 1950s. The existing residence is surrounded by mature trees. The remainder of the parcel is vacant and has been disturbed by previous orchard activities. The project site contains developed, disturbed, and ornamental vegetation communities. 10. Other public agencies whose approval is required (e.g.: permits, financing approval, or participation agreement): _N_o_n_e ______________________ _ 11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.? City staff contacted the Native American Heritage Commission (NAHC) to request a consultation list of tribes that are traditionally and culturally affiliated with the geographic area of the project. The NAHC provided a consultation list of 16 tribes. On April 19, 2022, in compliance with California Public Resources Code section 21080.3.11 the City of Poway, as Lead Agency, sent a letter to the Tribal Representatives notifying the tribes of the proposed project. Responses to the Assembly Bill {AB) 52 consultation notices were received, as discussed in this document (refer to the Tribal Cultural Resources impact discussion). NOTE: Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process (see Public Resources Code section 21080.3.2). Information may also be available from the California Native American Heritage Commission's Sacred Lands File per Public Resources Code section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that Public Resources Code section 21082.3(c) contains provisions specific to confidentiality. 11 of132 2 July 19, 2022, Item #4 Environmental Initial Study 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 [8J Biological Resource D Geology/Soils D Hydrology/Water Quality D Population and Housing D Transportation D Utilities and Service Systems D Agriculture/Forestry Resources [8J Cultural Resources D Greenhouse Gas Emissions D Land Use and Planning D Public Services [8J Tribal Cultural Resources □ Wildfire Determination (to be completed by the Lead Agency): On the basis of this initial evaluation: D Air Quality D Energy D Hazards/Hazardous Materials D Mineral Resources D Noise D Recreation [8J Mandatory Findings of Significance D I find that the proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. [8J 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. D I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. D 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. D 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 132 3 July 19, 2022, Item #4 Environmental Initial Study and Checklist • C. EIS AND CHECKLIST ISSUE I. AESTHETICS. POTENTIALLY POTENTIALLY SIGNIFICANT SIGNIFICANT UNLESS IMPACT MITIGATION INCORPORATED LESS-THAN-NO SIGNIFICANT IMPACT IMPACT Except as provided in Public Resources Code section 21099, would the project: a. Have a substantial adverse effect on a scenic vista? b. Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? c. 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 regulations governing scenic quality? d. Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? II. AGRICULTURAL AND FORESTRY RESOURCES. X X X X 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 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? 13 of 132 X X 4 July 19, 2022, Item #4 Environmental Initial Study and Checklist POTENTIALLY POTENTIALLY SIGNIFICANT LESS-THAN-NO ISSUE SIGNIFICANT UNLESS SIGNIFICANT IMPACT MITIGATION IMPACT IMPACT INCORPORATED C. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(9)), timberland (as X defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d. Result in the loss of forest land or conversion of forest land to non-forest X land? e. Involve other changes in the existing environment that, due to their location or nature, could result in conversion of X 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: a. Conflict with or obstruct implementation X of the applicable air quality plan? b. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-X attainment under an applicable federal or state ambient air quality standard? C. Expose sensitive receptors to X substantial pollutant concentrations? d. Result in other emissions (such as those leading to odors adversely X affecting a substantial number of people? 14 of 132 5 July 19, 2022, Item #4 Environmental Initial Study and Checklist ISSUE 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 regional plans, policies, or regulations, or by the California Department of Fish and Wildlife 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, regulations, or by the California Department of Fish and Wildlife 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, 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 with established native resident migratory wildlife corridors, or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? 15 of 132 POTENTIALLY POTENTIALLY SIGNIFICANT SIGNIFICANT UNLESS IMPACT MITIGATION INCORPORATED X X 6 LESS-THAN-NO SIGNIFICANT IMPACT IMPACT X X X X July 19, 2022, Item #4 ISSUE V. CULTURAL RESOURCES. Would the project: a. Cause a substantial adverse change in the significance of a historical resource pursuant to section 15064.5? b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to section 15064.5? C. Disturb any human remains, including those interred outside of dedicated cemeteries? VI. ENERGY. Would the project: a. Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? b. Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? VII. GEOLOGY AND SOILS. Would the project: a. Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? 16 of 132 Environmental Initial Study and Checklist POTENTIALLY POTENTIALLY SIGNIFICANT SIGNIFICANT UNLESS IMPACT MITIGATION INCORPORATED X X X 7 LESS-THAN-NO SIGNIFICANT IMPACT IMPACT X X X X X X July 19, 2022, Item #4 Environmental Initial Study and Checklist POTENTIALLY POTENTIALLY SIGNIFICANT LESS-THAN-NO ISSUE SIGNIFICANT UNLESS SIGNIFICANT IMPACT MITIGATION IMPACT IMPACT INCORPORATED b. Result in substantial soil erosion or the X loss of topsoil? C. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and X potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d. Be located on expansive soil, as defined in Table 18-1-8 of the Uniform Building X Code (1994), creating substantial direct or indirect risk to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems X where sewers are not available for the disposal of wastewater? f. Directly or indirectly destroy a unique paleontological resource or site or X unique geologic feature? VIII. GREENHOUSE GAS EMISSIONS. Would the project: a. Generate greenhouse gas emissions, either directly or indirectly, that may X have a significant impact on the environment? b. Conflict with an applicable plan, policy, or regulation adopted for the purpose of X reducing the emissions of greenhouse gases? XIX. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a. Create a significant hazard to the public or the environment through the routine X transport, use, or disposal of hazardous materials? 17 of 132 8 July 19, 2022, Item #4 Environmental Initial Study and Checklist POTENTIALLY POTENTIALLY SIGNIFICANT LESS-THAN-NO ISSUE SIGNIFICANT UNLESS SIGNIFICANT IMPACT IMPACT MITIGATION IMPACT INCORPORATED b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident X conditions involving the release of hazardous materials into the envi ran ment? 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 that is included on a list of hazardous materials sites compiled pursuant to Government Code X section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, X would the project result in a safety hazard or excessive noise for people residing or working within the project area f. Impair implementation of, or physically interfere with, an adopted emergency X response plan or emergency evacuation plan? g. Expose people or structures either directly or indirectly, to a significant risk X 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 ground water quality? 18 of 132 9 July 19, 2022, Item #4 Environmental Initial Study and Checklist POTENTIALLY POTENTIALLY SIGNIFICANT LESS-THAN-NO ISSUE SIGNIFICANT UNLESS SIGNIFICANT IMPACT MITIGATION IMPACT IMPACT INCORPORATED 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, or through the addition of impervious surfaces, in a manner that would: i. Result in substantial erosion or X siltation on or off site; ii. Substantially increase the rate or amount of surface runoff in a matter X that would result in flooding on or off site; iii. Create or contribute runoff water that 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 pollutants due to X project inundation? e. Conflict with or obstruct implementation of a water quality control plan or X sustainable groundwater management plan? XI. LAND USE AND PLANNING. Would the project: a. Physically divide an established X community? b. Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted X for the purpose of avoiding or mitigating an environmental effect? 19 of 132 10 July 19, 2022, Item #4 ISSUE 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 land use plan? XIII. NOISE. Would the project: 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 groundborne vibration or groundborne noise levels? C. For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? XIV. POPULATION AND HOUSING. Would the project: a. Induce substantial unplanned population growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b. Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? 20 of 132 Environmental Initial Study and Checklist POTENTIALLY POTENTIALLY SIGNIFICANT SIGNIFICANT UNLESS IMPACT MITIGATION I NCO RPO RA TED 11 LESS-THAN-NO SIGNIFICANT IMPACT IMPACT X X X X X X X July 19, 2022, Item #4 Environmental Initial Study and Checklist ISSUE XV. PUBLIC SERVICES. 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 public services: i. Fire protection? ii. Police protection? iii. Schools? iv. Parks? V. Other public facilities? XVI. RECREATION. a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b. Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? XVII. TRANSPORTATION. Would the project: a. Conflict with program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? b. Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? 21 of 132 POTENTIALLY POTENTIALLY SIGNIFICANT SIGNIFICANT UNLESS IMPACT MITIGATION INCORPORATED 12 LESS-THAN-NO SIGNIFICANT IMPACT IMPACT X X X X X X X X X July 19, 2022, Item #4 Environmental Initial Study and Checklist POTENTIALLY POTENTIALLY SIGNIFICANT LESS-THAN-NO ISSUE SIGNIFICANT UNLESS SIGNIFICANT IMPACT IMPACT MITIGATION IMPACT INCORPORATED C. Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or X incompatible uses (e.g., 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 X historical resources as defined in Public Resources Code section 5020.1 (k), or ii. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in Public Resources Code section 5024.1 (c)? In applying the X criteria set forth in Public Resource Code section 5024.1 (c), the lead agency shall consider the significance of the resource to a California Native American tribe. 22 of 132 13 July 19, 2022, Item #4 Environmental Initial Study and Checklist ISSUE 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 stormwater drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? b. Have sufficient water supplies available to serve the project and reasonably foreseeable future 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 to serve the project's projected demand in addition to the provider's existing commitments? d. Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? e. Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? XX. WILDFIRE POTENTIALLY POTENTIALLY SIGNIFICANT SIGNIFICANT UNLESS IMPACT MITIGATION INCORPORATED LESS-THAN-NO SIGNIFICANT IMPACT IMPACT X X X X X If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project: a. Substantially impair an adopted emergency response plan or 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? 23 of 132 X X 14 July 19, 2022, Item #4 Environmental Initial Study and Checklist POTENTIALLY POTENTIALLY SIGNIFICANT LESS-THAN-NO ISSUE SIGNIFICANT UNLESS SIGNIFICANT IMPACT MITIGATION IMPACT IMPACT INCORPORATED C. Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines, or other utilities) X 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 X result of runoff, post-fire slope instability, or drainage changes? 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 eliminate a plant or animal X 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 project are X 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 that will cause substantial X adverse effects on human beings either directly or indirectly? 24 of 132 15 July 19, 2022, Item #4 Environmental Initial Study and Checklist D. DISCUSSION OF ENVIRONMENTAL EVALUATION Refer to the Environmental Initial Study Checklist Form above when reading the following evaluation. I. AESTHETICS 25 of 132 a. Less-than-Significant Impact. The City does not specifically designate scenic vistas. However, the project site is located within the Old Poway Specific Plan. The Old Poway Specific Plan identifies the segment of Midland Road between Hilleary Road and Twin Peaks Road as a scenic roadway. While the project site is not directly adjacent to Midland Road, the site is located approximately 450 feet east of Midland Road and portions of the project site would be briefly visible from some locations along the designated segment of Midland Road. The project site would include a vinyl fence along the western portion of the site. This fence would obstruct views of much of the development from Midland Road. The rooftop and second story portions of the residences would be visible above the fence. The project would include four single-story residences and sixteen two-story residences. The development would include four plan types, and each plan would feature two architectural schemes, with four different color scheme options. Exterior building elevations of the residences would be Craftsman style, consistent with the Old Poway Specific Plan. The exteriors would feature cement tile roofs, overhanging eaves, wood accents, and patterned windowpanes, with various combinations of board and batten, lap siding, stone, and brick. The exterior colors would be earth tones, including green, brown, and taupe. Street lights on the extension of Holly Oak Way would include decorative Old Poway street lights, consistent with the existing street lights on Holly Oak Way. The proposed residences would be developed consistent with the architectural standards identified in the Old Poway Specific Plan, would be consistent with surrounding development, and would maintain the character of the Old Poway Specific Plan area. With the incorporation of architectural design, as required by the Old Poway Specific Plan, the project would not result in significant visual impacts associated with the nearby scenic roadway portion of Midland Road. Impacts would be less than significant. b. No Impact. The project site is not located within or adjacent to a designated state scenic highway. The nearest designated state scenic highway is a portion of State Route 52, located approximately 9 miles south of the project site (California Department of Transportation 2022). As such, no impact associated with scenic resources within a state scenic highway would occur. c. Less-than-Significant Impact. See response I.a. The project would result in the development of the project site with 20 single-family residences. The single-family residential use would be consistent with the General Plan and zoning designations for the site. The project would implement the architectural standards required by the Old Poway Specific Plan to provide a development that is visually consistent with the character of the Old Poway Specific Plan area. Visual changes at the project site would occur as a result of the project; however, with the exception of the two zoning concessions (reduction in minimum lot size and reduction in side yard setbacks) provided consistent with the Poway Municipal Code and State bonus density laws, the project would be developed consistent with the Old Poway Specific Plan and zoning requirements. Therefore, impacts associated with visual changes to the project site would be less than significant. d. No Impact. The project would result in minor sources of new lighting associated with single-family uses that would be consistent with the City's Municipal Code and 16 July 19, 2022, Item #4 Environmental Initial Study and Checklist Old Poway Specific Plan. Proposed lighting would be similar in nature to the lighting in the surrounding area. No impact would occur. II. AGRICULTURE AND FORESTRY RESOURCES a. No Impact. The project site is designated as "Other Land" by the Farmland Mapping and Monitoring Program (Department of Conservation 2022). The project site is not designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. No impact associated with the conversion of farmland to non-agricultural use would occur. b. No Impact. The project site was farmed from the late 1880s until 1958 (ASM Affiliates 2021 a). However, since 1958, the project site has been vacant except for the residence located in the southwest portion of the site. The project site is zoned for single-family residential uses (RS-4). As such, the project would not conflict with existing zoning for agricultural use or a Williamson Act contract. No impact would occur. c. No Impact. The project site does not contain, and is not zoned for, forest land, timberland, or timberland zoned Timberland Production. No impact would occur. d. No Impact. As discussed in response I1.c, the project site is not located in an area containing forest land. As such, the project would not convert forest land to non-forest use. No impact would occur. e. No Impact. The project would not result in impacts to agricultural or forest lands, nor would it introduce elements that would covert agricultural use to non-agricultural use or forest land to non-forest land use. No impact would occur. Ill. AIR QUALITY 26 of 132 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 the AQMP is to bring the area into compliance with the requirements of federal and state air quality standards, and to coordinate regional and local governmental agencies to achieve air quality improvement goals. A San Diego Regional Air Quality Strategies (RAQS) (1994; jointly developed by the APCD and the San Diego Association of Governments [SAN DAG]) exists for the San Diego area and provides strategies for pollution control to improve air quality in the region. Land use plans and build out projections of the General Plans of jurisdictions within the San Diego area were considered in establishing the strategies of the RAQS. The Poway General Plan includes strategies that are directed toward reducing air emissions through land use patterns, transportation planning, regional agency cooperation, energy conservation, and construction. The project is consistent with the Poway General Plan strategies, in that the General Plan envisioned this type of development on the project site; therefore, it is also consistent with the regional emissions projected in the RAQS. No impact would occur. b. Less-than-Significant Impact. See response II.a above. Project implementation would produce temporary pollutant emissions during construction and long-term operational emissions. Project construction activities would generate combustion 17 July 19, 2022, Item #4 Environmental Initial Study and Checklist emissions from the operation of on-site heavy duty construction vehicles and motor vehicles transporting the construction crew and necessary construction materials. Exhaust emissions generated by construction activities would generally result from the use of heavy-duty construction equipment that may include excavation equipment, forklift, skip loader, and/or dump truck. Total daily construction emissions are a function of the level of equipment activity, length of construction period, number of pieces and types of equipment in use, site characteristics, weather conditions, number of construction personnel, and the amount of materials being transported on or off-site. Fugitive dust emissions generally represent 30 percent of all particulate matter and are generally associated with land clearing and grading operations. Standard City requirements include implementation of dust control measures and the construction activities would be subject to SDAPCD standards, including dust control measures. Based on the small size of the project, construction emissions would be minor and temporary in nature, and impacts would be less than significant. Operational air pollutant emissions would include those associated with stationary sources, energy sources, and mobile sources. Stationary sources associated with the project would come from landscape equipment, general energy use, and solid waste. Energy emissions would come from electricity and natural gas use. Mobile source emissions would be generated due to personal vehicles use from residents (estimated to be 200 average daily trips (ADT)). Based on the small project size, project-related long-term operational emissions are expected to be minor and would result in less-than-significant impacts. c. No Impact. Sensitive receptors include schools, hospitals, resident care facilities, day care centers, or other facilities that may house concentrations of individuals with health conditions that would be adversely impacted by changes in air quality. Adjacent land uses include residential and institutional (consisting of a church, and administrative offices and a bus fleet storage lot for the Poway Unified School District across Twin Peaks Road). Twin Peaks Middle School and Terra Bonita Elementary School are situated more than 0.25-mile northeast of the project site. Therefore, the project site does not have adjacent or nearby sensitive receptors. Based on the small project size, temporary nature of the construction emissions, and minor amount of operational emissions, and the project would not result in the exposure of sensitive receptors to substantial pollutants. No impact would occur. d. Less-than-Significant Impact. Odors would be temporarily generated from equipment exhaust emissions during construction of the project. Odors produced during construction would be attributable to concentrations of unburned hydrocarbons from tailpipes of construction equipment and architectural coatings. Such odors are temporary, localized and generally occur at magnitudes that would not affect a substantial number of people. No sources of odor would be associated with long term residential use of the site. Therefore, the proposed project would result in a less than significant odor impact. IV. BIOLOGICAL RESOURCES 27 of 132 a. Potentially Significant Impact Unless Mitigation Incorporated. The project site has been historically disturbed by development and prior agricultural activities. No special status plants or animals were observed at the project site during a biological survey, and none are expected based on the disturbed nature of the project site (Alden Environmental 2021 ). No active bird nests were observed on the project site during the general biological survey or during the focused nesting survey conducted 18 July 19, 2022, Item #4 28 of 132 Environmental Initial Study and Checklist for the project. Three inactive raptor nests were observed in the pine trees on site during the surveys. Raptors and potentially other bird species would likely utilize these nests for breeding in the future. Thus, the project would result in potentially significant impacts to migratory or nesting birds, and mitigation is required. A low potential exists for roosting bat species to occur in the on-site structures and/or mature palm trees on the project site, mitiqation is required. Implementation of mitigation measure?. 810-1 a and 810-1 b would reduce potentially significant impacts to m~Gf--A-esting birdssensitive animal species to a less-than-significant level. 810-1~: Removal of the trees on site shall occur outside of the breeding season for nesting birds, which generally runs from February 1 through September 15 (as early as January 1 for some raptors){.J;.ooruaryt---4-to September 15). If removal of the pine trees must occur during the breeding season, a qualified biologist shall conduct a pre-construction survey to determine the presence or absence of nesting birds or raptors protected under the Migratory Bird Treaty Act and California Fish and Game Code. The pre-construction survey shall be conducted within 3 calendar days prior to the start of construction activities (including removal of vegetation) and shall include the limits of disturbance and an additional 100 feet (300 feet for raptors) from the area of disturbance. The applicant shall submit the results of the pre-construction survey to the City of Poway for review and approval prior to initiating any construction activities. 1) If nesting bird behavior and active nests are not detected during the pre-construction survey, no further mitigation is required. ~If nesting birds behavior is afe-detected, a mitigation plan fpfe--GGA-St™Gt-K}n survey} in conformance with applicable state and federal law (e.g., appropriate follow-up surveys, monitoring schedules, construction, noise barriers, and/or buffers f see items 3 and 4 below]~0--~e-t) shall be prepared and include proposed measures to be implemented to ensure that take of birds or eggs, or disturbance of breeding activities, is avoided. The mitigation plan shall be submitted to the City for review and approval. The recommendations contained in the mitigation plan shall be implemented prior to and during construction, to the satisfaction of the City. 3) If an active nest is detected during the pre-construction survey or a follow-up survey, a buffer shall be established between the nest and construction activities, and the nest shall be monitored on a daily basis by a qualified biologist to ensure that nesting activities are not interrupted. The buffer shall be 100 feet for common avian species, 300 feet for listed or highly sensitive species, and 500 feet for raptors. The buffer shall be delineated with temporary fencing and shall remain in place as long as construction is occurring. No vegetation clearing or construction shall occur within the fenced buffer until the young have fledged, are no longer being fed by the parents, and are no longer being impacted by construction as determined by a qualified biologist. Reductions in a nest buffer distance may be appropriate depending on the avian species involved, ambient levels of human activity, screening vegetation, or possibly other factors as determined by a qualified biologist. 19 July 19, 2022, Item #4 Environmental Initial Study and Checklist 29 of 132 2-}-If nestiAg birds are not dete-Gtoo4u++ng the p~GP.stru~rvey, no fH~J:ler mi#gation is required. J}-+f--~,9-bi rd s a re d eteGt-00-aHG-GGP~: on a ct i \q~-4Hr.i-n-g tA-e-breediAg-season, tAe--follmving mitigation measures-&P.all be implemented prior to and during construction: a\ "'I"\ \/_Of"'IOt".ltil"\n cle,,ring sh al' l"\ccur ,,vj+hin ~or1 fee+ l"\f an ~r-4-i"e rap+or / I iV i~tttrrl CCI I U ii Clii V O I CV -ctbi.lV t I nest and 100 fee-t--Bf an active nest-of a non listed bird species until a biologist has determined that the young have fledged ~ th at the nest--i-s-maGWJe.-~e-:,a~d on ed) . b) Active -A-e-st-s-shall be rnooitored on---a---0a-i-!.y.-t}a-s+s-to determine the effe.Gtiveness of t-he--avoidance ~e-ing implemented. The ~st-~mooiror~ active Re8t&--Hm4-aU--yooo9--ftave---f~ YP..W-t4e-nest is dete-rrnined inactive. c) A minimu~ betvveen the location of an active raptor nest and the nearest coA-Struction activity shall be maintained until the :fGHA9 have fledged from the nest or until the nest is ootermined inactive. For nests of non raptor birds, a buffer of 100 feet shall be maintained. 4) While no specific noise thresholds have been established for nesting raptors or other non-listed bird species, construction activities that are expected to generate noise levels above the ambient noise level at the edge of an established nest buffer shall be measured by an acoustician technician. T-he-a6ctive nest§. shall also be monitored on a daily basis by a qualified biologist to determine if there is any adverse effect on the breeding behavior of the particular species from tfle.-elevated noise levels. If it is determined that the elevated noise level is having an effect on the breeding behavior of the nesting bird species, then the noise generating construction activity shall be suspended in the vicinity of the active nest buffer until such time as the young have fledged, are no longer being fed by the parents, and are no longer being impacted by the noise as determined by a qualified biologist-a-1+-G-f the young birds have fledged or until the nest is determined inactive. 810-1 b: Removal of the trees and existing structures on site shall occur outside of the roosting season for bats (approximately March through September). If removal must occur during the roosting season, a qualified biologist with expertise and experience ,conducting bat surveys shall be retained by the applicant as a qualified bat biologist. A pre-construction survey shall be conducted by the qualified bat biologist no more than 30 days prior to the removal of trees and existing structures. The qualified bat biologist shall survey all trees or structures that provide suitable bat roosting habitat. The applicant shall submit the results of the pre-construction survey to the City of Poway for review and approval prior to initiating any construction activities. If a maternity roost is determined present, a 300-foot buffer shall be placed around the roost, and no work shall occur within the buffer until after the roosting season is over. Work within the buffer may proceed after the qualified bat biologist is able to verify that the roost is no longer active. 20 July 19, 2022, Item #4 30 of 132 Environmental Initial Study and Checklist If no bat roosts are detected during the pre-construction survey, no further mitiqation is required. b. No Impact. The project site is completely disturbed and supports non-sensitive developed, disturbed, and ornamental vegetation communities/land cover types (Alden Environmental 2021 ). The project site does not contain riparian habitat or other sensitive natural communities. As such, the project would not result in adverse effects to such resources and no impact would occur. c. No Impact. No wetland or riparian vegetation communities were observed on the site during the biological survey conducted for the project (Alden Environmental 2021 ). There was no evidence of channels, basins, swales, streambeds, or other features that would suggest water conveyance and/or the presence of jurisdictional features observed during the biological survey. No impact to state or federally protected wetlands would occur. d. Potentially Significant Impact Unless Mitigation Incorporated. The project site contains pine trees with inactive raptor nests. While no birds were present during biological surveys for the project, the presence of the trees and inactive nests could support migratory or nesting birds, as discussed in response IV.a above. Therefore, the project would have a potentially significant impact on the movement of migratory wildlife species, such as migratory or nesting birds. Implementation of mitigation measure 810-1, as described above, would reduce these potentially significant impacts to a less-than-significant level. e. Less-than-Significant Impact. The project would comply with the City of Poway's Urban Forestry Ordinance. The project would include the removal of 46 private trees on the project site, including oak, pine, toyon, date palm, American beech, and California pepper trees. These trees are generally located in the southwestern portion of the project site, near the existing residence. Trees would be removed consistent with the requirements of Poway's Municipal Code section 12.32.150, Private Tree Removal Permit. The removed trees would be replaced consistent with the requirements of Poway Municipal Code section 12.32.170, Replacement of Trees. The removal of trees exceeding 8 inches diameter at breast height (DBH) would require replacement at a ratio of two 48-inch box specimen trees per one tree removed. Other trees would be replaced at a one-to-one ratio consistent with the requirements of the Municipal Code. The project would require the replacement of six Coast Live Oak trees with 8-inch or greater DBH at a two-to-one ratio. Additionally, 33 other trees that have 8-inch DBH or greater would require replacement at a two-to one ratio. Four Coast Live Oak trees and two other trees with DBH of less than 8 inches would be replaced at a one-to-one ratio. There are 11 trees along the northern project boundary, within the public right-of-way that would remain in place as part of the project. The removal of trees at the project site and the installation of replacement trees would be conducted consistent with the requirements of the City of Poway's Urban Forestry Ordinance. The replacement trees would be planted throughout the project site as street trees or private trees within front or rear yards. Impacts would be less than significant. f. No Impact. The project site is located within the Poway Subarea Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP). The project site is mapped as disturbed habitat on Figure 1 (Vegetation Communities) of the Poway Subarea HCP/NCCP. The project site is not included within mapped preserve areas shown on Figure 3 of the Poway Subarea HCP/NCCP. This is due to the highly disturbed and developed nature of the project site and surrounding 21 July 19, 2022, Item #4 Environmental Initial Study and Checklist properties. Therefore, implementation of the project would not conflict with the provisions of an adopted HCP/NCCP. No impact would occur. V. CULTURAL RESOURCES 31 of 132 a. Potentially Significant Impact Unless Mitigation Incorporated. The existing residence on the project site, which was constructed between 1953 and 1958, was evaluated for eligibility for listing in the California Register of Historic Resources (CRHR), as a City of Poway historic resource or Historic Landmark, and as a historic resource under CEQA. As part of the evaluation, an on-site survey of the home and property, archival research, and a review of building records were conducted (ASM Affiliates 2021 b). The evaluation determined that the single-family residence at the project site is not eligible for listing under the CRHR and the City of Poway criteria; therefore, the residence does not meet the definition of a historical resource under CEQA. However, the project site is located within the boundary of the prehistoric Village of Paguai (CA-SDl-4606), as discussed further in response V.b below. This site is presumed eligible for inclusion in the CRHR and would require mitigation measures CUL-1 through CUL-5, as discussed below, to reduce potentially significant impacts to a less-than-significant level. b. Potentially Significant Impact Unless Mitigation Incorporated. The project site is located within the boundary of the prehistoric Village of Paguai (CA-SDl-4606), and archaeological resources have been identified on the project site in the past, and recently during the archaeological survey conducted for the project (ASM Affiliates 2021 a). A total of 35 cultural resources have been recorded within 1-mile of the project site, with one resource (CA-SDl-4606) covering the entire project site. CA-SDl-4606 has been previously recommended eligible for listing in the CRHR, which indicates that it has yielded, or has the potential to yield, information important to the prehistory or history of a local area, California, or the nation (CRHR Criterion 4). During the pedestrian field survey conducted as part of the archaeology survey, 135 artifacts were recorded on the surface of the project site, including 59 pieces of brownware potsherds, 67 pieces of debitage, two granitic hand stone fragments, two volcanic cores, one possible polishing stone, and four retouched flakes. Artifacts were scattered on the surface primarily along the eastern half of the project site; however, several of the artifacts were observed in the animal burrow tailings suggesting a possible buried component of the project site. Based on the known presence of CA-SDl-4606 on the project site, and the identification of a large number of artifacts on the project site, the presence of an intact subsurface deposit is possible. This site is presumed eligible for listing in the CRHR. As such, a CRHR-eligible resource is present on the project site and implementation of the project would result in potentially significant impacts to known and unknown archaeological resources. The implementation of mitigation measures CUL-1 through CUL-4 would reduce these impacts to a less-than-significant level. CUL-1: A treatment plan for the archaeological data recovery program and construction monitoring shall be prepared by a qualified archaeologist prior to issuance of a grading permit. The treatment plan shall identify the project site and take into consideration the vertical and horizontal extent of proposed grading and ground disturbing activities within the project site. The plan shall describe how archaeological data would be scientifically and systematically collected from the project site, and how this data would be used to address research issues. 22 July 19, 2022, Item #4 32 of 132 Environmental Initial Study and Checklist CUL-2: Prior to excavation and ground disturbing activities, a data recovery program shall be completed by a qualified archaeologist. The data recovery phase shall focus on recovering archaeological data sufficient to mitigate the destruction of CA-SDl-4606 within the project site. The amount of excavation and the locations of the excavation shall be determined through a Ground Penetrating Radar study as well as surface observations. Standard hand-excavated archaeological 1-x-1-m test units can be used during this phase, although these may be expanded if features are discovered or to cover a larger part of the project site. The units shall be excavated by hand using arbitrary 10-cm levels unless cultural stratigraphy is identified. Hand tools potentially including shovels, picks, trowels, brushes, and probes, shall be used in the excavation. All soils shall be passed through 1/8-inch mesh screen (or smaller if column samples are taken and processed), using a water-screening technique. Following completion of excavation, all cultural materials shall be washed, cataloged, and analyzed. Technical analyses shall include lithic artifact analysis, shellfish analysis, chronometric studies, faunal studies, and other analyses as needed to describe the cultural materials and address the research issues. A data recovery report shall be prepared and submitted to the City of Poway for approval. CUL-3: At the completion of the data recovery program, an updated State of California Department of Parks and Recreation 523 site form shall be prepared and submitted to the South Coastal Information Center (SCIC). The form shall provide revised site boundaries, as determined by the archaeological investigations, and shall include a description of the artifacts and deposits found at the site. CUL-4: At the completion of the data recovery program, an archaeological resources monitoring program shall be implemented during excavation and ground disturbing activities and include the following: 1) Prior to issuance of a grading permit, the applicant shall provide written verification that a qualified archaeologist has been retained to implement the monitoring program. This verification shall be presented in a letter from the project archaeologist to the City of Poway. 2) The qualified archaeologist shall attend the pre-construction meeting with the contractors and City staff to explain and coordinate the requirements of the monitoring program. 3) The qualified archaeologist shall direct the field monitor during grading of all areas identified for development. 4) Native American monitoring will be required during grading, unless the certified archaeologist determines that the potential for cultural resources has been exhausted. The Native American monitors shall be invited to participate in the monitoring program and will be directed by the project archaeologist. 5) During the original cutting of previously undisturbed deposits, the archaeological monitor and Native American representative shall be on site, as determined by the qualified archaeologist, to perform inspections of the excavations. Full-or part-time inspections may be needed depending upon the rate of excavation, the materials excavated, and the presence and abundance of artifacts and features. 23 July 19, 2022, Item #4 Environmental Initial Study and Checklist 33 of 132 6) Isolates and clearly non-significant deposits will be minimally documented in the field so the monitored grading can proceed. 7) In the event that previously unidentified cultural resources are discovered, the archaeologist shall have the authority to divert or temporarily halt ground-disturbance operation in the area of discovery to allow for the evaluation of potentially significant cultural resources. The archaeologist shall contact the City of Poway at the time of discovery. The archaeologist, in consultation with the City of Poway, shall determine the significance of the discovered resources. The City of Poway must concur with the evaluation before construction activities will be allowed to resume in the affected area. 8) Before construction activities are allowed to resume in the location of any discovered significant cultural deposits, the artifacts shall be recovered and features recorded using professional archaeological methods. The archaeological monitor(s) shall determine the amount of material to be recovered for an adequate artifact sample for analysis. 9) All cultural material collected during the grading monitoring program shall be processed and curated according to the current professional repository standards. The collections and associated records shall be transferred, including title, to an appropriate curation facility, to be accompanied by payment of the fees necessary for permanent curation. 10) A report documenting the field and analysis results and interpreting the artifact and research data within the research context shall be completed and submitted to the City of Poway prior to the issuance of any building permits. c. Potentially Significant Impact Unless Mitigation Incorporated. See response V.b. Mitigation measure CUL-5 would reduce potentially significant impacts associated with the discovery of human remains to a less-than-significant level. CUL-5: If human remains are discovered, they shall be treated with respect. If human remains are found during any ground disturbance associated with project development activities, including the archaeological data recovery programs, the archaeological monitor and the construction contractor shall comply with PRC 5097.98. Details of this law are summarized below for this project: 1) The discovery location shall be protected and secured from further disturbance. 2) The construction contractor shall contact the San Diego County Medical Examiner to identify any possible human remains. 3) If the remains are determined by the Medical Examiner or an authorized representative to be Native American, the Medical Examiner shall contact the Native American Heritage Commission (NAHC). 4) The NAHC shall contact the Most Likely Descendant (MLD). 5) The Project proponent shall provide the MLD with access to the discovery location, which shall have been protected from damage. 24 July 19, 2022, Item #4 Environmental Initial Study and Checklist 6) The M LO shall make a recommendation for treatment of the remains within 48 hours. Possible options for treatment include: a) Preservation in place and avoidance. b) Removal by a qualified archaeologist. Analysis by an osteologist or physical anthropologist may or may not be possible. c) Repatriation of the remains to the MLD following the Native American Graves Protection and Repatriation Act (NAGPRA) process. d) Reburial of the remains on the property. 7) If the MLD does not make a recommendation within 48 hours, or if the recommendations are not acceptable to the project proponent following extended discussions and mediation, the project proponent shall reinter the remains and burial items with appropriate dignity on the property, in a location not subject to further subsurface disturbance. The location of reinterment shall be protected by one of the three following measures: a) Record the location with the NAHC or the SCIC. b) Utilize an open space or conservation zoning designation or easement. c) Record a document with San Diego County. 8) If multiple human remains are found, extended discussions shall be held with the MLD. If agreement on the treatment of these remains is not reached, they shall be reinterred in compliance with PRC 5097.98(e). VI. ENERGY 34 of 132 a. Less-than-Significant Impact. Project construction would result in temporary energy demands for electricity, vehicle fuel, and equipment fuel. Electricity use during construction would vary during different phases of construction; however, the majority of energy usage would be associated with the consumption of fossil fuels as a result of on-road vehicles for worker commutes, materials delivery, and the operation of construction equipment and vehicles. The project's operational energy usage would be minimized through compliance with the California Building Code Standards (i.e., California Code of Regulations [CCR] Title 24) and California Green Building Standards Code, as applicable to the project. Therefore, the project would not result in the wasteful, inefficient, or unnecessary consumption of energy resources. Impacts would be less than significant. b. Less-than-Significant Impact. To minimize its energy demand, the project would comply with CCR Title 24 and California Green Building Code Standards, as described above in response VI.a. Because the project would integrate design features to comply with the applicable regulations pertaining to energy efficiency, the project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency, including the California Energy Commission's Integrated Energy Policy Report. Impacts would be less than significant. 25 July 19, 2022, Item #4 Environmental Initial Study and Checklist VII. GEOLOGY AND SOILS 35 of 132 a.i. No Impact. The project site is not located within a currently designated Alquist-Priolo Earthquake Fault Zone. No known active faults are mapped within the project site. The nearest active fault is the San Diego Section of the Newport-Inglewood-Rose Canyon fault zone, located approximately 15.8 miles to the southwest. The nearest active strand of the Elsinore fault zone lies approximately 25 miles to the northeast of the project site. Based on the geotechnical analysis conducted for the project (NOVA 2020), due to the lack of known active faults on the site, the potential for surface rupture at the site is considered to be very low. Shallow ground rupture due to shaking from distant seismic events is not considered a significant hazard. As such, no impact would occur. a.ii. Less-than-Significant Impact. Like most of Southern California, the project site is located within a seismically active area, and there is potential for strong ground motion due to seismic activity at the project site during the design life of the proposed structures. Based on the site-specific geotechnical evaluation (NOVA 2020), the project site may be subjected to a Magnitude 7 seismic event. The project would be designed to comply with local and state standards for seismic and geologic conditions. Compliance with these standards, including construction consistent with the California Building Code would ensure impacts associated with strong seismic ground shaking would be less than significant. a. iii. Less-than-Significant Impact. Potential ground movement associated with earthquakes include liquefaction, dry sand settlement, and lateral spreading. Liquefaction refers to the loss of soil strength during a seismic event and is often observed in areas that include geologically younger soils, shallow water table, and cohesion less soils of loose consistency. Based on an analysis of soil borings from the project site, the dense weathered tonalite at the project site would be resistant to liquefaction. Due to the limited potential for liquefaction, the potential for lateral spreading is identified as very low at the project site. Additionally, the worst-case settlement is estimated at 0.5 inch of settlement at the ground surface, with a more typical settlement estimate at about 0.2 inch at the ground surface. As identified in the project geotechnical report (NOVA 2020), the analysis of liquefaction, settlement, and lateral spreading at the project site indicates these hazards are not a constraint to the development of the project site with single-family residences. Impacts would be less than significant. a.iv. No Impact. The project site and immediately surrounding area consists of level ground. As such, the potential for landslide hazards at the project site are considered negligible (NOVA 2020). No impact associated with landslides would occur. b. Less-than-Significant Impact. The project would be required to comply with all erosion control regulations, including implementation of standard erosion control measures in accordance with the City Municipal Code. As such, the project would not result in substantial soil erosion or the loss of topsoil. Impacts would be less than significant. c. Less-than-Significant Impact. Refer to responses VII.a.iii and VII.a.iv. Liquefaction, settlement, lateral spreading, and landslides are not identified as significant hazards for the project site. Additionally, the project would not result in instability associated with embankments, based on the existing flat nature of the site and adjacent areas (NOVA 2020). Additionally, soils at the project site are not 26 July 19, 2022, Item #4 Environmental Initial Study and Checklist potentially hydro-collapsible (NOVA 2020). Impacts associated with geologic units or soils that are unstable would be less than significant. d. No Impact. The cohesionless ("sandy") alluvial soils and sandy weathered granitic rock at the project site are not expansive (NOVA 2020). As such, no impact associated with expansive soils would occur. e. No Impact. The project does not propose the use of septic tanks or other alternative wastewater disposal systems. As such, no impact associated with soils adequate for supporting alternative wastewater systems would occur. f. No Impact. Geologic units encountered on site consist of Quaternary-aged young alluvial flood-plain deposits from tributaries of Rattlesnake Creek and Cretaceous-aged weathered tonalite (NOVA 2020). No fossils are known from Quaternary alluvial deposits and their relative youthfulness would suggest that none would probably be found (Demere and Walsh 1993). These alluvial deposits are assigned a low paleontological sensitivity. Granitic-type rocks of the southern California batholith, such as tonalite, are not known to have yielded fossils, owning to the fact that plutonic rocks are formed by crystallization of magmas several miles below ground surface (Demere and Walsh 1993). These rocks are classified as zero sensitivity for paleontological resources. Based on the designated sensitivity of geologic units at the site, which range from zero sensitivity to low sensitivity, the project is not expected to result in impacts to paleontological resources. No impact would occur. VIII. GREENHOUSE GAS EMISSIONS 36 of 132 a. Less-than-Significant Impact. Greenhouse gases (GHGs) allow solar radiation (sunlight) into the Earth's atmosphere, but prevent radiative heat from escaping, thus warming the Earth's atmosphere. GHGs are emitted by both natural processes and human activities; and the accumulation of GHGs in the atmosphere regulates the Earth's temperature. Emissions of GHGs in excess of natural ambient concentrations are thought to be responsible for the enhancement of the greenhouse effect and contributing to what is termed "global warming." The California Air Pollution Control Officers Association (CAPCOA) prepared a white paper (the CAPCOA white paper) that provided guidance on when a project would generate GHG emissions that may have a significant impact on the environment. In that document, CAPCOA proposed a quantitative threshold of 900 metric tons {MT) of carbon dioxide equivalent (CO2e) emissions as a threshold below which no significant impacts on the environment would be anticipated. According to the CAPCOA white paper, 900 MT CO2e represents the emission that would be generated by 50 single-family residences annually. Since the project is a residential development of 20 residences, and a net of 19 new residences after the demolition of the existing residential structure, project GHG impacts would be less than significant. b. Less-than-Significant Impact. See response VIII.a above. Emissions associated with the project would be reduced to a level that is consistent with the goals of AB 32 to reduce statewide GHG emissions through the implementation of mobile source regulations, CCR Title 24 energy efficiency requirements, and renewable portfolio standards adopted by the State of California. As such, GHG impacts associated with the project would be less than significant 27 July 19, 2022, Item #4 Environmental Initial Study and Checklist IX. HAZARDS AND HAZARDOUS MATERIALS a. No Impact. The project would result in the construction of 20 single-family residences. No transport, storage, or use of hazard materials beyond that which typically occurs with a single-family home would occur. No impact would occur. b. No Impact. See response IX.a above. No impact would occur. c. No Impact. See response IX.a above. No impact would occur. d. No Impact. Based on a review of the California Department of Toxic Substances Control (DTSC) EnviroStor database, neither the project site nor directly adjacent properties are included on a list of hazardous materials sites compiled pursuant to Government Code section 65962.5 (DTSC 2022). Items observed on the project site that could be potential sources of contamination include: two 5-gallon containers of hydraulic oil; minor amounts of pesticides, paints, cleaning chemicals, and other chemicals; a well and associated equipment; small containers of unidentified substances; and waste materials (Ninyo & Moore 2020). A review of historical resources, a search of the environmental databases, and records request from various agencies did not yield evidence of known contamination (Ninyo & Moore 2020). The former use of the project site for agricultural uses was identified as a recognized environmental condition, based on the potential for organochlorine pesticide use and arsenic to be present in shallow soil at elevated levels; however, soil sampling and testing revealed that organochlorine pesticides and arsenic were not present at the project site above their respective laboratory reporting limits or human health/background screening levels (Ninyo & Moore 2021 ). Therefore, no impact would occur. e. No Impact. The airports closest to the project site are Marine Corps Air Station Miramar, located approximately 8 miles southwest of the site, and Ramona Airport, located approximately 7.5 miles northeast of the project site. The project site is not located within the Air Installations Compatible Use Zones for Marine Corps Air Station Miramar (Marine Corps Air Station Miramar 2020) or within the Airport Land Use Compatibility Plan area for the Ramona Airport (San Diego County Airport Land Use Commission 2011 ). Thus, the project would not result in a safety hazard or excessive noise associated with airports. No impact would occur. f. No Impact. The project would not impact or physically interfere with an adopted emergency response or evacuation plan. Operation of the project would not interfere with people's ability to utilize roadways for evacuation purposes. Accordingly, no impact would occur. g. No Impact. According to the Very High Fire Hazard Severity Zones (VHFHSZ) map for Poway (CAL FIRE 2009), while the project is adjacent to land within the VHFHSZ, the project site is not located within the VHFHSZ. As such, no impact associated with the significant risk or loss, injury, or death involving a wildfire would occur. X. HYDROLOGY AND WATER QUALITY 37 of 132 a. Less-than-Significant Impact. The project would comply with all storm water quality regulations or waste discharge requirements for 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 would require a grading permit and 28 July 19, 2022, Item #4 Environmental Initial Study and Checklist a Stormwater Pollution Prevention Plan (SWPPP), which would be ensured as part of the project improvements plan review and building permit process. The project would incorporate infiltration trenches and trees wells for storm water treatment and hydromodification management plan controls (SB&O 2021 a) and would not violate water quality standards or waste discharge requirements. Impacts would be less than significant. b. No Impact. The project does not propose construction activities that would directly affect groundwater, contribute to the depletion of groundwater supplies, or interfere with groundwater recharge. Infiltration trenches and tree wells would capture runoff produced on site and assist in the replenishment of groundwater resources. No impact would occur. c.i.-iv. Less-than-Significant Impact. The project has been designed such that there is no increase in the amount of storm water runoff beyond that which currently exists at the site. The project would incorporate infiltration trenches and trees wells for storm water treatment and hydromodification management plan controls. The storm water management facilities are required to be maintained throughout the life of the project as outlined in Poway Municipal Code section 16.104. Impacts would be less than significant. d. No Impact. The project site is designated as Federal Emergency Management Agency (FEMA) Flood Zone X, which is an area of minimal flood hazard (FEMA 2012). The project site is located approximately 13 miles inland from the Pacific Ocean, and as such, would not be subject to inundation from a tsunami. The project site is over 2.25 miles southwest of Lake Poway and, therefore, not located near a body of water that could generate a seiche (NOVA 2020). The project is not located in a flood hazard, tsunami, or seiche zone, and no impact associated with the risk of pollutant release due to project inundation would occur. e. Less-than-Significant Impact. See responses X.a and X.b above. Impacts would be less than significant. XI. LAND USE AND PLANNING 38 of 132 a. No Impact. The project site is located within a developed area, with residential uses adjacent to the east and southwest. A church is located adjacent to the west of the project site, and school district buildings are located to the north, across Twin Peaks Road. The construction of single-family residences on the site would be consistent with existing zoning and the existing surrounding uses. The project would occur on an infill location and not result in physically division of an established community. No impact would occur. b. No Impact. The project site is zoned for and designated by the Poway General Plan for residential uses. The proposed project would be consistent with the existing General Plan and zoning designations for the site, with the exception of the minimum lot size and side yard setback reductions requested as concessions to accommodate an affordable housing unit. The project has been designed to be consistent with architectural design standards identified in the Old Poway Specific Plan. As such, the project would not result significant environmental effects due to a conflict with any land use plan, policy, or regulation. No impact would occur. 29 July 19, 2022, Item #4 Environmental Initial Study and Checklist XII. MINERAL RESOURCES a. No Impact. According to the Poway General Plan, the only known valuable mineral resource, as recognized by the California Department of Conservation, Division of Mines and Geology, is construction-quality sand and gravel located in the South Poway area of the city, which is more than 3 miles south of the site. No impact would occur. b. No Impact. See response XII.a above. No impact would occur. XIII. NOISE 39 of 132 a. Less-than-Significant Impact. Noise from the project would be that typical of residential uses in the neighborhood and would not result in impacts to adjacent uses. During project construction, temporary or periodic increase in noise levels would occur. Per City standards, the noise generating construction activities are limited to certain times of the day and days of the week. Compliance with City requirements related to construction activities would ensure that temporary increases in noise levels associated with construction would remain less than significant. In regard to permanent increases in noise levels, the primary source of noise in the project vicinity is vehicular traffic on Twin Peaks Road. Existing ADT occurring on area roadways include 21,475 ADT on Twin Peaks Road between Midland Road and Budwin Lane, and 4,753 ADT on Midland Road between Twin Peaks Road and Holly Oak Way (Intersection Metrics 2021 a). As discussed in more detail in Section XVII, the project would generate 200 ADT. A 3 dB change in noise levels is the minimum level required for a perceptible change in noise levels for the general population. In order to increase ambient road noise by 3 dB, a project would have to double the amount of traffic on a road. The project would introduce a small increase in traffic trips to area roadways but would not result in doubling of traffic on these roadways. As such, the project would not result in a discernable permanent increase in traffic noise and impacts associated with the project's contribution to traffic noise increases would be less than significant. Based on sound level measurements taken as part of the project noise analysis (dBF Associates 2021 ), sound levels at the northern project property line were measured at approximately 68 A-weighted decibels equivalent continuous sound pressure (dBA Leq). Existing worst-case exterior noise levels at the proposed residential parcels would range from below 60 dBA community noise equivalent level (CNEL) at lots 1 and 20 (at the southern edge of the project site) to approximately 72 dBA CNEL at the northern edge of the project site, on proposed lots 10 and 11. The project includes the construction of a continuous 6-foot-high CMU wall along the northern property boundary. This wall would provide an approximately 9 dBA noise reduction from Twin Peaks Road traffic noise. With the wall, future exterior noise levels at all project outdoor use areas would be below 65 dBA CNEL. As such, permanent noise impacts to future residents of the project would be less than significant. b. Less-than-Significant Impact. Project grading and construction activities may result in temporary generation of groundborne vibration associated with the operation of construction equipment. The generation of groundborne vibration associated with the operation of construction equipment would be temporary, during the construction period and would occur in different locations on the site. 30 July 19, 2022, Item #4 Environmental Initial Study and Checklist Adjacent residential uses would be subject to temporary impacts associated with groundborne vibration. However, the project would be required to adhere to City requirements that limit construction activities to certain times of the day and days of the week. Compliance with the City requirements related to construction activities would ensure that groundborne vibration impacts are less than significant. c. No Impact. The airports closest to the project site are Marine Corps Air Station Miramar, located approximately 8 miles southwest of the site, and Ramona Airport, located approximately 7.5 miles northeast of the project site. The project site is not located within the noise contours for Marine Corps Air Station Miramar (Marine Corps Air Station Miramar 2020) or the Ramona Airport (San Diego County Airport Land Use Commission 2011 ). Thus, the project would not result in the exposure of people working or residing in the area to excessive aircraft noise levels. No impact would occur. XIV. POPULATION AND HOUSING a. No Impact. The project is located on an existing lot zoned for development of single-family residential uses. The project would not induce growth directly as it would be located within a developed portion of the city, serviced by existing infrastructure within the project vicinity. The project would not induce substantial population growth in the area as it would be situated on an infill location surrounded by existing development. No impact would occur. b. No Impact. One existing residence would be removed from the project site. The project would not result in displacement of a substantial number of people or housing units and would not necessitate the construction of replacement housing elsewhere. No impact would occur. XV. PUBLIC SERVICES 40 of 132 a. Fire Protection -Less-than-Significant Impact. The project site is served by the City of Poway Fire Department. Stations 1 and 3 are both located approximately 1.6 miles from the project site. The incremental increase in potential for an unexpected emergency call to this project can be accounted for as the site is already included in the Fire Department service area. No new or upgraded fire protection facilities would be required as a result of this project and no physical impacts resulting from construction of new facilities are identified. Impacts would be less than significant. Police Protection -Less-than-Significant 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 project site is included within the Sheriff's service area. Any specific service provided that should be an (unexpected) emergency call to the site is accounted for. No new or upgraded police protection facilities would be required as a result of the project and no physical impacts resulting from the construction of new facilities would occur. Impacts would be less than significant. Schools -Less-than-Significant Impact. The project would result in the construction of 20 new homes. Children from the homes would be accommodated in existing schools located in close proximity to the project site. The RS-4 zoning designation for the site allows for 4 dwelling units per acre, or 15 units for the 3.91-31 July 19, 2022, Item #4 Environmental Initial Study and Checklist net-acre site. The increase in 5 units is expected to have a minimal impact on the Poway School District. Impacts would be less than significant. Parks -Less-than-Significant Impact. The project would not result in the need for new or physically altered park facilities. The RS-4 zoning designation for the site allows for 4 dwelling units per acre, or 15 units for the 3.91-net-acre site. The increase in 5 units is expected to have a minimal impact on the City's park facilities. Project residents would be able to utilize existing parks in the project area (Aubrey Park, Silverset Park, Old Poway Park, and Railroad, among others). The addition of project residents would result in a less-than-significant impact to parks. Other Public Facilities -No Impact. The project would not result in the need for new or physically altered public facilities. No impact would occur. XVI. RECREATION a. Less-than-Significant Impact. The project would result in the construction of 20 new single-family residences. The residents associated with these new homes would utilize existing recreational amenities already existing in the city and project vicinity. The additional demand created by residents of 20 single-family homes would not increase the use of existing neighborhood or regional parks in such a manner that would result in substantial physical deterioration of these facilities. As such, impacts to existing recreational facilities would be less than significant. b. No Impact. The project does not include the construction of recreational facilities, nor would it require the construction or expansion of recreational facilities. No impact would occur. XVII. TRANSPORTATION 41 of 132 a. Less-than-Significant Impact. A Traffic Operations Assessment (Intersecting Metrics 2021 a) was prepared for the project. The estimated ADT associated with the 20 new homes is 200 daily trips, with 16 trips occurring in the a.m. peak hour and 20 trips occurring within the p.m. peak hour. The addition of project traffic to local roads would not result in significant impacts to roadway segments in the project area, as these roadways are operating well below design capacity. The City's Transportation Element contains a policy prohibiting development that would result in levels of service exceeding D during the two highest peak hours at an intersection unless no feasible alternatives exist. Intersections within the project traffic study area (i.e., Midland Road/Twin Peaks Road and Budwin Lane/Twin Peaks Road) are anticipated to operate as acceptable levels of service (D or better under the "no project" and "with project" scenarios). The project would include the extension of Holly Oak Way to provide local access to the site. This road extension would be designed consistent with City requirements, and would include pedestrian sidewalks, street trees, and decorative Old Poway street lights consistent with the existing street lights on Holly Oak Way. The addition of 20 single-family residences, as proposed by the project, would not conflict with a program, plan, ordinance, or policy addressing the circulation system. Impacts would be less than significant. b. Less-than-Significant Impact. The proposed project would not be in conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b). The City has not adopted guidelines for conducting either screening level or full vehicle miles traveled (VMT) analysis in accordance with Senate Bill 7 43. Therefore, the San Diego Region Guidelines prepared by the Institute for Traffic Engineers (ITE) were 32 July 19, 2022, Item #4 Environmental Initial Study and Checklist utilized to determine if the project has the potential for VMT impacts (ITE 2019). Based on the ITE guidelines, a project that is consistent with the General Plan designation and generates less than 1,000 ADT would not require a VMT analysis. As the project is consistent with the General Plan designation for the site, and would generate 200 ADT, a VMT analysis is not required. Therefore, impacts would be less than significant. c. No Impact. The project would include the extension of Holly Oak Way onto the project site to provide site access. Access from Twin Peaks Road was considered, but access at that location would not be feasible due to sight distance limitations and would not meet minimum corner or stopping sight distance requirements due to the horizontal curves in the roadway to the west of the project site (Intersecting Metrics 2021 b). The approved final map for the adjacent Diroma Estates identifies a future easement that accommodates the extension of Holly Oak Way, as proposed for the project. The Holly Oak Way extension streetscape would be designed and constructed consistent with City requirements and would include new pedestrian sidewalks, street trees, and decorative Old Poway street lights consistent with the existing street lights on Holly Oak Way. Taking access to the proposed subdivision from Holly Oak Way would ensure the project would not result in impacts associated with increased hazards due to a geometric design feature by accessing the site from subdivision from Twin Peaks Road. No impact would occur. d. No Impact. The extension of Holly Oak Way would be constructed consistent with City and Fire Department requirements, including those associated with emergency access. The cul-de-sac would be constructed in such a manner as to provide the required turning radius for emergency vehicles. The construction of the project, consistent with City and Fire Department requirements related to emergency access would ensure that no impact would occur. XVIII. TRIBAL CULTURAL RESOURCES 42 of 132 a.i. Potentially Significant Impact Unless Mitigation Incorporated. See response V.b. The project site is located within the boundary of the prehistoric Village of Paguai (CA-SDl-4606), which is presumed eligible for CRHR. The project would be required to implement mitigation measures CUL-1 through CUL-5 to reduce potentially significant impacts to this resource to a less-than-significant level. a.ii. Potentially Significant Impact Unless Mitigation Incorporated. See responses V.b and V.c. The project would be required to implement mitigation measures CUL-1 through CUL-5 to reduce potentially significant impacts to on-site cultural resources to a less-than-significant level. In accordance with Public Resources Code section 21080.3.1 (b), City staff contacted the Native American Heritage Commission (NAHC) to request a consultation list of tribes that are traditionally and culturally affiliated with the geographic area of the project. The NAHC provided a consultation list of 16 tribes. On April 19, 2022, in compliance with California Public Resources Code section 21080.3.1, the City of Poway, as Lead Agency, sent a letter to the Tribal Representatives for those tribes requesting notification of the proposed project. The Barona Band of Mission Indians and La Pasta Band of Mission Indians requested a Native American Monitor/Consultant be present during earth moving activities. The project would mitigate for potential impacts to Tribal Cultural Resources through the implementation of mitigation measures CUL-1 through CUL-5. Therefore, less-than-significant impacts related to Tribal Cultural Resources would occur. 33 July 19, 2022, Item #4 Environmental Initial Study and Checklist XIX. UTILITIES AND SERVICE SYSTEMS a. Less-than-Significant Impact. The project site is within an area served by the public water and wastewater systems. The project site is designated for residential uses and is consistent with the General Plan. Public utility infrastructure would be extended onto the site and constructed to serve the proposed 20 single-family residences. Water, wastewater, storm water, electric power, natural gas, and electrical infrastructure would be connected to existing infrastructure in the project area. The provision of public utilities to the project site would not require or result in the relocation or construction of new or expanded infrastructure. Impacts would be less than significant. b. Less-than-Significant Impact. The resulting increase in water use associated with the development of 20 single-family residences would be considered insignificant. The project would be served by the City of Poway, which has sufficient water supply available to serve anticipated demands in the City (City of Poway 2021). As such, impacts associated with water supply would be less than significant. c. Less-than-Significant Impact. The proposed 20 single-family residences would result in an insignificant increase in wastewater generation. The project would be served by a new connection to the City's wastewater system. The City of San Diego's North City Water Reclamation Facility has adequate capacity to treat the incremental wastewater generated by the project. Impacts would be less than significant. d. Less-than-Significant Impact. Construction of the project would result in the generation of solid waste associated with construction activities, including waste associated with demolition of the existing residence. The project would be required to dispose of such materials according to a Construction Waste Management Plan. The 20 new single-family residences would result in the incremental generation of solid waste, which would be handled by the City's contracted waste hauler, similar to other residential uses nearby. The solid waste generated by the project is not anticipated to significantly impact the life expectancy of the landfill that serves the city. Impacts would be less than significant. e. No Impact. The project would be required to comply with and meet all applicable federal, state, and local statutes and regulations regarding solid waste collection and disposal. The contracted waste hauler would separate waste so that recyclable waste is separated from landfill trash in accordance with the City's waste reduction and recycling program. No impact would occur. XX. WILDFIRE 43 of 132 a. No Impact. See response IX.f. The project would not impair an adopted emergency response plan or emergency evacuation plan and no impact would occur. b. No Impact. See response IX.g. The project site is not located within the VHFHSZ. As such, no impact associated with the exposure of pollutant concentrations for a wildfire or the uncontrolled spread of wildfire on project occupants would occur. c. No Impact. The project would include the extension of the Holly Oak Way cul-de-sac and would include the extension of utilities onto the project site. However, this roadway extension and the installation of utilities would not exacerbate fire risks. No impact would occur. 34 July 19, 2022, Item #4 Environmental Initial Study and Checklist d. No Impact. The project site is relatively flat, and the proposed residences would be placed on building pads that would be graded per an approved grading plan that includes verification of soil compaction and installation of on-site storm water treatment facilities based on site-and project-specific conditions. Therefore, the proposed project would not result in impacts related to downslope or downstream flooding or landslides as a result of runoff, post-fire slope instability, or drainage changes. No impact would occur. XX.I. MANDATORY FINDING OF SIGNIFICANCE 44 of 132 a. Potentially Significant Impact Unless Mitigation Incorporated. See responses IV and V. The project would have potentially significant impacts to migratory and nesting birds and to archaeological resources. Mitigation measures 810-1 and CUL-1 through CUL-5 would reduce these impacts to a less-than-significant level. b. No Impact. The project, considered cumulatively with past and future projects, will not result in significant impacts. The project, as well as past projects and future projects have or will comply with the land use and density limitations of the City's General Plan. Infrastructure and services per the General Plan are in place or are planned and will be provided to accommodate future growth. c. Less-than-Significant Impact. See responses I, Ill, VI, VII, VIII, IX, and XIII above. The project would not have any environmental effects that will cause substantial adverse effects on human beings either directly or indirectly, impacts would be less than significant. 35 July 19, 2022, Item #4 Environmental Initial Study and Checklist E. REFERENCES Alden Environmental, Inc. 2021 Existing Biological Resources on the McKee Orchard Parcel. July 15. ASM Affiliates 2021 a Cultural Resources Technical Report for McKee Orchard Affordable Housing Project, City of Poway, San Diego County, California. August 20. 2021 b Draft Historical Resource Evaluation Report for 13667 Twin Peaks Road, Poway, San Diego County, California. October. California Department of Conservation 2022 California Important Farmland Finder. Accessed April 1, 2022. https://maps.conservation.ca.gov/DLRP/CIFF/. California Department of Forestry and Fire Protection (CAL FIRE) 2009 Very High Fire Hazard Severity Zones in LRA As Recommended by CAL FIRE. https://osfm.fire.ca.gov/media/5966/poway.pdf. California Department of Toxic Substances Control 2022 EnviroStor Mapping database. Accessed April 4, 2022. https://www.envirostor.dtsc.ca.gov/public/search. California Department of Transportation 2022 California State Scenic Highway System Map. Accessed April 1, 2022. https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46c c8e8057116f1 aacaa. City of Poway 2021 1996 1988 City of Poway Final Urban Water Management Plan. June. Poway Subarea Habitat Conservation Plan/Natural Community Conservation Plan. Old Poway Specific Plan (SP 88-01 ). dBF Associates 2021 Noise Analysis, McKee Orchard. August 17. Demere, Thomas and Walsh, Steven 1993 Paleontological Resources, County of San Diego, California. Federal Emergency Management Agency (FEMA) 2012 Flood Insurance Rate Map No. 06073C1117G. May 16. Intersecting Metrics 2021 a McKee Orchard Traffic Operations Assessment. June 7. 2021 b McKee Orchard-Twin Peaks Road Driveway-Sight Distance Study. May 5. 45 of 132 36 July 19, 2022, Item #4 Environmental Initial Study and Checklist Institute for Traffic Engineers (ITE) 2019 Guidelines for Transportation Impact Studies in the San Diego Region. May. Marine Corps Air Station Miramar, California 2020 Air Installations Compatible Use Zones Study 2020 Update. June. Ninyo & Moore 2021 Limited Phase II Environmental Site Assessment, McKee Orchards Property, 13667 Twin Peaks Road, Poway, California. February 16. 2020 Limited Phase II Environmental Site Assessment, McKee Orchards Property, 13667 Twin Peaks Road, Poway, California. November 11. NOVA 2020 Geotechnical Investigation, McKee Orchards Residential Development, 13667 Twin Peaks Road, Poway, California. November 13. San Diego County Airport Land Use Commission 2011 SB&O, Inc. 2021a 2021b 46 of 132 Ramona Airport Land Use Compatibility Plan. December. Priority Development Project -Stormwater Quality Management Plan, McKee Orchard, TTM 21-003/DR 21-002. October 21. Preliminary Drainage Report for McKee Orchard. May 9. 37 July 19, 2022, Item #4 EXHIBIT 3 MITIGATION MONITORING PROGRAM FOR TTM21-003/DR21-002 Section 21081.6 of the Public Resources Code requires that public agencies "adopt a reporting or monitoring program for the changes which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designated to ensure compliance during project implementation." This mitigation monitoring program has been prepared in accordance with Section 21081.6 of the Public Resources Code. Non-compliance with any of these conditions, as identified by City staff or a designated monitor, shall result in issuance of a cease and desist order for all construction activities. The order shall remain in effect until compliance is assured. Non-compliance situations, which may occur subsequent to project construction, will be addressed on a case-by-case basis and may be subject to penalties according to the City of Poway Municipal Code. When phasing of development has been established, it may be necessary for this Monitoring Program to be amended, with City approval. Topic Biology 47 of 132 Mitigation Measure BIO-1a: Removal of the trees on site shall occur outside of the breeding season for nesting birds, which generally runs from February 1 through September 15 (as early as January 1 for some raptors). If removal of the pine trees must occur during the breeding season, a qualified biologist shall conduct a pre-construction survey to determine the presence or absence of nesting birds or raptors protected under the Migratory Bird Treaty Act and California Fish and Game Code. The pre-construction survey shall be conducted within 3 calendar days prior to the start of construction activities (including removal of vegetation) and shall include the limits of disturbance and an additional 100 feet (300 feet for raptors) from the area of disturbance. The applicant shall submit the results of the pre-construction survey to the City of Poway for review and approval prior to initiating any construction activities. Timing Prior to Tree Removal Permit Approval Responsibility Applicant July 19, 2022, Item #4 48 of 132 prior to initiating any construction activities. 1) If nesting bird behavior and active nests are not detected during the pre-construction survey, no further mitigation is required. 2) If nesting bird behavior is detected, a mitigation plan in conformance with applicable state and federal law (e.g., appropriate follow-up surveys, monitoring schedules, construction noise barriers, and/or buffers [see items 3 and 4 below]) shall be prepared and include proposed measures to be implemented to ensure that take of birds or eggs, or disturbance of breeding activities, is avoided. The mitigation plan shall be submitted to the City for review and approval. The recommendations contained in the mitigation plan shall be implemented prior to and during construction, to the satisfaction of the City. 3) If an active nest is detected during the pre-construction survey or a follow-up survey, a buffer shall be established between the nest and construction activities, and the nest shall be monitored on a daily basis by a qualified biologist to ensure that nesting activities are not interrupted. The buffer shall be 100 feet for common avian species, 300 feet for listed or highly sensitive species, and 500 feet for raptors. The buffer shall be delineated with temporary fencing and shall remain in place as long as construction is occurrinQ. No July 19, 2022, Item #4 49 of 132 vegetation clearing or construction shall occur within the fenced buffer until the young have fledged, are no longer being fed by the parents, and are no longer being impacted by construction as determined by a qualified biologist. Reductions in a nest buffer distance may be appropriate depending on the avian species involved, ambient levels of human activity, screening vegetation, or possibly other factors as determined by a qualified biologist. 4) While no specific noise thresholds have been established for nesting raptors or other non-listed bird species, construction activities that are expected to generate noise levels above the ambient noise level at the edge of an established nest buffer shall be measured by an acoustician technician. Active nests shall also be monitored on a daily basis by a qualified biologist to determine if there is any adverse effect on the breeding behavior of the particular species from elevated noise levels. If it is determined that elevated noise is having an adverse effect on the breeding behavior of the nesting bird species, then the noise-generating construction activity shall be suspended in the vicinity of the active nest buffer until such time as the young have fledged, are no longer being fed by the parents, and are no longer being impacted by the noise as determined by a qualified biologist. 810-1 b: Removal of the trees and existing structures on site shall occur outside of the roosting Prior to Tree Removal Permit Approval and Applicant July 19, 2022, Item #4 Cultural Resources 50 of 132 season for bats (approximately March through September). If removal must occur during the roosting season, a qualified biologist with expertise and experience conducting bat surveys shall be retained by the applicant as a qualified bat biologist. A pre-construction survey shall be conducted by the qualified bat biologist no more than 30 days prior to the removal of trees and existing structures. The qualified bat biologist shall survey all trees or structures that provide suitable bat roosting habitat. The applicant shall submit the results of the pre-construction survey to the City of Poway for review and approval prior to initiating any construction activities. If a maternity roost is determined present, a 300-foot buffer shall be placed around the roost, and no work shall occur within the buffer until after the roosting season is over. Work within the buffer may proceed after the qualified bat biologist is able to verify that the roost is no longer active. If no bat roosts are detected during the pre-construction survey, no further mitigation is required. CUL-1: A treatment plan for the archaeological data recovery program and construction monitoring shall be prepared by a qualified archaeologist prior to issuance of a grading permit. The treatment plan shall identify the project site and take into consideration the vertical and horizontal extent of proposed grading and ground disturbing activities within the project site. Building Permit Issuance for Demolition of Structures Prior to grading permit issuance Applicant July 19, 2022, Item #4 The plan shall describe how archaeological data would be scientifically and systematically collected from the project site, and how this data would be used to address research issues. CUL-2: Prior to excavation and Prior to grading Applicant ground disturbing activities, a permit issuance data recovery program shall be completed by a qualified archaeologist. The data recovery phase shall focus on recovering archaeological data sufficient to mitigate the destruction of CA-SOI-4606 within the project site. The amount of excavation and the locations of the excavation shall be determined through a Ground Penetrating Radar study as well as surface observations. Standard hand-excavated archaeological 1-x-1-m test units can be used during this phase, although these may be expanded if features are discovered or to cover a larger part of the project site. The units shall be excavated by hand using arbitrary 10-cm levels unless cultural stratigraphy is identified. Hand tools potentially including shovels, picks, trowels, brushes, and probes, shall be used in the excavation. All soils shall be passed through 1 /8-inch mesh screen ( or smaller if column samples are taken and processed), using a water-screening technique. Following completion of excavation, all cultural materials shall be washed, cataloged, and analyzed. Technical analyses shall include lithic artifact analysis, shellfish analysis, chronometric studies, faunal studies, and other analyses as 51 of 132 July 19, 2022, Item #4 needed to describe the cultural materials and address the research issues. A data recovery report shall be prepared and submitted to the City of Poway for approval. CUL-3: At the completion of the At Completion Applicant data recovery program, an of Data updated State of California Recovery Department of Parks and Program Recreation 523 site form shall be prepared and submitted to the South Coastal Information Center (SCIC). The form shall provide revised site boundaries, as determined by the archaeological investigations, and shall include a description of the artifacts and deposits found at the site. CUL-4: At the completion of the data recovery program, an archaeological resources monitoring program shall be implemented during excavation and ground disturbing activities and include the following: 1) Prior to issuance of a grading Prior to Applicant permit, the applicant shall Issuance of provide written verification that Grading Permit a qualified archaeologist has been retained to implement the monitoring program. This verification shall be presented in a letter from the project archaeologist to the City of Poway. 2) The qualified archaeologist Prior to Applicant shall attend the pre-Issuance of construction meeting with the Grading Permit contractors and City staff to explain and coordinate the requirements of the monitoring program. 52 of 132 July 19, 2022, Item #4 3) The qualified archaeologist During Grading Applicant shall direct the field monitor during grading of all areas identified for development. 4) Native American monitoring During Grading Applicant will be required during grading, unless the certified archaeologist determines that the potential for cultural resources has been exhausted. The Native American monitors shall be invited to participate in the monitoring program and will be directed by the project archaeologist. 5) During the original cutting of During Grading Applicant previously undisturbed deposits, the archaeological monitor and Native American representative shall be on site, as determined by the qualified archaeologist, to perform inspections of the excavations. Full-or part-time inspections may be needed depending upon the rate of excavation, the materials excavated, and the presence and abundance of artifacts and features. 6) Isolates and clearly non-At Instances of Applicant significant deposits will be Discovery of minimally documented in the Cultural field so the monitored grading Resources can proceed. During Grading 7) In the event that previously At Instances of Applicant unidentified cultural resources Discovery of are discovered, the Cultural archaeologist shall have the Resources authority to divert or During Grading temporarily halt ground-disturbance operation in the area of discovery to allow for the evaluation of potentially significant cultural resources. The archaeologist shall 53 of 132 July 19, 2022, Item #4 contact the City of Poway at the time of discovery. The archaeologist, in consultation with the City of Poway, shall determine the significance of the discovered resources. The City of Poway must concur with the evaluation before construction activities will be allowed to resume in the affected area. 8) Before construction activities At Instances of Applicant are allowed to resume in the Discovery of location of any discovered Cultural significant cultural deposits, Resources the artifacts shall be recovered During Grading and features recorded using professional archaeological methods. The archaeological monitor(s) shall determine the amount of material to be recovered for an adequate artifact sample for analysis. 9) All cultural material collected After Discovery Applicant during the grading monitoring of Cultural program shall be processed Resources and curated according to the current professional repository standards. The collections and associated records shall be transferred, including title, to an appropriate curation facility, to be accompanied by payment of the fees necessary for permanent curation. 10) A report documenting the field Prior to Applicant and analysis results and Issuance of interpreting the artifact and Building Permits research data within the research context shall be completed and submitted to the City of Poway prior to the issuance of any building permits. 54 of 132 July 19, 2022, Item #4 CUL-5: If human remains are In the event Applicant discovered, they shall be human remains treated with respect. If human are discovered. remains are found during any ground disturbance associated with project development activities, including the archaeological data recovery programs, the archaeological monitor and the construction contractor shall comply with PRC 5097.98. Details of this law are summarized below for this project: 1) The discovery location shall be protected and secured from further disturbance. 2) The construction contractor shall contact the San Diego County Medical Examiner to identify any possible human remains. 3) If the remains are determined by the Medical Examiner or an authorized representative to be Native American, the Medical Examiner shall contact the Native American Heritage Commission (NAHC). 4) The NAHC shall contact the Most Likely Descendant (MLD). 5) The Project proponent shall provide the M LO with access to the discovery location, which shall have been protected from damage. 6)The MLD shall make a recommendation for treatment of the remains within 48 hours. Possible options for treatment include: 55 of 132 July 19, 2022, Item #4 a) Preservation in place and avoidance. b) Removal by a qualified archaeologist. Analysis by an osteologist or physical anthropologist may or may not be possible. c) Repatriation of the remains to the MLD following the Native American Graves Protection and Repatriation Act (NAGPRA) process. d) Reburial of the remains on the property. 6) If the M LD does not make a recommendation within 48 hours, or if the recommendations are not acceptable to the project proponent following extended discussions and mediation, the project proponent shall reinter the remains and burial items with appropriate dignity on the property, in a location not subject to further subsurface disturbance. The location of reinterment shall be protected by one of the three following measures: a) Record the location with the NAHC or the SCIC. b) Utilize an open space or conservation zoning designation or easement. c) Record a document with San Diego County. 8) If multiple human remains are found, extended discussions shall be held with the M LD. If agreement on the treatment of these remains is not reached, they shall be reinterred in compliance with PRC 5097.98(e). 56 of 132 July 19, 2022, Item #4 DocuSign Envelope ID: 9728AA69-3C 1 E-4045-9BE9-EDD518B82DD4 EXHIBIT 4 State of California -Natural Resources Agency DEPARTMENT OF FISH AND WILDLIFE South Coast Region GA VIN NEWSOM. Governor 3883 Ruffin Road San Diego, CA 92123 (858) 467-4201 www.wildlife.ca.gov June 15, 2022 Austin Silva Senior Planner City of Poway · 13325 Civic Center Drive Poway, CA 92064 ASilva@poway.org Subject: McKee Orchard (Project), Mitigated Negative Declaration (MND), SCH #2022050573 Dear Mr. Silva: Letter A The California Department of Fish and Wildlife (CDFW) has reviewed the above-referenced MND, dated May 26, 2022, for the Project pursuant the California Environmental Quality Act (CEQA) and CEQA Guidelines.1 Thank you for the opportunity to provide comments and recommendations regarding those activities involved in the Project that may affect California fish and wildlife. Likewise, we appreciate the opportunity to provide comments regarding those aspects of the Project that CDFW, by law, may be required to carry out or approve through the exercise of its own regulatory authority under the Fish and Game Code. CDFW's Role CDFW is California's Trustee Agency for fish and wildlife resources and holds those resources in trust by statute for all the people of the State [Fish & G. Code,§§ 711.7, subdivision (a) & 1802; Pub. Resources Code, § 21070; California Environmental Quality Act (CEQA) Guidelines, § 15386, subdivision (a)]. CDFW, in its trustee capacity, has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species (Id., § 1802). Similarly, for purposes of CEQA, CDFW is charged by law to provide, as available, biological expertise during public agency environmental review efforts, focusing specifically on projects and related activities that have the A1 potential to adversely affect state fish and wildlife resources. A2 CDFW is also submitting comments as a Responsible Agency under CEQA. (Pub. Resources Code,§ 21069; CEQA Guidelines,§ 15381.) CDFW may need to exercise regulatory authority as provided by the Fish and Game Code, including lake and streambed alteration regulatory authority (Fish & G. Code, § 1600 et seq.). CDFW also administers the Natural Community Conservation Planning (NCCP) program (Fish & G. Code, § 2800 et seq. The City of Poway (City) participates in the NCCP program by implementing its approved Poway Subarea Habitat 1 CEQA is codified in the California Public Resources Code in section 21000 et seq. The "CEQA Guidelines" are found in Title 14 of the California Code of Regulations, commencing with section 1500. Conserving Ca{ifornia's Wi{d{ife Since 1870 57 of 132 July 19, 2022, Item #4 DocuSign Envelope ID: 9728AA69-3C1 E-4045-9BE9-EDD518B82DD4 Austin Silva City of Poway June 15, 2022 Page 2 of 6 Conservation Plan (HCP) and NCCP. The MND for the proposed Project must ensure that all requirements and conditions of the HCP/NCCP are met. PROJECT DESCRIPTION SUMMARY The Project proposes to develop a 4. 77-acre parcel with a 20-lot single-family residential subdivision as well as an extension of an existing cul-de-sac of Holly Oak. The Project would include the demolition of an existing single-family residence, removal of 44 mature trees present onsite, mass grading, and the construction of 20 one and two-story residences. Construction would occur in four phases of approximately five homes each over a period of several years. Surrounding land uses include institutional uses and single-family residential uses. To the south of the property is Rattlesnake Creek and to the north of the Property is Twin Peaks Road. Per Alden Environmental Existing Biological Resources on the McKee Orchard Parcel (Alden Environmental 2021 ), the Project site has been historically disturbed by development and prior agricultural activities. The trees that are onsite include oak, pine, toyon, date palm, American beech, and pepper tree. No special-status species of plants or animals were observed during a biological survey. No active bird nests were observed on the Project site during the general biological survey or during the focused nesting survey conducted for the Project. However, three inactive raptor nests were observed in the pine trees during the surveys. Project location: The proposed Project is located at 13667 Twin Peaks Road in Poway, California. COMMENTS AND RECOMMENDATIONS CDFW offers the following comments and recommendations to assist the City in adequately identifying and/or mitigating the Project's significant, or potentially significant, direct, and indirect impacts on fish and wildlife (biological) resources. COMMENT #1: Bats Per the Initial Study (IS), page 20, the proposed Project includes the removal of 44 mature trees that are located onsite. Bats will use native and non-native mature trees for day and night roosts as well as maternity roosts. According to the California Natural Diversity Database (CNDDB), three species of bats have been observed on and near the Project site, pocketed free-tailed bat (Nyctinomops femorosaccus; California Species of Special Concern (SSC)), Mexican long-tongued bat ( Choeronycteris mexicana; SSC), and western yellow bat (Lasiurus xanthinus; SSC). Bats could be negatively impacted by both construction activities and post-construction design. During the bat maternity season, bats are known to form colonial maternity roosts where multiple pregnant females give birth to flightless pups and rear the young. If there were a maternity roost present in the trees, impacts to that roost site would be significant. Clearing of vegetation occupied by bats would result in direct take of the species. Modifications to roost sites can have significant impacts on bat usability of a roost and can impact bat fitness and survivability (Johnston et al. 2004 ). Extra noise and vibration can lead to the disturbance of roosting bats which may have a negative impact on the animals. Human disturbance can also lead to a change in humidity, temperatures, or the approach to a roost that could force the 58 of 132 J A2 cont. A3 A4 AS July 19, 2022, Item #4 DocuSign Envelope ID: 9728AA69-3C1 E-4045-9BE9-EDD518B82DD4 Austin Silva City of Poway June 15, 2022 Page 3 of 6 animals to change their mode of egress and/or ingress to a roost. Although temporary, such disturbance can lead to the abandonment of a maternity roost (Johnston et al. 2004). Bats are considered non-game mammals and are afforded protection by State law from take and/or harassment (Fish & G. Code, § 4150; Cal. Code of Regs, § 251.1 ). Bats with a California SSC status meet the CEQA definition of rare, threatened, or endangered species (CEQA Guidelines § 15065). Take of SSC could require a mandatory finding of significance by the Lead Agency (CEQA Guidelines § 15065). Mitigation Measure #1: BI0-1 Pre-Construction Bat Acoustic Survey Because various bat species have the potential to occur within the Project area, CDFW recommends that the Project proponent conduct two sets of bat surveys prior to the initiation of the Project. The first survey should occur during the bat roosting season within all suitable habitat to determine presence/absence of bat species and analyze the potential significance of tree removal. The second (pre-construction) survey should be conducted no less than 30 days prior to tree removal, to ensure no bats are roosting (e.g., day, night, maternity roosts) within the trees at the time of removal. CDFW recommends the following added language to the Biological Resources, BIO-1 mitigation section of the IS, to adequately survey and avoid Project impacts to bat species that may occur within the Project corridor: "A qualified biologist with expertise and experience conducting bat surveys, shall be retained by the City as a Designated Bat Biologist. The Designated Bat Biologist conduct a bat survey within the Project area (plus a 100-foot buffer as access allows) to identify potential habitat that could provide daytime and/or nighttime roost sites. and any maternity roosts. especially within trees within the Project area. The survey shall occur during the roosting season (approximately March-September). using acoustic technology and emergence counts to maximize detection of bats on-site. Night roosts are typically utilized from the approach of sunset until sunrise. Maternity colonies. composed of adult females and their young. typically occur from spring through fall. No more than 30 days prior to vegetation removal. the Designated Bat Biologist will conduct a pre-construction bat survey within all trees or structures that provide suitable bat roosting habitat. If a maternity roost is determined present within a tree to be removed, a 300-foot no work buffer shall be placed around the roost and no work shall occur within the buffer until after the roosting season is over. Work may proceed after a qualified biologist is able to verify that the roost is no longer active". Comment #2: Nesting Raptors Per the IS, page 19, no active bird nests were observed on the project site during the general biological survey on March 3, 2021, or during the focused nesting survey conducted on June 23, 2021. However, there were three inactive raptor nests observed in the pine trees on the Project site during the surveys (Alden Environmental 2021 ). There is the potential for raptors and other bird species to utilize these trees for breeding in the future. Nesting birds are protected per Fish and Game Code section 3503; therefore, to avoid impacts to sensitive species, these measures as written should establish clear bird breeding survey protocols and nest buffers for other nesting birds that may be impacted by Project activities. 59 of 132 AS cont. A6 A7 July 19, 2022, Item #4 DocuSign Envelope ID: 9728M69-3C1 E-4045-9BE9-EDD518882DD4 Austin Silva City of Poway June 15, 2022 Page 4 of 6 Mitigation Measure #2: Amendments to Raptor Breeding Season Timing and Buffers To reduce impacts to less than significant: CDFW recommends that Project activities occur outside of the avian breeding season to adequately avoid impacts to all nesting that may occur within or adjacent to the Project area. CDFW recommends changing the B10-1 nesting bird mitigation measure to the final MND that states; 810-1: Removal of the trees on site shall occur outside of the breeding season for nesting birds (February 1 to September 15), which generally runs from February 1 through September 15 (as early as January 1 for some raptors). If removal of the pine trees must occur during the breeding season, a qualified biologist shall conduct a pre-construction survey to determine the presence or absence of nesting birds or raptors protected under the Migratory Bird Treaty Act and California Fish and Game Code. The pre-construction survey shall be conducted within 3 calendar days prior to the start of construction activities (including removal of vegetation) and shall include the limits of disturbance and an additional 100 feet (300 feet for raptors) from the area of disturbance. The applicant shall submit the results of the pre-construction survey to the City of Poway for review and approval prior to initiating any construction activities. If an active nest is identified, a buffer shall be established between the construction activities and the nest so that nesting activities are not interrupted. For the given Project site, CDFW generally recommends a 100-foot buffer from common avian species, 300 feet for listed or highly sensitive, and 500 feet for raptors. The buffer should be delineated by temporary fencing and remain in effect as long as construction is occurring. No Project construction shall occur within the fenced nest zone until the young have fledged, are no longer being fed by the parents, have left the nest, and will no longer be impacted by the project. Reductions in the nest buffer distance may be appropriate depending on the avian species involved, ambient levels of human activity, screening vegetation, or possibly other factors. Comment #3: Planting Native Trees The IS states the removal of trees exceeding 8 inched in diameter at breast heigh (DBH) would require replacement at a ratio of two 48-inch box tree specimen tress per one tree removed. Other trees would be replaced at a one-to-one ratio consistent with the requirements of the Municipal Code. These replacement trees would be planted throughout the Project site as street trees or private trees within front or rear yards. The IS does not state what type of trees will be planted as mitigation. CDFW recommends planting native trees throughout the Project site. 60 of 132 A7 cont. AB July 19, 2022, Item #4 DocuSign Envelope ID: 9728AA69-3C1 E-4045-9BE9-EDD518882OO4 Austin Silva City of Poway June 15, 2022 Page 5 of 6 ENVIRONMENTAL DATA CEQA requires that information developed in environmental impact reports and negative declarations be incorporated into a data base which may be used to make subsequent or supplemental environmental determinations. (Pub. Resources Code, § 21003, subd. (e).) Accordingly, please report any special status species and natural communities detected during Project surveys to the California Natural Diversity Database (CNDDB). The CNNDB field survey form can be found at the following link: https://wildlife.ca.gov/Data/CNDDB/Submitting-Data. The completed form can be mailed electronically to CNDDB at the following email address: CNDDB@wildlife.ca.gov. The types of information reported to CNDDB can be found at the following link: https://www.wildlife.ca.gov/Data/CN D DB/Plants-and-Animals. FILING FEES The Project, as proposed, would have an impact on fish and/or wildlife, and assessment of filing fees is necessary. Fees are payable upon filing of the Notice of Determination by the Lead Agency and serve to help defray the cost of environmental review by CDFW. Payment of the fee is required in order for the underlying Project approval to be operative, vested, and final. (Cal. Code Regs, tit. 14, § 753.5; Fish & G. Code, § 711.4; Pub. Resources Code, § 21089.) CONCLUSION CDFW appreciates the opportunity to comment on the MND to assist the City in identifying and mitigating Project impacts on biological resources. Questions regarding this letter or further coordination should be directed to Emily Gray, Environmental Scientist, at Emily.Gray@wildlife.ca.gov. Sincerely, lnDocuSigned by: LE~!52~~ David A. Mayer Environmental Program Manager South Coast Region ec: CDFW David Mayer, San Diego -David.Mayer@wildlife.ca.gov Karen Drewe, San Diego -Karen.Drewe@wildlife.ca.gov Emily Gray, San Diego -Emily.Gray@wildlife.ca.gov Cindy Hailey, San Diego -Cindy.Hailey@wildlife.ca.gov State Clearinghouse, Office of Planning and Research -State.Clearinghouse@opr.ca.gov Jonathan Snyder, USFWS -Jonathan D Snyder@fws.gov 61 of 132 A9 A10 A11 July 19, 2022, Item #4 DocuSign Envelope ID: 9728M69-3C1 E-4045-9BE9-EDD518B82OD4 Austin Silva City of Poway June 15, 2022 Page 6 of 6 REFERENCES Alden Environmental, Inc. 2021. Existing Biological Resources on the McKee Orchard Parcel. July 15. California Department of Fish and Wildlife. 2022. California Natural Diversity Database (CNDDB). Available from: https://wildlife.ca.gov/Data/CNDDB. California Department of Fish and Wildlife. 2021. CNDDB -Plants and Animals. Available from: https://wildlife.ca.gov/Data/CNDDB/Plants-and-Animals. California Department of Fish and Wildlife. 2022. Special Animal List. January 2022. Available from: https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentlD=109406&inline. California Department of Fish and Wildlife. 2022. State and Federally Listed Endangered and Threatened Animals of California. January 2022. Available from: https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentlD=109405&inline. California Department of Fish and Wildlife. 2022. State and Federally Listed Endangered, Threatened, and Rare Plants of California. January 2022. Available from: https://nrm .dfg. ca.gov/File Handler. ashx?Docu mentl D= 109390&inline. California Department of Fish and Wildlife. 2021. Submitting Data to the CNDDB. Available from: https://wildlife.ca.gov/Data/CNDDB/Submitting-Data. California Office of Planning and Research (COPR). 2009 or current version. CEQA: California Environmental Quality Act. Statutes and Guidelines, § 21081.6 and CEQA Guidelines, §15097, §15126.4(2). Johnston D., Tatarian G., and Pierson E. 2004. California Bat Mitigation Techniques, Solutions and Effectiveness. Available from: http://www.wildliferesearchassoc.com/wpcontent/uploads/2017 /OS/California Bat Mitiqat ionCalTrans 2004-1.pdf. 62 of 132 July 19, 2022, Item #4 June 11, 2022 TO: FROM: SUBJECT: Dear Mr. Manis, Mr. Bob Manis, Director Development Services, City of Poway Quoc Vuong, Property Owner, 13620 Holly Oak Way, Poway, CA 92064 REQUEST FOR RECONSIDERATION FROM USING HOLLY OAK WAY AS ACCESS STREET. PROJECT NAME: PROJECT#: Mc KEE ORCHARD TTM21-003/DR21-002 Letter 8 Oak Way in the city of Poway and I have resided at this location since 2004. I am responding to your Notice Of Public 81 My name is Quoc M. Vuong, my house, Lot 1 ofDiroma Estate, is at the North-East comer of Midland Road & Holly ] Review Period For A Mitigated Negative Declaration (the 'Notice') to respectfully request your office to reconsider using Holly Oak Way as an access street for the proposed Mc Kee Orchard (the 'Project') for the following reasons: I. Part IV BIOLOGICAL RESOURCES Pages 18 & 19, Part IV, a, BI0-1 On page 18 of the Notice, city staff stated: "IV. BIOLOGICAL RESOURCES a. Potentially Significant Impact Unless Mitigation Incorporated. The project site has been historically disturbed by development and prior agricultural activities. No special status plants or animals were observed at the project site during a biological survey, and none are expected based on the disturbed nature of the project site (Alden Environmental 2021). No active bird nests were observed on the project site during the general biological survey or during the focused nesting survey conducted for the project. Three inactive raptor nests were observed in the pine trees on site during the surveys (my emphasis). Raptors and potentially other bird species would likely utilize these nests for breeding in the future. Thus, the project would result in potentially significant impacts to migratory or nesting birds, and mitigation is required. Implementation of mitigation measure BIO-I would reduce potentially significant impacts to migratory or nesting birds to a less-than-significant level." My house is under renovation and some of the workers told me recently that a hawk just flew out of the pine trees, and swooped low by my backyard to grab a pigeon nesting under my roof porch. This fact shows that migratory birds and raptors continue to use the old-growth pine trees as nesting or hunting sites and that some, if not all, of the pine trees, should be preserved. Frequently in the afternoon, I have been able to observe those hawks soaring high above the pine trees looking for their next meals. It will be a sad thing to remove all of the old-growth pine trees. On page 19 of the Notice city Staff stated: "BIO-I: Removal of the trees on site shall occur outside of the breeding season for nesting birds (February 1 to September 15). If removal of the pine trees must occur during the breeding season, a qualified biologist shall conduct a pre-construction survey to determine the presence or absence of nesting birds or raptors protected under the Migratory Bird Treaty Act and California Fish and Game Code. The pre-construction survey shall be conducted within 3 calendar days prior to the start of construction activities (including removal of vegetation) and shall include the limits of disturbance and an additional 100 feet (300 feet for raptors) from the area of disturbance. The applicant shall submit the results of the pre-construction survey to the City of Poway for review and approval prior to initiating any construction activities (my emphasis)." 63 of 132 82 83 July 19, 2022, Item #4 Aren't we talking about the 'fox guarding the hen house?' If city staff allows the Project developer to conduct the pre-construction survey by a 'qualified biologist' of their choice, reasonably minded persons will surely conclude that the result of the survey would tend to favor the Project developer. If this pre-construction survey is needed, then it should be conducted by city staff (a) not three (3) days before construction but at least a nesting season before construction and (b) with all expenses incurred to be borne by the Project Developer. And city staff went on to state: " 2) If nesting birds are not detected during the pre-construction survey, no further mitigation is required. " Isn't further mitigation needed in subsequent nesting seasons to meet the Migratory Bird Treaty Act and California Fish and Game Code? City staff appears to say that once the migratory birds are not found before the tree removal, they will never come back to nest in these pine trees in subsequent years. Of course, if the old-growth pine trees were removed, then it would not be possible for the migratory birds to come back to nest in the future because the very sites they were using to nest have now been removed!!! Having lived in this house for almost twenty (20) years, I am convinced that better use of the land and to meet the intent and the spirit of the Migratory Bird Treaty Act and California Fish and Game Code would be to reverse the Project design with the larger lots being on the south side of the Project and to preserve a few of the old growth pine trees so that birds nesting or hunting would continue in the future. This would require an access street via Twins Peaks Road instead of Holly Oak Way. 64 of 132 83 cont. 84 85 July 19, 2022, Item #4 Why is an access street via Twin Peaks Road might be possible and might be a better choice? II. Part XVII. TRANSPORTATION Page 31 of the Notice From this Notice, it appears that the Senior Planner for the Project has already made up his mind to use Holly Oak Way as the street access for the Project. I respectfully disagree with the Senior Planner for the following reasons: Please refer to the attached Google map of the Project and its surroundings and the two attached street photos. 1. On the North-West comer of Midland Road & Twin Peaks Road, there are two homes built around 2005. Back then, the builder created a dedicated right-turn exit lane for the property owners to access the gated entrance from Twin Peaks road (westerly direction). Exiting their properties, they may only make a right tum (westerly) onto Twin Peaks Road. Please note that the distance between the intersection of Midland & Twin Peaks and the Project lot is more than twice the distance between the intersection of Midland & Twin Peaks and the dedicated right turn exit lane for the two properties above-mentioned. If this exit lane is possible (being so close to the intersection of Midland Road & Twin Peaks Road) and there has not been any traffic accident caused by the construction of this exit lane since 2005, then why isn't it possible to have the same right tum exit lane for the Project? 2. Very near the North-East comer of Community Road & Twin Peaks Road (between Community Road & Midland Road), there is a street named Victoria Estates Lane (hereinafter referred to as 'VEL') running north South. VEL dead-ends to the north, it intersects with Twin Peaks Road to the south and there is a dedicated left-tum lane for cars making a left tum to Twin Peaks Road (easterly direction). There are a total of eighteen (18) homes bordering VEL. Sixteen (16) of those homes must use VEL daily to gain access to Twin Peaks Road, and two (2) of those homes have their driveways directly abutting Twin Peaks Road. Again, please note that the distance between the intersection of Community & Twin Peaks & VEL is nearly equal to the distance between the intersection of Midland & Twin Peaks and the Project lot. If the eighteen (18) property owners on VEL have no problem accessing Twin Peaks Road between a curved portion of Community Road and Midland Road (with no major traffic accidents over the past two decades at this location), then why are the property owners on the Project having difficulty accessing Twin Peaks Road with a dedicated left turn lane? 3. To the east of the intersection of Midland Road & Twin Peaks Road, the next controlled traffic light is at Budwin Lane. If an access street to Twin Peaks Road for the Project is created, it will place the access street pretty much at the midpoint on Twin Peaks Road between Midland Road & Budwin Lane. This is extremely similar to the VEL location between the two (2) traffic lights at Community Road & Midland Road. 4. Midland Road and Holly Oak Way. Unlike Twin Peaks Road with two traffic lanes in each direction, Midland Road & Holly Oak Way are "One-Lane only" streets in each direction and there is NO possibility for future enlargement. This "T' intersection is NOT controlled by a traffic light. There is a dedicated left turn lane in a southerly direction on Midland Road to Holly Oak Way and a Stop Sign at Holly Oak to Midland Road. Please note the presence of a Bike Lane thus an increased risk of traffic accidents during rush hours. On page 31 of the Notice city staff stated: " ... (a) The estimated ADT associated with the 20 new homes is 200 daily trips, with 16 trips occurring in the a.m. peak hour and 20 trips occurring within the p.m. peak hour." How did city staff arrive at this 'estimated ADT with the twenty (20) new homes? Is the city willing to explain how it arrived at this estimation? 65 of 132 J 85 cont. 86 87 88 810 811 July 19, 2022, Item #4 But of utmost importance is whether city staff has taken into consideration the following facts to determine whether it is appropriate and safe to use Holly Oak Way as the access street for the Project: (a). (b). (c). (d). (e). (f). (g). (h). CONCLUSION: Service trucks traffic, Delivery trucks traffic, Increased traffic activities on Saturday due to the Farmers' Market at the Old Midland Park, Increase in traffic as a result of the increase in business activities at the Old Poway Market Place, Access to Midland Road to and from properties on the West side of Midland Road, Bicycle lane traffic on Midland Road (between Aubrey Street & Twin Peaks Road), SPEEDING traffic on Midland Road way above the posted 25 MPH speed limit, Recent fatal traffic accident at Midland Road & Somerset Street intersection. The Project developer is relying on the State density bonus law to obtain reduced lot sizes and side yard setbacks in exchange for dedicating one (1) unit as an 'affordable unit'. The Project developer conducted and paid for all the necessary studies resulting in all very favorable results for the developer. At the last staff meeting late in 2021, there was already some inkling that the developer might even try to purchase this 'affordable' unit. The Project developer claims to have conducted a study showing that accessing via Twins Peaks Road is not feasible and city staff tends to go along with the Project developer. Of course, if the Project developer pays for the study, they will always find compliant 'experts' to generate such supportive studies. Perhaps a more equitable solution is for city staff to require the Project developer to come up with a design with an access street via Twin Peaks. Based on the above discussion in Parts I & II, it is NOT impossible to create an access street to Twin Peaks Road for the Project. A dedicated right tum lane easterly into the Project as well as a dedicated left tum lane to Twin Peaks Road westerly traffic is also possible or a "Right Tum Only" to easterly Twin Peaks Road traffic flow is also an option. B12 B13 814 Part II, Item 4 shows the potential risk of traffic congestion and possible traffic accidents at the uncontrolled "T" J B 15 intersection of Midland Road and Holly Oak Way. Unfortunately, at this time and for an unexplained reason, city staff is intent on using Holly Oak as the access street for J the Project. It appears that city staff relies on " CEQA Guidelines section 15064.3, subdivision (b) " to justify their B 16 decision rather than looking at the totality of the circumstances. Sadly the Project developer will eventually sell all the homes, and make a hefty profit and they will be gone forever. The thirteen (13) existing homeowners on Holly Oak Way & Twin Gables Court and the new twenty (20) homeowners of the Project are the ones left holding the bag, facing traffic congestion each morning and late afternoon with ever-increasing traffic at the intersection of Holly Oak & Midland Road. When misery and frustration come knocking, B 17 what remedy will be available to the affected homeowners and the city of Poway? Once this decision is made, it is forever irreversible. I ask that you keep an open mind, exercise your civic duty in the best interest of Powayians, and may your decision reflect an equitable solution satisfactory to all parties concerned. Respectfully submitted, Quoc M. Vuong Concerned Property Owner 66 of 132 July 19, 2022, Item #4 67 of 132 July 19, 2022, Item #4 68 of 132 July 19, 2022, Item #4 From: Sent: To: Cc: Subject: Fred Zuill <fzuill.agile@gmail.com> Wednesday, June 15, 2022 11 :06 PM Austin Silva fredyukie36@fredzuill.com Zuill comments about McKee Orchard Environmental Initial Study You don't often get email from fzuill.agile@gmail.com. Learn why this is important To: Austin Silva, Senior Planner, City of Poway From: Fred & Yukie Zuill, owners/residents 13636 Outlook Rd, Poway Letter C (Our property borders approx 4 new neighbors --approx 200 feet --on west side of McKee Orchard development) RE: Comments about McKee Orchard (TTM21-003/DR21-002) ENVIRONMENTAL INITIAL STUDY AND CHECKLIST Date: 6/15/2022 We are putting our stream of thoughts on record here. Trying to be mindful of the checklist style of the report while being realistic about our limited ability to communicate the things on our mind that are addressed so succinctly in the report. Our thoughts are not professionally prepared --we are simply the individual property owners (residents) that will likely have greatest individual impact from this development due to the sheer length of our property line that borders the development --longer than any other bordering residents --and the number (4 I think) of new adjacent neighbors that c1 we will border and will interface with on a continual daily basis long after these impacts are measured, these development decisions are made, and these houses are sold. In addition, we are in a unique position to observe the impact of things like that grove of massive trees and of its special inhabitants every day for 30+ years. Not to mention its direct impact of such things on us. So here are the topics mentioned in the Environmental Impact Study Checklist that we believe should be considered and discussed with us in light of the uniquely extensive impact the development will have on our particular residence --and in light of our unique position to observe things that might impact others and the environment. 1. Multiple important aspects of the grove of large trees: Our house sits in the extensive shade of the impressive grove of trees that are slated to be removed. The limbs of trees in the grove intertwine with trees in our yard. The grove is perhaps an acre of almost solid trees --maybe 200 feet by 200 feet. And the western 200 foot edge of that grove borders our 200 foot eastern edge of property. I can't possibly enumerate the aspects of impact on our neighborhood and as well as our individual quality of life that this acre of trees provides ... but I'll throw out a few. The pine trees are very, very tall. And there are quite a few. Those tall, tall pines are a big portion of that acre of trees. The shade they provide is massive. Our house is not even in the middle of that grove, but we have never needed air conditioning in 30+ years partly because of that grove as well as the trees on our property. That cooling impacts the whole neighborhood --but especially our house. I chose shade and cooling as just one of the many impactful aspects of that big grove. Unless tempered in some way for our corner of the McKee Orchard development where the trees have a long history of actual impact to existing residents, the grove's removal will be a grievous, long lasting loss. 1 69 of 132 C2 July 19, 2022, Item #4 We are significantly impacted by the grove --more than any other residence. That impact should be considered, if only to consider whether some of the trees in the grove are potentially preserved in place with a rework of the house placement within the development --to the benefit of all who will inhabit the neighborhood. Or whether the south-east portion of our yard would be a good location for transplant or replacement of any of these grand trees. Please request a discussion at least which includes us, the city, and the developer. As an example from past experience: The famous "Kent Sycamore" (measured as the largest California Sycamore in the world at the time of the Holly Oak development), was in my yard and straddled the new Holly Oak development to the south ... and that tree was eventually lost because the planning/approval process didn't take a breather --the development was approved before the impact was fully considered. And even though the tree finally measured and was found worthy of being declared and preserved as a Heritage Tree, it was too late. The tug-a-war began and the tree was lost. As part of my example for us now, I remember always that just before it was cut down (shortly before he passed away), ex mayor Mickey Cafagna came to C3 my house to see the tree one last time and to apologize personally. He admitted and apologized that the city "blew it" --that they failed to fully check out the actual impact to actual people and actual property owners and actual majestic trees and actual special birds. They approved the plan based on a checklist, but realized that if any one of the city council members would have just come out to see the actual property (and the Kent Sycamore tree in that case), BEFORE plan approval, they would never have approved it without appropriate accommodation. And while we realize this grove is not filled with native heritage trees worth individually preserving in a strict legal sense, the historic neighborhood which is straddled by the McKee Orchard and by us on Outlook Rd (which includes the McKee grove, my great trees, and my Torrey Pines on Outlook Rd) has a character and a practical "environmental health" that will be impacted. We're practical people. Get the parties together --here and in person --to explore some kind of win-win-win situation. Now: still on topic of the 1 acre grove of impressive trees, we are the people most aware of the actual continuous presence of special birds (many Red Tail Hawks and other special birds) that perch in those trees and cry out to each other every single day. Yes ... every day they swoop in, perch, and screech. Grand birds of prey. Some years they nest (as noted in the report). There are many hawks. And they are always flying in and out of the grove every day. The report didn't do justice to the continuous presence --the number that actually inhabit and make use of that grove every day. It is awesome. We realize that if true about the actual continuous presence of these great birds, this may only C4 impact the "how" and "when" of the tree removal. But we do want to go on record ... the McKee Orchard grove IS continuously inhabited, used, and enjoyed by those special birds --the Hawks and such. Again, perhaps moving a tree or two of ANY of the wonderful trees in the grove to the Zuill yard just a few feet West (or providing a meaningful replacement in our yard), will provide some continuity for these fine creatures. They fly from our massive Torrey Pines on Outlook Rd, to our Gigantic Doug Fir and Liquid Ambers in our yard and then over to "The Grove". Perhaps we work together (city, developer, neighborhood) to preserve a piece of that grove for their benefit and the Holly Oak and Outlook Rd neighborhood. Summary on the wonderful grove of trees ... the above paragraphs might seem specific about shade or birds, but bottom line for the record is that the grove is amazing and has a massive impact beyond what can be conveyed in a checklist. And that we (the Zuills) are uniquely impacted and also uniquely aware of the broader CS community/environmental impact compared to all other bordering properties and neighbors. Therefore, our "general" request in this comment is that the city bring us all together to explore the most neighborly possibilities related to preserving, moving, or replacing trees. 2. Trees that border the shared 200 foot property line (my side but close to the line, shared roots, overhanging branches, or trunks that straddle the property line): Here I'm talking about trees that are on my property or on the McKee Orchard property but which hang over both properties or which have root systems that straddle both. I have multiple trees that will be at risk if not treated C6 appropriately though the whole process --including the ongoing realities once new neighbors move in and become part of the equation. Initially, we need to consider preservation of my trees roots and limbs during grading, fencing, pools, landscaping, and such. Also, once the property is divided, I will need to deal with multiple new neighbors to 2 70 of 132 July 19, 2022, Item #4 continuously arbitrate the protection and care of the trees that share the space. This has been a continual problem with the Holly Oak development, long after the developer is gone. Of course, the Kent Sycamore is the most grievous example --neighbors sued the city at some point. My tree was eventually condemned. 12 years of needless battles between city and citizens; between neighbors. Then .... On Outlook Rd (which I own), there were 3 very tall Torrey Pines. Even though I warned the city before plan approval, the houses were approved to be built too close to those C6 great trees which straddle the property line between me and my new neighbors. Eventually, 15 years later --without cont. any discussion with me, or any arbitration or compensation --one of those great 100 foot tall Torrey Pines was cut down by a neighbor because they believed it was affecting their foundation. They cut it down without my involvement --a grand tree that sat half on my property. 2 others remain, shared with a different neighbor who is currently more accomodating. Future is murky. The planning of this development needs to recognize that there are trees that are on my property yet are close to the property line or that straddle the properties in some form and should be considered for preservation. This needs to be considered as part of the impact, whether this is legally part of this particular report or belongs in another phase of the C7 dicussion before approval. This topic of "trees on the edge" needs to be discussed and resolved with the Zuills in the loop as much as any other party before any approval. 3. Fence on the 200 foot of western edge of the Southern most 4 houses of McKee development: Of course, that's the 200 feet that borders my yard. The impact study describes that a "white fence" is planned. Seems neighborly and wise to include the Zuills in a discussion. Again, the fence is mentioned in this impact report, so I'm treating it as part of the impact. A plastic fence sounds like something affordable for the developer which will need to CB be maintained by the future owners (when developer is out of the loop.) For me, it means 4 fences --once with each different neighbor. Fences which eventually need to be mutually maintained. If not done wisely, my experience is that a poor fence becomes a source of friction. For the developer it is one fence ... and they are done once they sell the houses. For me it is 4 fences, bordering a variety of neighbors that I don't yet know. This "comment" document is not the place for specific proposals or suggestions, but the city should should again bring all parties together to discuss this important "interface" before approving the developers request. The city represents us all and is somewhat of an arbitrator as it sits in the position of approving plans. There are things on my list to consider from my side of the fence --things which can be handled in a way that comes out as a "win" for all C9 parties. Good for the developer and good for all the future neighbors. Please, city planners, bring us all to the table and make that 200 feet of fence one of the things that needs to be hashed out in a healthy way for all. I leave out the details of my concerns and ideas because it's best if we all sit down and explore on this topic with collaborative creativity to smooth out each party's needs and concerns interactively. (think height, material, robustness, privacy, sound, aesthetics, etc.) 4. Drainage We had terrible flooding when the Living Way Church was developed according to drainage plans that the city designed and insisted on. I knew the flooding would happen if we followed the city plan. The church people knew the flooding would happen if they followed the city plan. Before approval, we told the city what would happen, discussed with them, tried to reason, eventually argued with the city engineer. But the city required a certain design and insisted it would be fine --we had no choice. After the grading and paving, the rain came, and my neighborhood was flooded which had never happened before --and so every rain since. For 20+ years. We monkey with it continuously to make it bearable. We're not going through the same thing with this development. Drainage directly affects us and we have a history with bad plans foisted on the project. Another topic that the city must bring all players to the table to discuss and work out together to something that satisfies all before approving. C10 That's it! Sorry for the "stream of consciousness" style --this isn't my wheelhouse and it's all I have to offer. And sorry 7 C11 that I'm not tying each topic to a specifically referenced point in the report. I could do that I suppose once we sit down 3 71 of 132 July 19, 2022, Item #4 to unwind each of these topics together. But tonight I have to get back to my work --so sorry. I appreciate your flex and I C11 accomodation. =.J cont. Best regards, Fred & Yukie Zuill Property Owners and Residents 13636 Outlook Rd Poway, CA 92064 858-472-3309 fredyukie36@fredzuill.com fzuill.agile@gmail.com 72 of 132 4 July 19, 2022, Item #4 EXHIBIT 5 McKee Orchard TM Mitigated Negative Declaration Responses to Comment Letters Letters of comment on the Draft Mitigated Negative Declaration (MND) were received from the following agency and individuals (Table RTC-1) during the 30-day public review. A total of three comment letters/e-mails were received during the public review period. While responding to comments it was determined that minor revisions were needed to clarify the analysis. These changes to the text are indicated by strikeout (deleted) and underline (inserted) markings in the Final MND. Individual comments within each letter are bracketed and subsequently numbered in the margin of the comment letter. Bracketed/numbered comment letters are placed before the responses to the letter. Letter A B C CDFW A1 A2 A3 A4 AS 73 of 132 Table RTC-1 List of Commenting Agencies and Organizations Commenter Organizations I California Department of Fish and Wildlife (CDFW) Individuals Quoc Vuong Fred and Yukie Zuill Comment noted; no response required. Comment noted; no response required. Page RTC-1 RTC-1 RTC-1 The information in this comment is summarized from and consistent with the Draft MND. Comment noted; refer to response to comments AS through A8 regarding the project's impacts on sensitive biological resources. As noted in the biological technical memo, no evidence of bat activity was recorded during field observations. With regard to the three species noted in this comment: The pocketed free-tailed bat is not expected to roost on the project site because its preferred roosts include cliffs, quarries, and rock outcrops (i.e., vertical features; Tremor et al. 2017, San Diego County Mammal Atlas); none of these habitats are present on site. The Mexican long-tongued bat roosts in dimly lit areas of caves and cave-like structures (Tremor et al. 2017, San Diego County Mammal Atlas), which are not present on the project site. The species has also been observed in man-made structures such as wooden garages and maintenance buildings (Tremor et al. 2017, San Diego County Mammal Atlas), and the unoccupied residence and shed on site have a low potential to be used by bats to roost. RTC-1 July 19, 2022, Item #4 The western yellow bat is strongly associated with native groves of California fan palm, particularly where there is spring-fed, open, surface water. It roosts in the "skirts" of dead palm fronds and prefers tall palms where there is new leaf growth and a full range of "skirt" lengths. It may also occur in developed areas potentially using planted fan palms or other exotic trees where artificial water sources are found (Tremor et al. 2017, San Diego County Mammal Atlas). The project site does not support fan palms but does support two date palms, both of whose dead fronds (skirts) have been pruned off. However, there are other exotic trees on site and water sources nearby (e.g., swimming pools). Therefore, the western yellow bat is considered to have a low potential to roost on the project site. The applicant is committed to avoiding removal of trees and structures on site during the bat roosting season (approximately March through September) in order to avoid potential impacts to daytime, nighttime, and maternal colony roosting. If construction was to occur outside that season, any daytime roosting bats would be expected to fly away to avoid the construction activity resulting in a less-than-significant impact. There would be no impacts to nighttime roosting bats because construction activities would not occur at night. A6 If construction was scheduled to occur during the bat roosting season, there is a low potential impacts could arise. Nonetheless, mitigation measure BIO-1 of the EIS related to sensitive species has been augmented to specify avoidance measures related to roosting bats (BIO-1 b), in addition to nesting raptors (810-1 a), as follows: 74 of 132 BI0-1b: Removal of the trees and existing structures on site shall occur outside of the roosting season for bats (approximately March through September). If removal must occur during the roosting season, a qualified biologist with expertise and experience conducting bat surveys shall be retained by the applicant as a qualified bat biologist. A pre-construction survey shall be conducted by the qualified bat biologist no more than 30 days prior to the removal of trees and existing structures. The qualified bat biologist shall survey all trees or structures that provide suitable bat roosting habitat. The applicant shall submit the results of the pre-construction survey to the City of Poway for review and approval prior to initiating any construction activities. If a maternity roost is determined present, a 300-foot buffer shall be placed around the roost, and no work shall occur within the buffer until after the roosting season is over. Work within the buffer may proceed after the qualified bat biologist is able to verify that the roost is no longer active. If no bat roosts are detected during the pre-construction survey, no further mitigation is required. RTC-2 July 19, 2022, Item #4 A7 A8 A9 A10 A11 Ouoc Vuong B1 B2 B3 B4 75 of 132 The EIS acknowledges the potential for significant impacts to raptors and other avian species, and mitigation BIO-1 a is directed at reducing those potential impacts to less-than-significant levels. In response to this comment, BIO-1 a has been clarified to incorporate the revised breeding season dates, and the construction buffer language provided in the comment. As discussed in the EIS, the project site supports non-sensitive developed, disturbed, and ornamental vegetation communities/land cover types, and does not contain habitat or other sensitive natural communities. None of the trees present on the project site were considered habitat or identified as sensitive plants. The project would plant approximately 78 replacement trees in the 20 residential lots and adjacent rights-of-way. The project applicant is proposing the use of a combination of native trees and drought-tolerant (i.e., low-water usage) non-native trees to meet the City's required replacement ratio. The removal of trees at the project site and the installation of replacement trees would be conducted consistent with the requirements of the City of Poway's Urban Forestry Ordinance. No sensitive species were observed on the project site; therefore, a CNDDB field survey form does not need to be completed. Comment noted; the CDFW filing fee will be paid when the NOD is filed with the County Clerk. Comment noted; no response required. Comment noted; refer to response to comments B6 through B12 regarding issues related to project site access from Twin Peaks Road. Comment regarding the observation of a hawk and the presence of migratory birds and raptors in the area is noted. The EIS acknowledges the presence of raptors on the project site, consistent with commenter's observations, and determines that project impacts would be less than significant provided mitigation is implemented. The mitigation measures included in the EIS, including the mitigation measure referenced in this comment (measure BIO-1 ), would become conditions of approval for the project. Monitoring compliance with these conditions is the City's responsibility and is implemented via a project-specific Mitigation Monitoring and Reporting Program (MMRP). The qualified biologist identified in mitigation measure BIO-1 would work with City staff on implementation of the mitigation requirements. As stated in the mitigation measure, the results of the pre-construction survey would be submitted to the City for review and approval prior to the initiation of construction activities, with mitigation to be implemented to the satisfaction of the City. Compliance with California Fish and Game Code requires pre-construction surveys if trees are removed during the breeding season for nesting birds; however, trees can be removed outside of the breeding season with no significant impacts to breeding birds. Once the on-site trees are removed (outside of the breeding season for nesting birds or within the breeding season, with the required pre-construction surveys and appropriate mitigation, if necessary), there is no further RTC-3 July 19, 2022, Item #4 mitigation required by the Migratory Bird Treaty Act and California Fish and Game Code. Other trees are available in the project vicinity, including a large stand of trees associated with Rattlesnake Creek approximately 300 feet south of the project site's southern boundary. 85 The project site is planned and zoned for single-family residential housing. A redesign of the project is not required to mitigate for the project's impacts to biological resources, as demonstrated in the EIS. There are no traffic/circulation impacts related to accessing the property from Holly Oak Way. Access via Twin Peaks Road is discussed further in response 86. 86 A Sight Distance Study (Intersecting Metrics 2021) was conducted to assess the potential for the project to provide its main access point via a driveway on Twin Peaks Road. The study analyzed corner and stopping site distance assessments according to the Caltrans Highway Design Manual. The results of the study indicate that a project driveway on Twin Peaks Road is not recommended due to sight distance limitations. A project driveway along Twin Peaks Road would not meet the minimum corner or stopping sight distance requirements, due to the horizontal curves in the roadway to the west of the project site. City engineering staff reviewed the Site Distance Study and agreed with its assessment. It should be noted that the approved final map for Diroma Estates (TTM99-01 ), the subdivision that created Holly Oak Way, identifies a future easement that accommodates an extension of Holly Oak Way to the north, onto the project site. A deed of covenant on the title of each lot of Diroma Estates advised buyers of the intent to extend Holly Oak Way in the future. 87 This comment refers to a driveway located west of the Midland Road/Twin Peaks Road intersection. The commenter is correct that the project boundary is farther from the Midland Road/Twin Peaks intersection than the referenced driveway. The driveway the commenter is referencing is located approximately 460 feet west of the Midland Road/Twin Peaks Road intersection, while the western project boundary is located approximately 280 feet east of the Midland Road/Twin Peaks Road intersection. As discussed previously in response 85, a Sight Distance Study was conducted for the project to access the suitability of a main access point via a driveway on Twin Peaks Road. A number of factors are considered in a Sight Distance Study, including the horizontal and vertical curvature along the roadway, and the presence of visual obstructions at proposed access ways, such as vegetation, street trees, and structures. The referenced driveway is located on the north side of the roadway (on the opposite side of the roadway from any access that could occur for the project from Twin Peaks Road) and is located west of the curve along Twin Peaks Road, and as such, visual obstructions at that location are not the same as would occur along Twin Peaks Road at the project frontage. For these reasons, even though an access off of Twin Peaks Road may be appropriate at the other driveway location, the same conditions do not exist along the project site's frontage with Twin Peaks Road. The Sight Distance Study prepared for the project analyzing the specific location of proposed access to the project site from Twin Peaks Road demonstrates the lack of suitability of the location for a main access point to the project site. In addition, alternative access to another public street is available for the project site as identified in response B6. RTC-4 76 of 132 July 19, 2022, Item #4 B8 The commenter indicates that Victoria Estates Lane is a similar distance from the Community Road/Twin Peaks intersection as the project site is from the Midland Road/Twin Peaks Road intersection. However, the distance between Victoria Estates Lane and the Community Road/Twin Peaks intersection (at a distance of approximately 500 feet) is longer than the distance between the project site is from the Midland Road/Twin Peaks Road intersection (at a distance of approximately 280 feet). As discussed above, a number of factors are considered when analyzing adequate sight distance, including the horizontal and vertical curvature along the roadway, and the presence of visual obstructions at proposed access ways, such as vegetation, street trees, and structures. The referenced driveway at Victoria Estates Lane is also on the north side of Twin Peaks Road, on the opposite side of the roadway from any Twin Peaks Road access that could occur for the project site. The Victoria Estates Lane driveway is also located west of the curve along Twin Peaks Road. Similar to the scenario described in response B7, the sight distance at the Victoria Estates Lane driveway is much better than would occur along Twin Peaks Road in the vicinity of the project due to differences in roadway configuration and differences in intervening visual obstructions. The Sight Distance Study prepared for the project analyzing the specific location of proposed access to the project site from Twin Peaks Road demonstrates the lack of suitability of the location for a main access point to the project site. B9 For the reasons discussed in response B8, a proposed access point for the project off of Twin Peaks Road would not be similar to the existing access that occurs at Victoria Estates Lane, due to the differences in roadway configuration and visual obstructions specific for each location. Site distance issues identified at a proposed project access include the horizontal curvature of the roadway to the west of the project site and the presence of mature street trees along the roadway, which would obscure views of roadway from a proposed access point to the project site from Twin Peaks Road. In addition, alternative access to another public street is available for the project site as identified in response B6. B10 This comment reports the existing roadway conditions along Holly Oak Way and Midland Road. As reported, Holly Oak Way is a two-lane road, with one lane in each direction. Midland Road also contains one travel lane in each direction, with a center turn lane along most of its length. As noted in the comment, there is a dedicated left turn lane in a southerly direction on Midland Road to Holly Oak Way. The intersection of Midland Road and Holly Oak Way is controlled with a stop sign on Holly Oak Way, which would provide the necessary traffic control for future traffic conditions, with the project. The presence of a five-foot-wide Class II Bicycle Lanes on each side of Midland Road is noted. Bicyclists and motorists along area roadways are required to adhere to and obey all traffic laws. The project would add an estimated 16 trips to the Midland Road/Holly Oak Way intersection during the AM peak hour and 20 trips to the intersection during the PM peak hour. Less trips would be added during non-peak hour conditions. The presence of a bicycle , lane along Midland Road and the addition of project traffic to area roadways is not expected to lead to an increased risk of traffic accidents during rush hours to the Midland Road/Holly Oak Way intersection. B11 Project trip generation was calculated in the project's Traffic Operations Assessment (Intersecting Metrics 2021 ). The project's anticipated trip generation RTC-5 77 of 132 July 19, 2022, Item #4 was derived from the San Diego Association of Governments' SANDAG (Not So) Brief Guide of Vehicular Traffic Generation Rates for the San Diego Region, April 2022. The trip generation rate assigns a trip rate of 10 daily trips, per single-family detached dwelling unit (average 3-6 dwelling units per acre). The indicated trip generation rate provided by the SAN DAG (Not So) Brief Guide of Vehicular Traffic Generation Rates for the San Diego Region provides traffic generation rates and general trip data for a wide variety of land uses and is considered an industry standard. B12 The Traffic Operations Assessment (Intersecting Metrics 2021) evaluates the project's impacts on a number of components, including daily roadway operations, peak hour intersection operations, and intersection queueing. As discussed in the EIS and based on the analysis contained the project's Traffic Operations Assessment, the addition of project traffic would not result in significant impacts to roadway segments in the project area, as these roadways are operating well below design capacity. The SANDAG trip generation rate used to calculate project trips factors in service and delivery truck traffic. In addition, Midland Road between Twin Peaks Road and Holly Oak Way has a capacity design threshold of 16,000 daily trips. Existing daily trips along this segment of Midland Road is 4,753. With the addition of project traffic, daily trips along this segment of Midland Road would increase to 4,953, an approximately 4.2 percent increase above existing conditions and well below the capacity of the road. Therefore, project traffic would not hinder the operations of Holly Oak Way as an access street for the project. Refer to comment B1 O regarding bicycle lane traffic on Midland Road. Unlawful activities, such as speeding and traffic collisions are outside of the control of the project applicant. The extension of Holly Oak Road would be designed to comply with City and Fire Department requirements, to ensure the extension would meet required access standards. B13 This comment does not address the adequacy of the CEQA document. No response is required. B14 Comment noted. Please refer to response B6. B15 Comment noted. Please refer to response B6. B16 As discussed in the EIS, the project impact analysis for transportation impacts was conducted consistent with the requirements of CEQA Guidelines section 15064.3, subdivision (b). Vehicle miles traveled (VMT) impacts for the project were analyzed using the San Diego Region Guidelines prepared by the Institute for Traffic Engineers (ITE). Based on the ITE guidelines, a project that is consistent with the General Plan designation and generates less than 1,000 ADT would not require a VMT analysis. As the project is consistent with the General Plan designation for the site, and would generate 200 ADT, a VMT analysis is not required. As discussed in response to comment B6, project access via Twin Peaks Road would not meet the minimum corner or stopping sight distance requirements, due to the horizontal curves in the roadway to the west of the project site. City engineering staff reviewed and agreed with the assessment that Twin Peaks Road does not provide a viable access option for the project. Further, as also discussed in response to comment B6, Holly Oak Way has been planned for future extension to the project site. B17 This comment does not address the adequacy of the CEQA document. No response is required. RTC-6 78 of 132 July 19, 2022, Item #4 Fred and Yukie Zuill C1 Comments noted. C2 As noted in the comment, the project would result in the removal of trees on the project site, adjacent to commenter's property. The loss of shading provided by the trees proposed for removal is not considered an impact under CEQA. C3 The on-site trees would be removed consistent with the requirements of Poway's Municipal Code section 12.32.150, Private Tree Removal Permit. The removed trees would be replaced consistent with the requirements of Poway Municipal Code section 12.32.170, Replacement of Trees. The removal of trees exceeding 8 inches diameter at breast height would require replacement at a ratio of two 48-inch box specimen trees per one tree removed. Other trees would be replaced at a one-to-one ratio consistent with the requirements of the Municipal Code. Refer to response to comment A8 for additional information on replacement trees. C4 Comment regarding the observation of red tail hawks is noted. The EIS acknowledges the presence of raptors on the project site, consistent with commenter's observations, and identifies impacts to raptors during project implementation. As discussed in the EIS and in responses 83 and 84 above, the project would implement mitigation to reduce potentially significant impacts to nesting raptors to a less than significant level. CS As noted, the project would require removal of trees adjacent to commenter's property to implement the project; although not a CEQA issue, the project applicant would be willing to discuss the effects of tree removal on the neighboring properties with affected parties. C6 Comment noted. Please refer to response CS. C7 Comment noted. Please refer to response CS. C8 The project site would include a vinyl fence along the western portion of the site, between the proposed residences and adjacent uses to the west. An existing wooden fence is currently present along the western property line, which would remain in place, with the new fence placed adjacent to and parallel to the existing fence. Although not a CEQA issue, the project applicant is willing to discuss fencing materials with neighboring property owners. C9 Comment noted. Please refer to response C8. C1 O The project would be required to control runoff from the project site to ensure that post-development runoff does not increase beyond levels that currently exist at the project site; however, the project is not responsible for resolving drainage issues from other properties, outside of the project limits. The project would incorporate infiltration trenches and trees wells for storm water treatment and hydromodification management plan controls. The storm water management facilities are required to be maintained throughout the life of the project as outlined in section 16.104 of the Poway Municipal Code. The project would comply with all storm water quality regulations and waste discharge requirements for surface water quality, as governed by the State Water Resources Control Board, the County of San Diego, and the City of Poway. C11 Comment noted. RTC-7 79 of 132 July 19, 2022, Item #4 RESOLUTION NO. 22-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 21-003 AND DEVELOPMENT REVIEW 21-002, ALLOWING FOR A 20-LOT SUBDIVISION AND THE CONSTRUCTION OF 20 SINGLE-FAMILY DWELLING UNITS (ASSESSOR PARCEL NUMBER 314-192-02) WHEREAS, the City Council considered Tentative Tract Map (TTM) 21-003 and Development Review (DR) 21-002; a request to subdivide a 4.77-acre parcel into 20 lots and construct 20 single-family dwelling units located at 13667 Twin Peaks Road in the Residential Single Family 4 (RS-4) zone; WHEREAS, on July 19, 2022, the City Council held a duly advertised public hearing to receive testimony from the public, both for and against, relative to this matter; and WHEREAS, the City Council has read and considered the agenda report for the proposed project, including the attachments, and has considered all other evidence presented at the public hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: As required under the California Environmental Quality Act (CEQA), an Environmental Initial Study (EIS) was completed for the project. A project notification letter was sent to the tribal representatives which are traditionally and culturally affiliated with the geographic area within the City of Poway's jurisdiction. City staff engaged in and concluded consultation with two tribes who responded to the letter. The EIS determined that the project would have potentially significant impacts to migratory nesting birds, roosting bats, and archaeological resources. Mitigation measures BIO-1a, 810-1 b, and CUL-1 through CUL-5 would reduce these impacts to a less-than-significant level. A Notice of the Availability of the EIS and proposed Mitigated Negative Declaration ("MND") for public review and comment was provided pursuant to the requirements of CEQA. The City Council finds, in its independent judgment and based on a review of the entire record of proceedings, including written and oral comments from the public, that no substantial evidence supports a fair argument that after mitigation imposed in the MND, the project could result in a significant impact. SECTION 2: The findings, in accordance with the State Subdivision Map Act (Government Code Section 66410 et. seq.) for TTM21-003, are made as follows: A. That the proposed subdivision map is consistent with the objectives, policies, general land uses and programs of the General Plan in that it proposes to create 20 residential lots on a site that is designated for residential use. The density of the project is consistent with the General Plan designation and Poway Municipal Code (PMC) standards, as required by State Density Bonus Law (Section 65915 of the California Government Code). The project includes one affordable housing unit at the very-low-income level which makes the project eligible for a density bonus pursuant to State law (Government Code Section 65915(b)(1)(a)). The maximum density for the RS-4 zone is four dwelling units per acre, or 15.64 dwelling units based off the lot's gross acreage of 4. 77 acres. By providing one 80 of 132 ATTACHMENT B July 19, 2022, Item #4 Resolution No. 22-Page 2 very-low-income unit, the project is eligible for a 20 percent density increase. The 20 percent increase allows up to 20 units to be built. B. That the design of the proposed subdivision is consistent with the General Plan in that the approved lot sizes and configurations adhere to the development standards of the General Plan and PMC, except as allowed by State Density Bonus Law (Section 65915 of the California Government Code). Per adopted State Density Bonus requirements (Gov. Code§ 65915 et seq.), the City is required to grant concessions and/or waivers of development standards because the Project includes five percent ( one unit) of the base density units for very-low-income households. The Applicant is requesting three waivers and are as follows: 1. Lot size -The minimum lot size for the RS-4 zone is 10,000 square feet. The proposed lots range in size from 7,012 square feet to 13,445 square feet. 2. Lot width -The minimum lot width for the RS-4 zone is 70 feet. The proposed lot widths are 60 feet. 3. Side yard setback-The minimum side yard setback for the RS-4 zone is 10 feet. The proposed side yard setbacks are five feet. C. That the site is physically suitable for the proposed development in that the site is large enough to provide 20 lots by applying State Density Bonus Law and with the granting of three development standard waivers as discussed in Subsection B of this Section. D. That the site is physically suitable for the proposed density of development in that by providing one very-low-income unit, the project is eligible for a 20 percent density increase pursuant to State Density Bonus Law. The 20 percent increase allows up to 20 units to be built. E. That the design of the subdivision is not contrary to the policy of the State legislature as stated in Chapter 1, commencing with Section 21000, of the State Public Resources Code, and will not likely cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat with the implementation of Mitigation Measures 810-1 a and 810-1 b. F. That the design of the subdivision is not likely to cause serious public health problems in that City water and sewer services are available to the site. G. That the design of the lot division will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision in that the subdivision can occur without obstructing or otherwise impacting existing or new easements. SECTION 3: The findings for DR 21-002, in accordance with the Poway Municipal Code (PMC) 17.52.010 Purpose of Development Review, are made as follows: A. The project has been designed to be architecturally compatible with surrounding development and conforms to the Old Poway Specific Plan design guidelines by utilizing an architectural design that incorporates earth tone colors, natural wood, stone, and brick finished that are compatible with building in the Old Poway Specific Plan area and reflect Poway's rural character. Therefore, the project respects and recognizes the 81 of 132 July 19, 2022, Item #4 Resolution No. 22-Page 3 interdependence of land values and aesthetics to the benefit of the City. B. The project has been designed to minimize impacts on surrounding development by utilizing a compatible architectural design consistent with the Old Poway Specific Plan. 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 DR would not be materially detrimental to the public health, safety or welfare within the community since the proposed development will complete improvements necessary for the 20-lot subdivision. D. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan and the Old Poway Specific Plan except as allowed by State Density Bonus Law (Section 65915 of the California Government Code). The homes feature a Craftsman style, consistent with the Old Poway Specific Plan Architectural Standards and Design Guidelines. Architectural building features include cement tile roofs, overhanging eaves, wood accents, patterned windowpanes, and various combinations of board and batten, lap siding, stone, and brick. Additionally, the extension of Holly Oak Way would include Old Poway streetlights similar to the existing streetlights on Holly Oak Way, continuing the Old Poway Specific Plan streetscape theme. Per adopted State Density Bonus requirements (Gov. Code§ 65915 et seq.), the City is required to grant a density bonus for housing developments that provide a minimum of five percent of the housing units as affordable to very-low-income households. For housing developments that provide five percent of the maximum allowable units, a density increase of 20 percent shall be granted. The project includes one affordable housing unit at the very-low-income level which makes the project eligible for a density bonus pursuant to State law (Government Code Section 65915(b)(1 )(a)). The maximum density for the RS-4 zone is four dwelling units per acre, or 15.64 dwelling units based off the lot's gross acreage of 4. 77 acres. By providing one very-low-income unit, the project is eligible for a 20 percent density increase. The 20 percent increase allows up to 20 units to be built. SECTION 4: The findings, in accordance with Government Code Section 66020 for the public improvements needed as a result of the proposed development to protect the public health, safety and welfare, are made as follows: A. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as City Ordinances, because all necessary facilities will be available to serve this project. B. The construction of public improvements is needed as a result of the proposed development to protect the public health, safety and welfare as identified below: • Sewer line • Water line • Street improvements • Storm drain improvements • Landscaping 82 of 132 July 19, 2022, Item #4 Resolution No. 22-Page 4 C. In accordance with the Poway General Plan, the project requires the payment of development impact fees, which are assessed on a pro-rata basis to finance public infrastructure improvements, which promote a safe and healthy environment for the residents of the City. SECTION 5: The City Council hereby approves TTM21-003 and DR21-002, as shown on the approved plans incorporated herein by reference and stamped as "Exhibit A" dated July 19, 2022 (Exhibit A hereinafter) on file with the Development Services Department, except as noted herein and subject to the following conditions: A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including reasonable attorney's fees, collectively the "Claims" against the City or its agents, officers, or employees, relating to the issuance of any aspect of the project approval set forth in this resolution, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval (including but not limited to TTM21-003 & DR21-002) and any environmental document or decision made pursuant to CEQA. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation-related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. Notwithstanding the foregoing, no indemnity shall be required for claims resulting from the exclusive gross negligence or willful misconduct of the City. B. This approval is based on the existing site conditions and proposed project details represented on the approved plans stamped "Exhibit A" and on file at the Development Services Department. If actual conditions and details vary from representations on Exhibit A, the approved plans must be changed to reflect the existing site conditions and proposed project details. Any substantial changes to the approved plans must be approved by the Director of Development Services and may require approval of the City Council if the Director of Development Services finds that the proposed changes do not substantially conform to approved plans. This matter does not include the residential housing design or development review of any of the residential lots, which would be subject to a subsequent minor development review or development review permit approval. C. Prior to issuance of any permit, the applicant shall (1) submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant Regarding Real Property notarizing and recording said document. In order for the City to prepare the Covenant the applicant must first submit a legal description of the subject site. D. The conditions for the project shall remain in effect for the life of the subject property, and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. E. The developer is required to comply with the Poway Noise Ordinance (Chapter 8.08 PMC) requirements that govern construction activity and noise levels. A Construction Noise 83 of 132 July 19, 2022, Item #4 Resolution No. 22-Page 5 Management Plan (CNMP) shall be prepared and submitted to the City of Poway Planning Division for its review and approval. Prior to the issuance of a Building Permit, construction plans shall also include a note indicating compliance with the CNMP is required. The CNMP shall be prepared or reviewed by a qualified acoustician (retained at the project applicant/owner or construction contractor's expense). F. Prior to Final Map approval, unless other timing is indicated, the following conditions shall be complied with: 1. Within thirty (30) days after tentative map approval, the applicant shall submit in writing to the City's Senior Planner that all conditions of approval have been read and understood. 2. This approval is based on the existing site conditions represented on the approved tentative map. If actual conditions vary from representations, the approved tentative map must be changed to reflect the actual conditions. Any substantial changes to the tentative map must be approved by the Director of Development Services and may require approval of the City Council. 3. The final map, together with the supporting data and documentation, shall be submitted to Engineering Division for review and approval. The appropriate map checking fee shall be paid by the applicant. 4. The final map shall conform to City standards and procedures, the City Subdivision Ordinance, the latest edition of the Subdivision Map Act, and the Land Surveyors' Act, and all other applicable laws, regulations and ordinances. 5. The applicant shall include provisions in their design contract with their design consultants that, following acceptance by the City, all construction drawings or technical reports accepted by the City (exclusive of architectural building plans) shall become the property of the City. Once accepted, these plans may be freely used, copied or distributed by the City to the public or other agencies as the City may deem appropriate. An acknowledgement of this requirement from the design consultant shall be included on all construction drawings at the time of plan submittal. 6. A new 20-foot public water easement and a public pedestrian and trail easement shall be dedicated from the new terminus of Holly Oak Way, and a 21-foot right of way dedication along the southerly side of Twin Peaks Road shall be dedicated to the City of Poway on the Final Map. 7. A mylar copy of the Final Tract map shall be provided to the City within 3 months of its recordation or prior to building permit issuance, whichever comes first. A cash deposit to the City, in an amount equivalent to $100.00 per sheet of the Tract Map, for the mylar reproduction of the recorded Tract Map shall be posted. 8. Within 30 days after City Council approval of the Final Tract Map, the subdivider shall pay the City the sewer connection fee. 9. The applicant shall pay the drainage impact development fee in effect at the time of subdivision. 10. The project requirements for fire protection specify the installation of two or more fire 84 of 132 July 19, 2022, Item #4 Resolution No. 22-Page 6 hydrants and expansion of the public water system necessary to support the installation of the hydrants. A Water System Analysis is required for final design of the proposed public water system expansion. Applicant shall pay for the cost of preparing the analysis prior to submittal of improvement plans. 11. A Public Improvement plan shall be submitted per Municipal Code requirements to the Department of Development Services, Engineering Division. Improvement design should be 100 percent complete at time of submittal and should include the following Public Improvements: a. A new public pedestrian access and trail shall be provided between the proposed lots 10 and 11 north to Twin Peaks Road. b. Public sewer improvements connecting all 20 units to the nearest public sewer main in Holly Oak Way. c. Public water improvements including fire hydrants and related appurtenances connecting all 20 units to the public water main located in Holly Oak Way and Twin Peaks Road. d. Public road, sidewalk and street light improvements for the extension of Holly Oak Way. 12. The public improvement plan shall be approved. The applicant shall enter into a Standard Agreement for public improvements for the work to be done as part of the Public Improvement plan. The applicant will be responsible for posting securities for monumentation and public improvements. (Planning) 13. The public improvement plan shall include improvements shown on "Exhibit A" fronting Holly Oak Way and shall include the following: a. Decorative streetlights per the Old Poway street light detail. b. Street trees shall be provided per the Landscape and Irrigation Design Manual. A minimum of one fifteen-gallon tree shall be provided per every 30 lineal feet of street frontage. Existing trees shall be considered and included to meet this requirement. 14. If the project will be phased, the applicant shall be responsible for presenting a phasing plan to the satisfaction of the Development Services Director prior to sale, lease, or financing. G. Prior to Grading Permit issuance, unless other timing is indicated, the following conditions shall be complied with: 1. Submit a precise grading plan for the development 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 Chapter 16 of the Poway Municipal Code shall be submitted. 2. A drainage study addressing the impacts of the 100-year storm event prepared by a registered Civil Engineer is to be submitted and approved. The study shall evaluate 85 of 132 July 19, 2022, Item #4 Resolution No. 22-Page 7 existing and proposed hydrologic and hydraulic conditions to the satisfaction of the City project engineer. 3. Water Quality Control -Design and Construction The project shall comply with the City and Regional Water Quality Control Board stormwater requirements. The project is considered a Priority Development Project and will be subject to all City and State requirements. Two copies of a final Storm Water Quality Management Plan (SWQMP) prepared by a registered Civil Engineer is to be submitted and approved. Once the final SWQMP is approved; a. Provide two copies of an Operation & Maintenance (O&M) plan in accordance with Chapter 16.104 of the Poway Municipal Code, and a signed PDF version. b. Property owner shall execute an approved Storm Water Management Facilities Maintenance Agreement accepting responsibility for all structural BMP maintenance, repair and replacement as outlined in the Operations and Maintenance plan. The operation and maintenance requirements shall be binding on the land throughout the life of the project as outlined in section 16.104 of the Poway Municipal Code. c. Property owner shall record covenants on Lots 1 and 20 stating that the future property owners of these lots will be responsible for perpetual maintenance of the offsite treatment adjacent to their parcels. The covenants will include language that if the trees need to be removed, the property owner will participate in the process for tree replacement or alternative treatment options and share any related costs. Similar language will also be included in the Storm Water Management Facilities Maintenance Agreement. 4. Water Quality Control -Construction Storm Water Management Compliance Proof of coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit, 2009-0009-DWQ, as amended by order 2010-0014) shall be provided to the City along with a copy of the Storm Water Pollution Prevention Plan (SWPPP). 5. Grading securities shall be posted with the City prior to grading plan approval per Chapter 16.46 of the Poway Municipal Code. A minimum cash security of $2,000 is required in all instances. 6. Any private improvements, including but not limited to, the tree wells and infiltration trenches proposed in the right of way for stormwater treatment purposes will require an Encroachment Agreement. 7. The applicant shall pay the storm water pollution inspection fee according to the latest adopted master fee schedule. 8. Following approval of the grading plans, posting of securities and fees, and receipt of five 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. 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. 86 of 132 July 19, 2022, Item #4 Resolution No. 22-Page 8 9. 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. 10. Construction staking is to be inspected by the Engineering Inspector prior to any clearing, grubbing or grading. As a minimum, all protected areas as shown on the approved grading plans are to be staked under the direction of a licensed land surveyor or licensed civil engineer and delineated with lathe and ribbon. As applicable, provide two copies of a written certification, signed and sealed in accordance with the Business and Professions Code, by the engineer of record stating that all protected areas have been staked in accordance with the approved plans. (Planning) 11. A Tree Removal Permit shall be obtained prior to the removal of all existing trees. 12. Pursuant to mitigation measure 810-1 a, removal of the trees on site shall occur outside of the breeding season for nesting birds, which generally runs from February 1 to September 15 (as early as January 1 for some raptors). If removal of the pine trees must occur during the breeding season, a qualified biologist shall conduct a pre-construction survey to determine the presence or absence of nesting birds or raptors protected under the Migratory Bird Treaty Act and California Fish and Game Code. The pre-construction survey shall be conducted within 3 calendar days prior to the start of construction activities (including removal of vegetation) and shall include the limits of disturbance and an additional 100 feet (300 feet for raptors) from the area of disturbance. The applicant shall submit the results of the pre-construction survey to the City of Poway for review and approval prior to initiating any construction activities. If an active nest is identified, a buffer shall be established between the construction activities and the nest so that nesting activities are not interrupted. For the given Project site, a 100-foot buffer from common avian species, a 300-foot buffer for listed or highly sensitive species, and a 500-foot for raptors, shall be established and maintained. The buffer shall be delineated by temporary fencing and remain in effect as long as construction is occurring. No Project construction shall occur within the fenced nest zone until the young have fledged, are no longer being fled by the parents, have left the nest, and will no longer be impacted by the project. Reductions in the nest buffer distance may be appropriate depending on the avian species involved, ambient levels of human activity, screening vegetation, or possibly other factors. 13. Pursuant to mitigation measure 810-1 b, removal of the trees and existing structures on site shall occur outside of the roosting season for bats (approximately March through September). If removal must occur during the roosting season, a qualified biologist with expertise and experience conducting bat surveys shall be retained by the applicant as a qualified bat biologist. A pre-construction survey shall be conducted by the qualified bat biologist no more than 30 days prior to the removal of trees and existing structures. The qualified bat biologist shall survey all trees or structures that provide suitable bat roosting habitat. The applicant shall submit the results of the pre-construction survey to the City of Poway for review and approval prior to initiating any construction activities. If a maternity roost is determined present, a 300-foot buffer shall be placed around the roost, and no work shall occur within 87 of 132 July 19, 2022, Item #4 Resolution No. 22-Page 9 the buffer until after the roosting season is over. Work within the buffer may proceed after the qualified bat biologist is able to verify that the roost is no longer active. If no bat roosts are detected during the pre-construction survey, no further mitigation is required. 14. Pursuant to mitigation measure CUL-1, A treatment plan for the archaeological data recovery program and construction monitoring shall be prepared by a qualified archaeologist prior to issuance of a grading permit. The treatment plan shall identify the project site and take into consideration the vertical and horizontal extent of proposed grading and ground disturbing activities within the project site. The plan shall describe how archaeological data would be scientifically and systematically collected from the project site, and how this data would be used to address research issues. 15. Pursuant to mitigation measure CUL-2, prior to excavation and ground disturbing activities, a data recovery program shall be completed by a qualified archaeologist. The data recovery phase shall focus on recovering archaeological data sufficient to mitigate the destruction of CA-SDl-4606 within the project site. The amount of excavation and the locations of the excavation shall be determined through a Ground Penetrating Radar study as well as surface observations. Standard hand-excavated archaeological 1-x-1-m test units can be used during this phase, although these may be expanded if features are discovered or to cover a larger part of the project site. The units shall be excavated by hand using arbitrary 10-cm levels unless cultural stratigraphy is identified. Hand tools potentially including shovels, picks, trowels, brushes, and probes, shall be used in the excavation. All soils shall be passed through 1/8-inch mesh screen (or smaller if column samples are taken and processed), using a water-screening technique. Following completion of excavation, all cultural materials shall be washed, cataloged, and analyzed. Technical analyses shall include lithic artifact analysis, shellfish analysis, chronometric studies, faunal studies, and other analyses as needed to describe the cultural materials and address the research issues. A data recovery report shall be prepared and submitted to the City of Poway for approval. 16. Pursuant to mitigation measure CUL-4, the applicant shall provide written verification that a qualified archaeologist has been retained to implement the monitoring program. This verification shall be presented in a letter from the project archaeologist to the City of Poway. The qualified archaeologist shall attend the pre-construction meeting with the contractors and City staff to explain and coordinate the requirements of the monitoring program. 17. The applicant shall be required to enter into with the City and record a density bonus agreement and a regulatory agreement prepared by the City Attorney to ensure that one affordable unit remains affordable to a very-low-income household (whose household income does not exceed 50 percent of the area median income for San Diego County) for the entire 55-year affordability term, pursuant to all applicable requirements of Poway Municipal Code Section 17.26.620 and the California Density Bonus Law, including, without limitation, the standards/process for marketing the affordable units for initial lease-up, verifying tenant incomes, monitoring continued affordability of the units, marketing and filling vacancies, and setting forth restrictions and enforcement mechanisms in the event of failure to maintain affordability provisions. The applicant shall provide the City with a cash deposit in an amount sufficient to cover the cost of the City's preparation of the affordable housing documents. 88 of 132 July 19, 2022, Item #4 Resolution No. 22-Page 10 18. Landscape and irrigation plans shall be submitted for review. The landscape and irrigation plans shall demonstrate compliance with the City of Poway Landscape and Irrigation Design Manual, PMC Chapter 17.41, PMC Chapter 15.24 as it relates to fuel management and defensible space, and all other applicable standards and ordinances in effect at the time of landscape and irrigation plan check submittal. The landscape and irrigation plan submittal are a separate submittal from other project plan check submittals and is made directly to the Planning Division. Contact the Planning Division for copies of applicable City standards, the landscape and irrigation plan submittal checklist and the plan review fee worksheet. Landscape and irrigation plan review fees are required and are the responsibility of the applicant. H. Prior to building permit issuance, unless other timing is indicated, the following conditions shall be complied with: (Engineering) 1. The Public Improvement plan shall be approved and the applicant shall enter into a Standard Agreement for Public Improvements. The applicant will be responsible for posting securities for public improvements. 2. The site shall be developed in accordance with the approved grading plans on file in the Development Services Department and the conditions contained herein. Grading of lots shall be in accordance with the Uniform Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City. 3. 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. 4. Applicant shall obtain a Grading Permit and complete rough grading of the site. The grading shall meet the approval of the Engineering Inspector and the project's geotechnical engineer. Following completion of rough grading, please submit electronically the following: a) Certification of line and grade for the lot, prepared by the engineer of work. b) Soil compaction report for the lot, prepared by the project's geotechnical engineer. The certification and report are subject to review and approval by the City. 5. 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. 6. The applicant shall pay all applicable development impact fees according to the latest adopted master fee schedule at time of permit issuance. (Planning) 7. The applicant shall comply with the latest adopted Uniform Building Code, National Electric Code, Chapter 17.07 PMC, and all other applicable codes and ordinances in effect 89 of 132 July 19, 2022, Item #4 at the time of permit issuance. Resolution No. 22-Page 11 8. 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. 9. An Affordable Housing In-Lieu Fee of $500 for each market-rate dwelling unit shall be collected prior to the Building Permit issuance. 10. The residences shall be equipped with low-flow plumbing fixtures. 11. Exterior building materials and finishes shall reflect the approved elevations (Exhibit A) 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. 12. All garages shall provide and maintain a minimum of 150 cubic feet of overhead storage racks to encourage parking within the two-car garages. 13. The affordable housing unit shall be equal in size, style, and character to the market-rate units. 14. Pursuant to mitigation measure CUL-4, a report documenting the field and analysis results and interpreting the artifact and research data within the research context shall be completed and submitted to the City of Poway prior to the issuance of any building permits. I. Prior to issuance of the first certificate of occupancy, unless other timing is indicated, the following conditions shall be complied with: (Engineering) 1. Existing overhead electrical poles and lines within property limits must be undergrounded. 2. All existing and proposed utilities or extension of utilities required to serve the project shall be installed underground. No extension of overhead utilities shall be permitted. 3. The drainage facilities, driveway, slope planting measures, and all utility services shall be installed, and completed by the property owner, and inspected by the Engineering Inspector for approval. All new utility services shall be placed underground. 4. An adequate drainage system around the new building pads capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector. 5. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to the streets caused by construction activity from this project. 6. All applicable easement dedications and maintenance agreements are to be recorded prior to occupancy. 7. After completion of all work, record drawings for both the grading and improvement plans, signed by the engineer of work, shall be submitted to Development Services for review prior to a request of occupancy, per Section 16.52.1308 of the Grading Ordinance. 90 of 132 July 19, 2022, Item #4 Resolution No. 22-Page 12 Approval of all record drawings is required prior to issuance of occupancy and release of grading and improvement securities. Initial submittal of record drawings at least three weeks prior to a request for occupancy is recommended. (Planning) 8. Landscape and irrigation shall be installed and maintained in accordance with the approved landscape and irrigation plans on file with the City of Poway Planning Division. All landscaping shall be maintained in a thriving condition. 9. The site shall be cleared of all construction materials, supplies, and equipment. 10. All light fixtures shall be designed, shielded and adjusted to reflect light downward, away from any road or street, and away from any adjoining premises. J. The applicant shall comply with the following requirements to the satisfaction of the Director of the Safety Services (Fire Department): 1. The approved water supply for fire protection (fire hydrants), either temporary or permanent, shall be made available as soon as combustible material arrives on site. 2. The approved fire apparatus access for fire protection, either temporary or permanent shall be made available as soon as combustible material arrives on site. 3. An approved water supply capable of supplying the required fire flow of 1500GPM for fire protection shall be provided to all premises upon which facilities, buildings, or portions of buildings will be constructed. A new water main and fire hydrant shall be located within 600-feet of the structure following an approved route. A water analysis shall be performed to establish the adequacy of the existing water main and all necessary system design to serve the project. Costs of the water analysis shall be the responsibility of the applicant. 4. Fire apparatus access roads shall have an unobstructed, improved width of not less than 20 feet, except single-family residential driveways serving no more than two improved parcels containing dwelling units shall have a minimum of 16 feet of unobstructed improved width. In most cases, the City of Poway construction standards for streets (Chapter 12.20 PMC) will be more restrictive. The more restrictive standard shall apply. Vertical overhead clearance shall be a minimum of 13 feet 6 inches. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus not less than 75,000 pounds unless authorized by the FAHJ and shall be provided with an approved paved surface as to provide all-weather driving capabilities. A paved driving surface shall mean asphalt, concrete, or permeable paving system. The turning radius of a fire apparatus access road shall be a minimum of 28 feet as measured to the inside edge of the improvement width or as approved by the fire code official. 5. The gradient for a fire apparatus access roadway shall not exceed 20 percent. Grades exceeding 15 percent (incline or decline) shall be constructed of Portland cement concrete (PCC), with a deep broom finish perpendicular to the direction of travel, or equivalent, to enhance traction. Grades exceeding 10 percent shall be constructed of asphalt or PCC. Permeable paver systems shall not be used for grades exceeding 10 percent. The fire code official may require additional mitigation measures where he or she deems appropriate. 91 of 132 July 19, 2022, Item #4 Resolution No. 22-Page 13 6. The angle of departure and the angle of approach of a fire access roadway shall not exceed seven degrees (12 percent) or as approved by the fire code official. 7. All dead-end fire access roads in excess of 150 feet in length shall be provided with approved provisions that allow emergency apparatus to turn around. A cul-de-sac shall be provided in residential areas where the access roadway serves more than two structures. The minimum, unobstructed paved radius width for a cul-de-sac shall be 38 feet in residential areas. 8. All gates or other structures or devices that could obstruct fire access roadways or otherwise hinder emergency operations are prohibited unless they meet the standards approved by the fire code official and receive Specific Plan approval. All automatic gates across fire access roadways and driveways shall be equipped with approved, emergency, key-operated switches overriding all command functions and opening the gate(s). Gates accessing more than four residences or residential lots, or gates accessing hazardous institutional, educational or assembly occupancy group structures shall also be equipped with approved emergency traffic control-activating strobe light sensor(s), or other devices approved by the fire code official, which will activate the gate on the approach of emergency apparatus with a battery backup or manual-mechanical disconnect in case of power failure. In the event of a power failure, the gate shall be automatically transferred to a fail-safe mode allowing the gate to be manually pushed open without the use of special knowledge or equipment. All automatic gates must meet fire department policies deemed necessary by the fire code official for rapid, reliable access. 9. Approved numbers and/or addresses shall be placed on all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Number shall contrast with their background and shall meet City of Poway standards. The address is required at the private driveway entrance. 10. A residential fire sprinkler system with a one-inch water meter will be required for each residential structure. If a one-inch lateral off the street main is currently not present, one will have to be installed. If a pressure pump is required for fire sprinkler operation, auxiliary power is required. A separate plan submittal is required for each lot prepared by a licensed sprinkler contractor or fire protection engineer. Approval by the Poway Fire Department, Division of Fire Prevention is required for the residential sprinkler system prior to installation. There is a separate fee for each the plan check and the inspection services of each lot. 11. Smoke detectors shall be installed in all bedrooms and adjoining hallways. The smoke detectors shall be hard-wired, with a battery backup, and shall be wired in such a manner that if one detector activates, all detectors activate. 12. Carbon monoxide detectors shall be installed in hallways adjoining bedrooms. The carbon monoxide detectors shall be hard-wired, with a battery backup, and shall be wired in such a manner that if one detector activates, all detectors activate. 13. Each chimney used in conjunction with any fireplace shall be equipped with an approved spark arrester. 92 of 132 July 19, 2022, Item #4 Resolution No. 22-Page 14 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 19th day of July, 2022 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 93 of 132 July 19, 2022, Item #4 .. NORTH 94 of 132 RS-2 PF ::r: -----1 n----tc Q) --:::£----1 RR-A City of Poway Zoning / Location Map Item: TTM21-003/DR21-002 0 125 250 500 ~~~~===:l~~~~~~~ Feet ATTACHMENT C PF RR-C July 19, 2022, Item #4 \0 u, 0 -ti ...a. w N 1' ~ { ( ,t "--,,:.i, '"\-"~ ~:;~~r?\~~ ·:~i;-\ __ <1 1----~- -/ --J '" ' --._, .µ.~--◊-➔ J ' .,.-, ' ,--,,,--~~ -'., ~ "\.. ...._ '" ,, ,, ? iF~ \ ' r_ ,=,,n-n-rn77,~ ---,-~ _-, / L,_-'-'j~ -·-~, -it -;-r--r,-} ' ' / ,, 1 ~---~' =-"fi_ ~ 1 •.•. tL_ SITE DEYELOPMENT PLAN FOR, McKEE ORCHARD , , ,-~: \1 > -I : :~:::!= , I I (•-I .,-·'APN 314-192-62-00,.LL:. __ (I (_LJj __ /L I :j -l \,) ~ '\: \ \AJ>N i514-96o':.:bs-o~r, _\~\\, -y_, '>,,;., '''.J, ' 'I ~J> L~J -··········· \ ____ .,,=_..,,.,...::.·.::.~~ ... :) cj·-·:-·lj \ ;~,.,,,..,...,.,.,..,{ ,y:Jt'r~, -,, 0 / 1*~~"'"'1 APN 314-960-09-00 LEGAL DESCRIPTION· THAT PORTION OF THE NORTH HN..F OF THE HORTHCAST QUARTER OF SEC110H 12. TOMINSHIP 14 SOUTH, RANG£ 2 MEST. SAN BERNARDINO BAS£ ANO lrERtOIMI, l'I 7HE CITY OF POWAY, COUNTY OF SAN DEGO. ST.Al£ OF CAl.lFCMMA, ACCORDING 1V UNITED STA.TES' CO',£RNM£HT SUR'~Y APPR()'-,£0 SCPlEl#BCJf 11, 18711, ANO AS SHO'AN ON RCCCRO OF SUR\£Y MAP HO. 1646, Fl£D IN THC OfflCE OF THE COUNTY RECORDElf OF SU> COUNTY OCT09ER 16. 194-7. fiE;f.:§eB'S PARCEL NUt,IBER· PROJ(CT SUMMARY: GROSS AREA • 4. 712 AC ':t/1~~7k~ •0·:f:O:~c N£T AREA • J.ill AC .sEYiE.R;_ QTY OF POWAY WATER: POWAY IIUNICJPN... WA 1lR DISJRK:T MAP 014360 :;•-···, '1/i,"iti1;:'fi2::::/ci-oo EXISTING ZONING RS. 4 (4' DU/ACRE); ltllN. LOT AMA -t0,000 SF WI. LOT MJ1H-'10' WIH. LOT DEPTH • 100' SIOC SB• 10' R€AR SB• 25' RlONT SB • 25" 1/i':r.~~!:': ~~IN roSU::~i:~,/~:;t,. "A;\UJW ':;AH°";;~~~ r::,r:.:~ n:r ~17:;"~~ ,gs 1H£ GA.RAG£ FOR SIDE ENTRY. DENSITY BONUS CALCULATIONS: GROSS DENSITY• 4.772 X 4 DU/AC • 11.09 DU NET DENSITY • .J.111 X ,f DU/AC -15.6A OU t \£RY LOW AFF0R0NJLE • 5.24S .U l(.A • 20% DENSITY INCRCASE (0.2 X CWOSS DENSITY) + (I X NET DCNSITY) -(0.2 X 11.0,) + 15.64 • 19.48 DU ROUHO UP>> 212..DJ.L l -~/li,,J,p·12y i, MAP~014~-j I ,rnn,r ~ ! I PROPOSED LOT SUMMARY. WIN. LOT ARE'A • 7,01 Z SF WAX. LOT A.REA • ti41J5 SF AIIH.. LOT MOTH • 60' WAX. LOT .0111 • t 74' lrllN. LOT DEPTH • IOI' WAX. LOT DEPTH • 119' RfOUC£D SIDE S8 • 5' REAR SB• 25' FRONT SB -25' 8UIL.DING HEPGHT • 2-STORY i i C, ~ I TlWH CABt.ES· U,. ,,----·\ c --···\c )\ \ .... ·· r-~ ~_:_;r;~,,,,~ ~:=:::::,/ tr 11 MAP 911:_76! /i (_j~7r,"'r,~~ ff[t_ .. J -~;,,()! ~ JO' .JO' 60' go• VICINITY t,iAP HOT TO SCALE ~~ S--:~:::"suRVE'tNG :::,--I ·-"= ~.s-• WY. =~~c;:921.?3 ~157Fax ~ 1 CITY OF POWAY I r-.""7 L.!__J o.port,n..,t of O.""~•"l s«WC:n ~ SITE DE"1l.G'MENTPI.AH F<ll MCKEE ORCHARD -------,E4 IENQ,ccR~~ I "~ l .._,. ... ,ER P.E. '"'· __,7 ··---·-· July 19, 2022, Item #4 -~lstiog Church Parking Lot J ........ ..) J Twin Peaks J Preliminary Site Plan/Landscape Plan WteKee Orchard Road [__ □~ n 1_ Notes: 1. Front and rear yard landscaping will be installed by individual homeowners 2. Developer will install street trees; individual homeowners will be given vouchers by developer for additional trees as required to mitigate the removal of existing trees I I Conceptual rendering only. Actual development to be per Project Development Plans. D North ~ Not to Scale ~ CORNERSTONE ~CO;\l~!liKITIF.S ~ HOWARD A1s,s~c1ATES 2/22/2022 July 19, 2022, Item #4 )> ~ ~ )> n :I: s: m z ~ m L(GAL QESCRIPTIQN· 1HAT PORTIOH OF 1H£ HOR1H HALF OF 1H£ NORTHCAST 0UART£R OF SECTION 12. TOWNSHIP 14 SOUTH, RANCE 2 M£ST. SAN 8£RNAROIHO BAS£ AND IEIWIAN, "' 7H£ arr OF POWAY, COUNTY OF SAN MCO, STA1E OF CALJHJRHIA. ACCORDING 1D UNITrn STA1£S GO'r£RHMEHT SlNf\£Y APPRO\£D SCP7DIBCR 11, 1a79, A>4D AS SHOWN ON RCCCRD OF SVR\EY MN' HO. 1844, Fl.LO IN 1HC OFFICE OF 1HE: COUNTY RCCORDCR OF SAJO COUNTY OCTOBCR 15, 1947. TENTAnYE TRACT I/AP 21-0003/CONCEPTI/Al GRADING PlANIDEYElOPIENT REYIEIY PlAN 21-()002 FOR, PR(PAR(Q BY ..L./-:'J ~ " • l ~-'~ ·. ~~>_··-· _J McKEE ORCHARD SBltO INC. .UIIO RtJF11H ~. st#T£ 120 SAN DICGO, CALIFORMA g212.J (853) 580-1141 ' .. ;r,:iil G(N(RAL NQT(S =:.L \r;N ::i=f;-! .· AP{~_;3~2-f~i * t i.\~~~ 1~!W2-72~0} APPLICANT/QWN£8 PRCSJD/0 CORH£RSTON£ 4.J65 CX£CU11\£ M\£, SU1£ e:oo SAN DIEGO, CA 92121 ~453-g700 1. TOTAL PRO.ECT ARCA: .f. 772 A~S. 2. EXJS11NG LOTS: 1 .J. CXJSTINC ZONIN(;: RCSIOCN"ffAL SINGI.£ FNML Y RS-4, IWTH AN •AFrORDABLC HOUSIHC 0\£RLAy" SUB.EC1 TO :1'...::,1 CON006MNIUAIS (RC) D£1£LOPIICHT f. TOTAL MMfJfR OF PflOPOSCD UHl1$ -20 SIHGL£ FNIILY RCSIOCHTIAL UNITS FOR SALE AS FUI..L Y DC'.£1.0PCD HOUSES AND LOTS ~ NET ARCA • ,J,1'1 AC. I. AU R£SIO£NDAL S11WC7l/11£S SHOMII All£ _ STOl!f£S (A/AX _ J, 7. REFUSE AND RCCYCUJG AM 1£RIAL STORAGC AR£AS AA£ PROIAOCD FOR •THIN THC ~ARAGC Of' CAOI UHIT (SC£ ARCHJTCcrs Pt.ANS FOR LOCl110H~ 4 S£0£R: aTY Of' POWAY WATER: POWAY MUNICIPAL WA 7tR DIS1RK:T 9. STORM'WA TC.R PRIORITY • PRIORITY. 10. PUBUC S1R££T UGHTS PROPOS£D • 2. '1. BUS STOPS ADMCCNT TO PROPCRTY • 0. f2. U71UTICS SHALL 8£ UH0£RGR0UND AND CASOEHTS PRO',,f0£D AS H£C£SSARY. 1'. UTIUTY LAYOUTS SHOWN ARE PffCl.JtllNARY ND .WAY 8£ IIODIF1CD DUR/HG F'IHAL DES/CH. 14. DETCH110H BASINS ANO B.U.P. 'S M'E' SHOttH FOR INFOlftlA 110H CN.. Y. AHAL SlZ£ AND LOCI 110H SHALL BC R£11£11£D ANO APPROVCD -STCRIAL. ,.,, GRADIHC SHALL BC IN COHFOlttlAHC£ MTH arr OF POWAY OROIIINICC. 16. flAT PADS SHOMN llltL 8£ GltADCD TO DRAIN AT Uf WINltltJtl. f.- ~~1~ ~-\\ ~~~." ~ ..... ~"-~~ APN /1U-96r>-09--00 JJAP OU~60 YNQSCA& ARCHITCCT IIO'ltAIID ANO ASSOCIA TCS, INC. 2442 SC COHO A \<£HU£ SAN DIEGO, CA. 9210& ("19) 716-9110 COHTACT: JOHN HOWARD ARCHITCCT STARCK ARaf1£C71JRE AND Pt.ANNING 1' 2045 K£TTNCR 80<,UVARO, SI/ITC 100 " SAN DICGO, CA. i2101 Q: (611) 2H-7070 ~ CONTACT: DAN IIUUEH 6 SHm: IND£X :il1£U...I& , 2-J 4-5 1-7 a g 10 IICia!1l!J1ai mu: SH££T/1(£Y .,,.,, IDITATI\£ PARCO. It/AP SIT£ Pl.AN CONCEPTUAL CRADIHC ANO £ROS/ON CONTROC. Pt.ANS SECT10N ANO DETAM.S HA TUR AL F£A TVRCS MAP SI.OP£ ANALYSIS 17. ALL Dtt£UJHCS SHALL HA~ MJTCIWA11C F1lf£ SPflffl«LERS P£R NFPA 1.JO. 18. PU8UC SllCIIC,4UCS AND RMIPS SHALL CONHJRM TO THC AM£RtCAN DISABIUTY ACT (ADA) R£QIJ/R£/ENTS. ==r.-=x=. J::='r= :9=z=J r:::::f le~-!._ .. , .. \ JI J,,-J,~ } '!F:.( :11 LIST Of ABBR(VJATIQNS 1~. HO Sl1Ef LA1l'RAL TIC-INS IN l,IANHOl.£ ALL TIC-INS OOJIINSJR£AJI ~ ltMNHOLE. AP~ ;,u{;~oq 20. S1RCET TR££S AR£ R£QUIR£D £\£RY 30' OF PRO.ECT FRONTAGE R£0U/R£0 • 1087'/JO' • Jl.2 TR££S PROV10£D • 4a TR££$ B(NCHMARK 4-Zt INGYQ z,> SCT 2• DIMIETElt MASS DISK STA.lftl> "POWAY A-21• IN TH£ TOI' Of' TH£ SOUTHCRl.Y CU'18 Of' 1W< P£AKS, AT TH£ CASTEltLY £ND Of' A CA7CH BASIN, +1/lO F'CCT 11£ST£"1.Y OF 1H£ C£HT£Rt.WE OF BUD'MN S1R£ET, APPROXJIJA 1£L Y 0.2 1111.CS £ASTCRL Y Of' IMOCAND RCMO. J~ ADJUS1£0 El.EVA11CW • ~4.417 F£CT t,:;f_!_sgtl'S PARC(L NUf,IBCR· TOPOGRAPHIC SURV(Y TOPOCIUPHC IHFORl,M TPOH SHO_, 1£RCON ,S BY PHOTOGRAMWCTRtC MCTHODS. PHOTOGRAMWC11fY PROMOf'D BY ACROTA,S. INC. 1H£ TOPOGRAPHY WAS COIJPl.£D fROII AERIAL PHOTOGRAPHY DA 1£0 OCTOBCR JO. 2020. l,IAPPING SCALC Of' 1• • 40' •TH 1 FOOT CONTOU/1 IITCRVALS. GRADING QUANTITl(S £XCAVATPOH • ~900 C. Y. F1U • 7000 C. Y. H£T MIPORT • 1100 C.Y. TOTAL CRADCD All£* U/11 AC. PUN COUNT Pt.AN 1 (I-STORY, J BCD), 4 Pt.AN 2 (2-STORY, 4 BCO): 5 Pt.AN J (2-SroRY, 5 BCO): 7 Pt.AN JX (2-STORY. 4 BCD): 4 TOTAL UMTS: 20 * LOT f .AFFORDABU HOUSING UNIT R(QU/Rrn PARKING· SINCL£ FAMJL Y UNITS: 20 1t 20 • 40 R£QUIR£0: 40 PROPQS(Q PARl<ING GARAGE~ 2 x 20 • 40 stM!FACC: 0 R(TAINING WALLS It/AX. H£Ki'HT • J':t LENGTH • 2,IJ1 tF. PRQJ{CT SW,QIARY,· EXISTING ZONING RS 4 (4 DU/ACRE): IIIN. LOT AR£A • 10,000 SF WW. LOT WOTH • 70' il/H, LOT DCPTH • 100' SVC SB• 10' RE'Nt S8 • 25' FRONT SB • 25' J7.0&UJO: FRONT Y.ARO SCJBACKS IN SUIJDl\!ISION 71fACT D£1£LOPIICNTS AIAY BC /l£DUC£D UI' ro 40 PUICCHT ON A 1,/AXJl,I/Jlr,I OF ONE-HALF OF THE UNITS HOll£\.£R NO SCJBACKS SHALL BE LESS THAN 16 FECT TO THC GARAGE Fal FRONT CHTRY AHO 15 F'CCT TO me G.MAGC F'OR SID£ CNTRY. Q(NSITY BONUS CALCUUTIONS• CROSS D£NSITY • 4.772 X 4 OU/AC • 19.0II OU NCT OCNSffY • .3.g,i X 4 DU/AC -1.5.IA DU ' \£RY LOW NTORDNJtE • 5.24:C 5:C KA -20:C DENSITY INCR£AS£ (0.2 X CROSS DENSITY) + (I X N£T DENSITY) • (0.2 X 19.0II) + 1~14 -11.-f& DU ROUND UP>> 2ll......QU. PRQPQS(D LOT SW,WARY· lrllN. LOT ARCA -7,012 SF IJAX. LOT ARCA • 1.J,435 sr ltllN. LOT l«)TH • IO' 1"AX. LOT MtOTH • 144' ltllN. LOT OCPTH • 11»' .wAX. LOT DCPTH • JH' RCOUCCD SID£ SB • 5' MAR SB• 25' FRCWTSB• 25' BUILDING HOGHT • 1-2 STCWlY DRAINAG( STUDY ;!;~'::,"":,~ ""ss:c,1£~~AGC S1VOY" DA 1£0: It/A Y g, 2021 WATCR QUALITY TCCHNfCAL .BEEDBI ~~~~A::. ~:J7:«:~ANAGE1"CNT Pl.AN" DATCt>: IIAY I, 2021 D£NSITY BONUS QEYCLOPM(NT t!A!tP~!&~ ai£.'ll!rfrJ~g~· WIHMMJM LOT ARCA OCCR£ASCD FROII 10,000 SF TO 7,000 SF FIR( NOT(S• 1. me APPROW:D WA 1£R SUPPt. Y FOR F1RC PROTfCTPON (F1RC HYDRANTS), CITHER 1£MPORARY OR P£Rt,UNEHT, SHAU. BC AL4DE AVAIUBt.E AS SOON AS COAl9US11BtE .IIA 1£RtAL ARRI\£$ ON S/7£. 2. THE APPRO't£D FIR£ APPARA1US ACCCSS FOR FIR£ PROT£C110H, £11HCR TfWPORARY OR PCRIIAHCNT SHALL BC It/ADC AVMABLE AS SOON AS C°"81.JSTl8LE .IMTE"RUL ARRt\£5 ON SIT£. J. AN APPffOi,n) WA1£R SUPPf.Y CAPABLE OF SUPPI.YWG 1HC R£QCJIR£D F1lfC FLOW OF 1500GPM FOR F1R£ PROT£C11CW SHALL 8£ PflOW)ED TO ALL PREWISCS UPON MffCH FACILJT1CS, BUILDINGS, OR POltTKJNS OF BUILDINGS MU. 8£ CONSTmJCTCD. A NEW WATER 1,/AIN AND FIR£ HYDRANT SHALL 8£ LOCA TE"D tM1HIH 100-F££T OF TH£ S7RUC7UR£ FOUOtlflNG AN APPROK'D RotJTE. A WATER ANALYSIS SHALL 8£. PERFORMED TO ESTABUSH TH£ AD£0UACY OF TH£ EXISTJNG WA T£R WAIN A.HD ALL NECESSARY S)'SJDI D£SIGN TO SCR',£ THE PRO.ECT. COSTS OF TH£ WATER NW. YSIS SHALL BC 1H£ RCSPONS8UTY OF THC APPUCANT. 4. f1R£ APPARA 1US A Cass ROADS SHALL HA\£ AN UHOBSTRUCT£D, MIPR()t,£() MOTH OF NOT LESS THAN 20 FE£T, EXCEPT SINGU-FAM/1...Y R£SIDCH11AL. DRl\£WA 'I'S SERIANG NO It/OR£ THAN JllO IMPRO\J£D PARCRS CONTltlNIHG DrrELJ.JHG UNITS SHAU. HA\£ A 1rNH11t1UM OF 1' F££T OI' UNOBSTRVCTEO IMPR0\£0 Ml)JH. IN It/OST CA5£S. 1HE arr or POWAY CONS11fUC110N STANDARDS FOR STRE:£15 (CHAP1£R 12.20 PtlC) KL BC It/OR£ R£STRIC111,£. 1H£ MOR£ R£STRJCnY£ STANDNfO SHALL APPi. Y. \£R11C.AL O\.£RH£AD CI..CARANCE SHALL 8£ A .IIIN/MAI OF IJ FffT I INCHES. FIR£ APPARATUS ACC£SS ROADS SHALL 8£ DCSIGNl,D MIO ltll!JNTNHE.D 10 SUPPORT THC »IPOSCD LOADS OF F1R£ APPARATUS NOT L£SS THAN 75,000 POUNDS UNLESS AUTHORIZ£D BY 1HC FNIJ AHO SHALL BC PROWJED WTH AN APPRO\£J PA\£D SLWFACE AS TO PR<MDC ALL-MCATHER DINVINC CAPABILl11£S. A PAYE"D DRJWIG SVRFAa" SHALL IKAN ASPHALT. CONCRCT£, OR PCR1tl£AIJL£ PA HNG SYST£.II. TH£ TURNING RADIUS OF A F1RC APP ARA TVS ACC£SS ROAD SHALL 8£ A 1"IHMN or 26 F££T AS WCASUR£D TO TH£ IHSIDC £/Xi£ OF Tl£ MIPR01,£1,1£NT IIIDTH OR AS APPROV£0 BY 1HC F1R£ CODC OFFICIAL. 5. THE GlfADICNT FOlt A FIR£ APPARA7US ACCESS ROADWAY SHALL NOT £XC££D 20 PCRCEHT. GRADES £XCCEDING 15 PCRCEHT (INCUN£ OR :;r:b,5:J,~ ~~AR~ rfrc'1:icc~CR%N,1;.c,2_ OR EOUIV.ALENT, TO CHIUHCC 1RAC110H. GRADES £XCE£DIHG 10 PCRCCNT SHAU. BE COHS11ftJCTED OF ASPHALT OR PCC. P£RMCABL£ PA',£R Sl'STrWS SHALL HOT 8£ USED FOR GRADCS £XCC£DING 10 P£RCCNT. TH£ FIR£ COO£ OFFIOAL t,,IAY REQUIRE ADDl"OONAL wmGA 110N MEASURES MHERC HC OR SHC D£CWS N'PffOPRtA 1£. I. TH£ ANGI.£ Of' 0£PARTUR£ ANO TH£ AHGt£ Of' APPROAOI Of' A FIii£ ~~i~w:: ::kALt,,:f'JJf!E:h~\£H DCGRCCS (12 PClfCEHT) OR 7. ALL D£AD-£ND FIii£ ACC£SS ROADS IN excess Of' 1/lO F'CCT IN L£HGTH SHALL 8£ PROYIOCD lllfTH APPR0\£0 l'ROYIS10HS 1HAT ALLOW CltlERGCNCY APPARATUS TO 11JRH AROl..N). A CUL-DE-SAC SHALL 8£ PROW>fD IN R£SIOCNnAL AREAS 'M-IER£ 1H£ ACC£SS ROADWAY SER\£S It/ORE: THAN 1lk) S11fUCTUR£S. THE WIINl,,fW, UNOBS1RUC1£D PAK'D RADIUS liWOTH FOR A CUL-DC-SAC SHALL 8£ 38 F££T IN RCS10£N11.AL ARCAS. T ·· :: ·· T ,.. ~ , •. EXIST. R/11' ~· !""I 10' ,O' 120' fl!O' flR( NQTCS (CONT >· & ALL G.A T£S OR OTHCR ST1WC1UR£S OR DCWC£S THAT COU.O OBSTRUCT FIR£ ACC£SS ROADWAYS OR OTH£RMS£ HINDER C.IICRGEHCY OPCRA TIONS ARE PROH/BIT£D UNUSS THCY ltlCET THC STANDARDS APPR01,£D BY 7H£ FIRE COD£ OFF1aAL AND R£C£I\£ SPCOFJC PLAN APPROVN... ALL AUTOIIA 11C GA T£$ ACROSS F1R£ ACC£SS ROAD WA rs AND DRl~WA YS SHALL BC £0UPP£D IMTH APPRO't,£0, DKRCCHCY, KCY-OP£1U 1£D S'fMTCHES O\.£RRtOIHC ALL COINANO FVHCDONS ANO OPO<INC TH£ ~TC(S). ~TCS ACC£SSIHG A/OR£ »MN FOUR RCSIDENCCS OR RCSIDENTIAL LOTS, OR GA 1£S ACCCSSIHG HAZARDOUS INSnTUllONAL. £DUCA TPONAL OR ASSEM8t. Y OCCUPANCY GROUP STRUCTURCS SHALL ALSO BE [QUIPP£D tMTH APPROl,£D OIERCCNCY TRAFFIC CONTR0t.-AC11VA 11HG ST1't08£ UGHT SCNSOR{S), OR OTHCR 0£'-"CCS APPRO\/£D BY TH£ FRC COO£ OFFJCIAL. N-NCH tlflU. ACTIVA 1£ TH£ GA T£ ON THC APPROACH OF C.IIERGCNCY APP/JU TUS 1111H A BA TT£RY BACKUP ORIJNIUAL-.11£CI-IAMCAL. DISCONNECT IN CASE' OF PO,E.R FMJJRC. IN THC £\.£NT OF A POtt£R FAJL.URE, TH£ GATE SHALL 8£ AUTOWATICALLY T1tANSfflfRCD TO A FAIL-SAFE 1,1()()£ ALLOIMNC THC G-41£ TO 8£ .IIANUAU.Y PU9-£D OP£H WTHOUT 7HC US£ OF P£CIAL KHO'M..COO£ OR £0tM'IIC.NT. ALL AUTOIIATIC GATFS WST 11££1 f1R£ OCPARTMCHT POUCIES DCDIED NECESSARY BY 1HC FIR£ COOC OFFICIAL FOR RAP{). RCUABLC ACCCSS. I. APPRO\.£D HUW8£RS AHD/(R ADDR£SSES SHALL BC PU.CED ON ALL NOi ANO £X1S7JNC BUH.D#iGS AND AT APPROPRtA TE N>DITIONAL LOCATIONS AS TO 8£ PLAJNLY YISIBLC AND LEQBI..£ FROltl TH£ S71f£CT OR ROADWAY FROH11HG TH£ PROP£RTY FR<»I £1TH£R DIR£CDON Of' APPROAOI. NUIIBCR SHALL CON11fAST •rn THCIR BACKGROUND AND SHALL IJC£T aTY OF POWAY STANDARDS. n£ ADDRfSS IS R£QUIR£0 AT THC PRIVAT£ DRl\.£WAY ENTRANCE. 10. A RCSIOCN11AL Fft SPflftHKLER S't'S7DI •TH A ONC-IHCH WA1£R 1,1£TCR KL 8£ R£0UIRCD FOR £ACH R£SIDCH11AL S77WC1UR£. TA ONE-IHCH LAJDUL OFT TH£ S71fCET MNN IS CURREH7LY HOT PR£S£NT, ON£ MILL HA\.£ TO 8£ INSTALLED. IF A PRCSSURC PUltlP IS R£QIJIKD F<Yl FIRE SPRH<LER 0P£RA110N, AUXIJARY POWER IS R£QUWED. A SEPARAT£ Pt.AN SUBlllTTAL JS RCOUIRCD FOR CAa-1 LOT PR£PARCD BY A UCENSCD SPRINKLER CON71fACTOR OR F1RC PROTECTION EHCIN££R. APPROVAL. BY 1H£. P'OWA Y F1R£ 0£PARTJi1£HT, DIYISaON OF FIRE PRC\£NT10H IS R£QtNRED FOR 1H£ RCSJDEHTIAL SPR#NKL£R Sl'S1£.W PRIOR TO INSTALJ..ATION. THERE IS A SCF'ARA1£ FIT FOR EACH THC Pt.AN CHCCK AND TH£ INSPCCDON S£Rl<C£S Of' £AOI LOT. 11. SAICM£ DCTCCTORS SHA.LL BE INSTAUED IN ALL BCDROl»rlS AND ADJOIHINC HAUWAYS. n£ SilOI<£ DCTCCTORS SHAU 8£ HARD-MIRED, MITH A EMTT£RY BACKUP, ANO SHALL 8£ MIR£'D IN SU0-1 A lt/ANNCR »MT IF ONE DCTECTOR ACTIVA 1£5. ALL DC1l'CTORS ACTIVATE. 12. CARflON IIONOXJOC D£1£CTORS SHALL 8£ IHSTALL£D IN HAU.WAYS AO.XJINIHG BCDROOMS. TH£ CARBON WOHOXJOC DCT£CTORS SHALL 8£ HARD-.CO, MITH A BATT£RY BACKUP, ANO SHALL BC MED IN SUCH A lt/ANNCR THAT IF OHE DETECTOR ACTIVATES. ALL DETECTORS AC11VA TE", 7J. CACH CHIWNCY /JSCD 1H CON,AJHCT>ON IWJH ANY FIRCPt..ACC SHALL 11£ £0UIPP£D MITH NI APPRO't£D SPARK ARRCST£R. 54' ~· r £XIST. R,/11' £XIST. EXISTING El.CV. EL£VA 110N R/VI RIGHT-OF-WAY (TYP.) rrPICAL £.C. £XIST1NG GRADE F.G. F1NISHCD GRMJC T.C. TOP OF CURB F.F. FJNtSHED Fl.DOR l now LJNC £ CCHT£/ILJN£ f PROP£RTY LIN£ -· ,.._,., 8.0. BLOW OFF AR. V. NR RCLCASC VAL\£ S.G. SUBCIUDC ll.£VA110N AC. ACRCS S.F. SOUAR£ FEIT F.S. FIMSHED SURFACES BTTII. BOTTCM H.B.C. HORIZONTAL 8£.QN CUR\£ H.£.C. HORIZONTAL END CVR\.£ P.A. PIJ,N1£R AR£A T.W. TOP OF WALL 8.1«. IJOTTCM OF WALL I.£. IN\.£RT ll.£VATJON RMI RMI ELEVATION P.P. POM£R POL£ T.P. TOP OF P1P£ £$MT. CASEMENT ! **llDIE ALL 11fC£S tlflJHIIH 5' OF A SVEWALK OR DRl\£WA Y llfU. R£QtllRC A ROOT BARRER. .J.mEJJD PRo..ECT IKJUHDA/tY STRCCT CCHT£RUNC T'tP£ 'G' CURB ANO GUTTFR £ASEMENT LJHE P.C.C. _.- DIR£CTKJN OF DR.NNA<iE SI.OK (2: I A/AX., U.H.0.) :::::Y:::!:::::Y:~C ---------RCTAINIHG WALL tMJH 5' \fH)t F£HC£ ON BACK OF WALL LOT/IJN(T HW8£/I .J ~-«R :@ PLAN NUll8£R 2 C CLMTION (R•R£>£RS£) PROPOSED UNIT AND PRIVATE r-J DRl\.£WAY w PROPOSED CONTOUR ----!JSl!}-- PROPOSED STR££T LIGHT P£R Ot.D POWAY STR££T LIGHT DETAJL PROPOSCO WAT£R WJH PUBUC t• NM7lll SDMCf LA1£RAl Mf'1H J/4" lt/CTC!f THRUST 81.0CK PROPOSED GAi£ VAi.Yr PffOPOSED F1RC HYDRANT PROPOSEDS£11£RAINN o-¢- .. ~ -PROl'OSCD S£ll£R IJANIIOI.E PROPOSED S£ll£R CLE:loNOUT PUBLIC 4• SllllEt tA1lJW. lrTH CWo/1()(/T -•---0- AC. PAVEMENT" MID 86£ MMTCR OUAUTY TR£ES P£R ffi INF1L.11U110N TRENCH PUt Ei1 £XISTING L£G(ND CXIS71NC STORl,f DRAIN PIP£ DOSTIHGn,:,f"'"A-4"ct..CANOUT CXIST1HG TYPE 1J-1" CUR8 INLCT CXISTIHG COHTO<AI £XISTING CURii ANO GUTTCR CXISTINCSTRIPING £XIS11HG SEWER II/INN AND "1W#KJL.£ EXISTING WATER ltlAJN £XIS11NG Ra:LAMICD WA1£R WAIN £XIST1NG fll'4 Fl.OOOWAY CXtsnHG FEM4 Fl.ODD PUJN CXISTINC RUNNIHC 1MLL CXISTING FIR£ HYORNfl DI/STING A/ASl!HR'I' '"4U. CXtsT1NGSTltffTU6HT EXISTING MOOO F£HCC TO 8£ R£Pt.ACED M1H MNn. i==i 0 ~ D ~ --r""'-----:JPOWAY VICINITY MAP IIOT TO SCAL£ WOIO NUMBER: ___ _ CITY or POWAY ..URMP PRIORITY: __ DR NUMBER: __ VALLEY RO. ~ 1 CITY OF POWAY I ['"""97 L__!__J D-f>O(lm1r1t ot Oevelapment S..r'WCH ~ TITLE SHEET FOR: GffOSS /4REA • 4. 772 AC R.O.W. 0£DICA11CW • 0.152 AC. NEW PUBI.IC S77KCT • 0. 70t AC HCT ARE'A -3.g,r AC P,C.C. Mt~WAY ~1015:f.lMX (TYP.) I 1 • 4.5'CXIST. 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' .• _,APN '514-192-62-00 , ,.:l l'RD.ECT "'I .. f.... el I I •!JU ~ ~LT i" II II',,,,;;~ ··,11 ' I· ~I· i ,._ f • ili - I""'! 20· 11:1 ,Clj \ /~)l:~t~:_: ! \ (_ .. ''-.,_/ f7TTTTl,,,.:rr7 1 1• / ... /~, ', ,~r ~t~~::SG ~ ! ±(560.8) S.G. > .-y/s~(;i _s:~ -._ rku-20· ft' ·11 ~G~~QN~ 3990 Ruffin Road, Suiee 120 San Diego, Ca. 82123 B5B-660-11 41 CIUPHIC SCALE 20' 60' B5B-580-01 57 Fax CXXXJO.= (ASO,CNT NOT£$ 0 £ASCMEHT /JOO( MJ, PAC£ 2H: RIGHT-OF WAY. ~ £ASEMCNT BOOK .f'JJJ, PAGE 473: PUBt.lC \V UT1UTY PURPOSCS. 0 EAS£MEHT NO. 7'4-2Ja251: PIP£L.1'£. 0 RCVOCA81.£ LJCEP,IS£ HO. 8.5-09&518: EQUESTRtAN/P£0£STRtAN. © £AS£1i1£HT NO. M-0&4430: PUBUC U11.1TY PURP05£S © EASCIEHT NO. M-074$45: PUBUC UTl.lTY PURPOS£S. 0 !=~~ rc--J: =AY ANO © £.ASCIICNT NO. 2002-0IJ02964: PUBLIC UTIUTY PURP05£S. ® PROPOSED 21' R/W D£1)1CA110N, @ PROPOSED 20' PUBUC WA~ CASEAICHT. @ EXIST. 100 PCR IIAP 14.J&O. CONSTRUCTION NOT£$ 0 ALL EXIST. 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M-07-H4$: PU8UC UTlJTY 0 ~~~~/~~ ~t= =AY MO U11UTICS. 0 EASEMENT HO. 2002-0IN}2H4: PUBUC U71.ITY PURPOSES. 0 PROPOSED 21' R/W DEOfCATJOH. ® PROPOSED 20' PUIIUC 1M ~ EA.SEWCHT. ~ J()' ~.4L.£:t·-.JO' GRAPHIC SCALC J()' IO' go• NATURAL FEATURES MAP FOR: SB&D~ I Coif~•~ c-d~~~:~,.-~~CHARD PLANNING ENGINEERING SURVEYIN~ I c,., '"'"'"' I 3990 Ruffin Aoed, Suite 120 San Diego, Ca. 92123 TH""AS R. FRANK P.C. 49070 I B50-560-11 41 I '"'""" ol •~• 85B-5800157Fax Checked By cx:x:ro.oo-"'"",~SCHRococ, ,.c.c,ou,I ID<-•"•· I I July 19, 2022, Item #4 • RECOR0iNG<REQUESTE0 BY~ -CITY.· OF··:PQVVAY AND WHEN RECORDED. MAiL j6; €1TY'CLERK crrf oi=j:>owA v P~Q,'. -~,0.,)5.J~~ no~# 2002--02n997· APR. 02·, 200. 2 1Q .. :·44 ITTICifl RBffl6 · i sAttDIEGlHllfflY RamOrn 10F-F1CE 'GRE(D<f t SMITH; icnmv mnoor ms: ··· too :AM (a 'Nt>•tr~n:f::~: 92074 ~f, APN31~192,38: 39&69 . Ill I Ill I II Ill llllllff U 2002-0272997' '.I (Thlsrspace·for:iRecorder's Use) (y;· f'l p ·NO DOCVM.ENTTRANSFER TAX, N0 FEE DECLARATION AND··N0TICE:0F .F.UTURE ., . -PUBEIC STREET:EitENSION {HOLL Y"OA',(WAY.Y° , •' -W~, the :undersigned.;ovJnersI:ofthe ,i;>toperty descri~q ~-~ A.PN .314-192-38~-, 39. & ®, shown-.on1 Exhibit "A": attached hereto, ofwhieh· is; subject to a p~opos~d 1.4~Iot subdlyi~iqn 9f Te.rW:diy~1 Tt~~tM.Eip:No; 90-PJR, ·approved by1.the City Council of'the City;ofPoway per~Resolutio·n N9; P~ ~o·QrfQC!q_ber7~, ~opqj:, hereqy:1q~.~re.a.nd serv, no.!i~Jto,f~ure buyers or oVJners ofllots 1 thru t~~, inclusive, their successors::afid,a~s!gns th~t t-folly,0a~-Way. a ~.rtain pubUc streef to-;be, created·within',the-subdivision, 1may'be, at aJuture date,.,extended•hortherly·to·Tw.;n Pea~s~R9ad~ · · ··es·~E-. Kehf · stee~~Jam~s E. Kent & KatJ,fyf:1-E. Kent ~ 998:T.rust dat~d··1·2~3-98 106 of 132 J3ion). M __ _rphy Trustee; Bicm J. Murph ; Jr-·&· arbara-L Murphy-Family Trust:dated1~2Ms . ATTACHMENT F I July 19, 2022, Item #4 August 17, 2021 Jack Robson Cornerstone Communities 4365 Executive Dr San Diego, CA 92121 I■ ■11nter~ecting ~-" Metrics Regarding: McKee Orchard-Twin Peaks Road Driveway-Sight Distance Study Dear Mr. Robson, The purpose of this letter is to document the sight distance assessment that was performed for the proposed Mckee Orchard development (Proposed Project), to determine if the Proposed Project could provide its main access point via a driveway on Twin Peaks Road. 1.0 Proposed Project The Proposed Project is located at 13667 Twin Peak Road in Poway, CA, as displayed in Figure 1. The Proposed Project will construct approximately 20 new single family homes on a vacant 4.8 acre lot. There is currently an easement for the Proposed Project site to take access via an extension of Holly Oak Way, which is located at the southern end of the property. However, since the Proposed Project fronts Twin Peaks Road, it was requested that an assessment be performed to evaluate the feasibility of the Proposed Project taking access via Twin Peaks Road. Due to the speed of the roadway, the horizonal curves located to the west of the property, and mature street trees that line the southern side of the roadway, the City of Poway requested that a sight distance assessment be performed at the potential driveway location along Twin Peaks Road. 2.0 Existing Setting Twin Peaks Road along the Proposed Project frontage is a four-lane roadway with a continuous two-way left-turn lane. Twin Peaks Road has a posted speed limit of 45 mph. Five foot wide sidewalks as well as five foot wide Class II Bike Lanes are provided on both sides of the roadway. A Class I Multi-Use Pathway, lined with mature street trees, is located on the southside of the roadway. To be conservative the design speed of Twin Peaks Road is assumed to be 5 mph over the posted speed limit. Therefore, the design speed along Twin Peaks Road used for the sight distance assessment was 50 mph. 3.0 Methodology Both corner and stopping sight distance assessments were performed for a potential Proposed Project driveway on Twin Peaks Road. The methods and thresholds outlined in the Caltrans Highway Design Manual (HDM) were utilized to perform both assessments. 107 of 132 www.lntersectingMetrics.com PO Box 1956, La Mesa, CA 91944 ATTACHMENT G July 19, 2022, Item #4 Norwalk St N 0 0.03 0.05 l■•i ,_.111 If I~ McKee Orchard I ntersecti~ of 132 s: 0.. ru :::; 0.. Outlook Rd Holly Oa\Z \/"Ja'f 0.1 Miles Twin Peaks Rd OJ 0.. ~ :::; r :::; Sources: Esri, Airbus OS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, lntem1ap and the GIS user community, Esri Community Maps Contributors, City of Poway, SanGIS, BuildingFootprintUSA, Esri, HERE, Garmin, SafeGraph, INCREMENT P, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA Figure 1 Proposed Project Location July 19, 2022, Item #4 Corner Sight Distance Section 405.1 of the HDM outlines the requirements for a corner sight distance assessments at intersections. As per the section: In determining corner sight distance, a setback distance for the vehicle waiting on the minor road must be assumed as measured from the edge of traveled way of the major road. Setback for the driver of the vehicle on the minor road should be a minimum of 10 feet plus the shoulder width of the major road but not less than 15 feet. Line of sight for corner sight distance for passenger cars is to be determined from a 3 and 1 /2-foot height at the location of the driver of the vehicle in the center of the minor road lane to a 3 and 1 /2-foot object height in the center of the approaching outside lane of the major road. This provides for reciprocal sight by both vehicles. The passenger car driver's eye height should be applied to all minor roads. The minimum corner sight distance (feet) should be determined by the equation: 1.47VmTg, where Vm is the design speed (mph) of the major road and Tg is the time gap (seconds) for the minor road vehicle to enter the major road. The values given in Table 405.1 A (See Attachment 1) should be used to determine T g based on the design vehicle, the type of maneuver, and whether the stopped vehicle's rear wheels are on an upgrade exceeding 3 percent. Based on the methodology outlined in the HDM, the minimum required corner sight distance along Twin Peaks Road is as follows: Left Turn: Design Speed (Vm) = 50 mph Time Gap (g) = 7.5 Sec (See Attachment 1) Corner Sight Distance Requirement= 1.47 x 50 x 7 .5 = 551 rounded to 555 feet Right Turn: Design Speed (Vm) = 50 mph Time Gap (g) = 6.5 Sec (See Attachment 1) Corner Sight Distance Requirement= 1.47 x 50 x 6.5 = 478 rounded to 480 feet Stopping Sight Distance Section 201.3 of the HDM outlines the requirements for stopping sight distance along a roadway. As per the section: The minimum stopping sight distance is the distance required by the user, traveling at a given speed, to bring the vehicle or bicycle to a stop after an object ½-foot high on the road becomes visible. Stopping sight distance for motorists is measured from the driver's eyes, which are assumed to be 3 ½ feet above the pavement surface, to an object ½-foot high on the road. Minimum stopping sight distance requirements are based on roadway design speeds and are outlined in Table 201.1 of the HDM (See Attachment 2). As noted in the table, the minimum stopping sight distance requirement for a roadway with a design speed of 50 mph is 430 feet. Page 3 109 of 132 July 19, 2022, Item #4 4.0 Sight Distance Analysis -Twin Peaks Road Access Using the methodologies outlined in Section 3.0 a field review was conducted to measure both the corner and stopping sight distances at the Proposed Project driveway location along Twin Peaks Road. Table 1 displays the results of the corner sight distance analysis. Photos of the measurements being conducted in the field are provided in Attachment 3. T bl 1 C s· ht D"st • Pt flT. P kR dD" Minimum Sight Distance Observed Sight Does it Meet the Direction Re uirement (Feet) Distance (Feet) Re uirement? Left-Turn (Looking West) 555 107 No Right-Turn (Looking East) 480 5'12 Yes As shown in the table, the observed left-turn corner sight distance falls well below the standards outlined in the HDM. As shown in Attachment 3, this is due to the mature street trees that line the southern side of Twin Peaks Road. To determi.ie if the driveway location would meet minimum sight distance requirement should the trees be removed, a second measurement was conducted from in front of the tree line. Table 2 displays the results of these measurements. Table 2: Corner Si ht Distance -Potential Twin Peaks Road Drivewa -In Front ofthe Tree Line As shown, the horizontal curve in the roadway to the east of the Proposed Project site still limits the sight distance at the potential Proposed Project driveway to below the minimum sight distance requirements outlined in the HDM. Table 3 displays the results of the stopping sight distance analysis. T bl 3 St •• • s· ht D"st • A • • h. th P t f I T . P k R d D . • Minimum Sight Distance Requirement Observed Sight Does it Meet the A roachin Traffic (Feet) Distance (Feet) Re uirement? Eastbound 430 132 No Westbound 430 512 Yes As shown, the stopping sight distance for approaching eastbound traffic is well below the requirements outlined in the HDM. Similar to the corner sight distance, this is due to the mature street trees that line the southern side of the roadway. Once again, a second measurement was conducted from in front of the tree line. Table 4 displays the results of these measurements. Page 4 110 of 132 July 19, 2022, Item #4 Table 4: Stopping Sight Distance -Approaching the Potential Twin Peaks Road Driveway -In Front of the Tree Line As shown, with the removal of the street trees, the Proposed Project would still not meet the minimum stopping sight distance requirements outlined in the HDM. Similar to the corner sight distance, this is due to the horizontal curve in Twin Peaks Road located to the west of the project site. 5.0 Conclusions As shown in previously in Tables 1 and 3, a Proposed Project driveway on Twin Peaks Road is not feasible due to sight distance limitations. Even with the removal of the mature street trees along the south side of the roadway, a Propose Project driveway along Twin Peaks Road would still not meet the minimum corner or stopping sight distance requirements, due to the horizontal curves in the roadway to the west of the property. Therefore, it is recommended that the Proposed Project take access via an extension of Holly Oak Way via the existing easement. Sincerely Stephen Cook, TE Registered Traffic Engineer, CA TR:2528 111 of 132 Page 5 July 19, 2022, Item #4 ~~:. Attachment 1 -Table 405.1A of the Caltrans Highway Design Manual Figure 405.1 Corner Si'ght Distance (b) b <: r Sight r,i n eci:sion Point Table 405.1A j 0 IX -~ ~ M ·orfl d _J b · Cit rS' t, iri ri,;;! eci.SK'lnPoint Corner Sight Distance· Time Gap (T g) for Unsignalized Intersections Design Vehicle Passenge-r Car Prlval.e Road I nte ectlon Rural Driveway Single-Unit Truck Public Road l1ntersection Combination Truck. MaJor and Mmor Roads oo Routes: ational Network emiinal or Service Acvess California Legal K RA Advisory Left-turn from Stop (s)14> Right:«tum from Stop and Crossing Maneuver (s) 1½ 6½ 8½ 10% otes: Time gaps are or a stopped vehicie to turn fl, fight or cross a two-lane highway with no med"·n an with minor road g ade:s of 3 percent or less. The table 1alues should be adjusted as Follows: < lfor mu tilane highways-When crossmg o m ing a left-turn or lo a two-way major road w11h more lhan two lanes. ad 0 . .5 s fo passenger cars or 0 .. 7 s for true s for each ad itlonal lane to be crossed. Me .an wi lhs should be converted to an equivalent number or lanes 1n appl ing the 0.5 sand 0. 7 s criteria. or example. an 8-fool ~i.de median is equivalent lo 1.5 lanes: this requires an additional 0. 75 s for a passenger car lo cross or an additional 1.05 s for a true o cross. <2lfor minor mad approach g ades-1.f the minor road approach grade 1s an upgrade hat exceeds 3 perc land the rear wheels of e esign ve icle are on e rade exceed ng 3 pe cent add 0.2 s for each percent grade frx left-turns and crossing ma euvers: er add 0.1 s for each perce l grade for nghMurns. For example. a passenger car Is I.urning nghl from a minor mad and at the stop loca on Is rear wheels are on a percent upgrade· lhis requ res an a dilional 0.4 s for the right.tu n. P:iunique s,tuattons ma ; necessitate a differnnl design vehicle far a parhcular minor road lhan those listed here (e.g., pre omina.nt combinaton true soul of a rural dnveway) ... Add1bonally, for intersections al ske,•,ed angles less lhan 60 degrees, a further adjustment is needed. See the AASHTO ~A Policy on Geometric Design of Highways a d Streets" for guidance. ( tr, e gap for vehicles approaching from the lefl can e e same as the right-tur from slop maneuver. 112 of 132 July 19, 2022, Item #4 1•■ ~111 lfl Attachment 2 -Table 201.1 of the Caltrans Highway Design Manual Tab e 201.1 Sight ista.nce Standa.rds 1 (2) Design Speed Stopping mph) (ft) 10 50 15 100 20 125 25 150 30 200 35 250 40 300 45 360 50 430 55 500 60 580 65 660 70 750 75 840 80 930 ot,es,: c1 )See opic 101 for selectio of design sp ed. Passing (ft) 800 950 1i 100 11,300 111500 1.650 1800 1v95Q 2~100 2i300 2,,500 2,600 2JOO (2) or sus ained dow grades re·er o under11ined srandar•· in In ex 20 .3 113 of 132 July 19, 2022, Item #4 1■■ ~-111 Attachment 3 -Field Work Photos Left -Comer Sight Distance Right -Comer Sight Distance 114 of 132 July 19, 2022, Item #4 Eastbound -Stopping Sight Distance Westbound -Stopping Sight Distance 115 of 132 July 19, 2022, Item #4 Left -Croner Sight Distance -In Front of Tree Line Eastbound -Stopping Sight Distance -In Front of Tree Line 116 of 132 July 19, 2022, Item #4 -' -' ...... 0 -ti -' w "' )> -4 -4 )> n :::t s: m z -4 :::t ST~~:K Archltectur• + Plannlng =,j ' ---------T---------------1' --------------T ----------' L.c= I I I I I I I . I I I I I I I L _______ -------~ f---) 1- l ~-~t , -,, ---,, ----, ,-----n , -;1,--, {--'#=========~ ROOF PLAN 2045 Kettner Boulevard Suite 100 San Diego California 92101 619 299 7070 I www .starckap . 8 B.Q.~~H ,\~~ ~ ◊ [f:R TRM. 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SAN DIEGO. CA 02121 e58.458.9700 EL~Yf.'.;.~NS Architecture + Plannlng 6 1 9 2 9 9 7 0 7 0 W w w s t a r c k a p c o m 2020005P12.0W'., ISSUE DATE: 8120/21 July 19, 2022, Item #4 -N 0 0 -ti -w N [_,}-, [i~}-...," i,:.-~'-1i;.0~~ liJ · '- LEFT SIDE ELEVATION RIGHT SIDE ELEVATION COLOR SCHEME 3 ~.)~;-~ ---------fil /-~1/__::~~~ ~----/,,, / ------------/ /" ~-, __ ~ ~------~ -~-r;-; ~/ /~~-~~ ....-·-!.'J FRONT ELEVATION REAR ELEVATION i TYPICAL BUILDING MATERIALS ~ 4,, .... 1:.•,:,;:·-,:ArJB!IC>.G~C.J','><.•·ttM, ... c,t_, ; .. 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CA 92121 &58.◄58.9700 EL~YfJ.~NS A r c h I t • c t u r • + P I • n n I n o 6 1 9 2 9 9 7 0 7 0 I W W W s t a r C k a p c o m 2020005P22.D\I\G ISSUE DATE: 8/20121 July 19, 2022, Item #4 ...a. N ~ 0 ..... ...a. w N :.:-.:7··-j ,---,. j f ···1 ,---,. ~---: : f·-----1 : : l· :1 : ~·i :/: _ :-~ L~J. .. ~---~.,J,_1 LEFT SIDE ELEVATION RIGHT SIDE ELEVATION COLOR SCHEME 3 ;J -f-1 .i;;J.'t 1 ;1,! lD [•}· r,:;; ... e3-·· ······:··.···.41!· ·.; ~ -~,~- , J FRONT ELEVATION )Iuutt.t]mtt]jJlillu~~u.fill ---....1..1..-U~~ ___ ,\-r..-. .,--...-,,-'T ........... ,... ..• a,sr •i • ..,.•• .,_.,. .•• .,..,,.. •~·"'1 j .. , ............ , ... , •• •••· ~-• ---·· li[Il]• · · ii ]EI ;4• ···x--···· ii .li ~[~~-·-· REAR ELEVATION TYPICAL BUILDING MATERIALS [J ~(";..,...-..,<-s,-r,r.>,t""'"PM,.<>;1. C ··•--r:::; .. ,· • .,,.,.,".-« [i:J ;~~~-~~1,:;t'~~;;...,.4(:.o';t:r,,,v,a tAAH, [?:! .... 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N i.o 0 -ti ...II. w N E;.;~ :·· ~A,111R, :;;~ h .. ~{ ~--- LEFT SIDE ELEVATION RIGHT SIDE ELEVATION COLOR SCHEME 2 S T-\~:K A rchit ect ure + Pla nn l ng FRONT ELEVATION ~~..:§. ~~t"· 1 ----i-- 1 '); 204 5 K e t t n er Bouleva rd Su it e 100 S an Dieg o Calif orni a 92 101 6 19 2 9 9 70 70 I www s ta r cka p com ··••-rr''IIIl'"''::-,••;••,-•~Nca ····:1 •• : : I ~ • : : ii I , ,,J,l.,,, L-!~m· ... ,•, REAR ELEVATION MCKEE ORCHARD APPLICANT: CORNERSTONE COMMUNITIES, •365 EXECUTIVE DR SUITE 600, SAN DIEGO, CA 92121 858 .• 58.9700 2020005P3U>ll'>G TYPICAL BUILDING MATERIALS : 011.0.-,;,1;:,vr,.,,-v.:, rr/,.;,•·!t. .u.--:c1'!.t't,·.,i; ,w,· .. ~~;_.; ,-A!,."l!Jt ... 1.-'t'tA,,~y ··1 flolUf~,--V..0 · l /ff,(v" ;_j.'J f'j./.'!,'1(:1'(.>0/li' L~J ,.,-fy ,;-<,11-:t..r.u c·:: 'F,IIY!,Nlo/r?Y.'";~·r.,1.,.i,w (.~•!'< ::; _Ls. • ,,.,,,.y,~·sr.- ~.:·x; Y re--Y(J.,t~Orl T~- i·:~~ ('"0,/\. ;.:.: :·:·:_·; ~-/,,r;,rll.-t'_.,Lf -'"'~C-/<'.f...,_ ::~~ .: ... ~-•.w.' ~ ~:~::~ _~·-:-V2:.:~7-~--·~--~ c:1 ;;;11"'4,:,•t,,./Nf;'l'l.'"~l'l-•ff,«{ :·=-::: -~1'µ_,.V r·t,;,f /:.,._, ~.::.·,: :?C ,Y"!A."'".':'. .. ..t,-.'l,:;J,- ff!.1 r.o<A~~,,...,,,."'4.,--. .. u ... , •. ,v,..,t_- ~-:.·:'; ,,-,·,·::~.,f"t,t•,:,~-ZJ ··•··-··· C-<(.l<!,,/",''t. _, ... (~-~ ,;,;..rt;.;r,-:·t:.tt-;.oHJ;<,,:n...r.,;·n:,,;,.Oflji '.::3 ,c....-~"'•·~,.,:"",:-..._:r·t11::t·.+ ;+ ~~~ n, .. ;,,.. -.ct, li4 :wt -.,.,. ,,.., 1,,,-,.,,_ __ Jr> · lf,(,,, ;c:,.-... ,~ ... ,.,. 3X CRAFTSMAN 1 15 OF 16 PLAN 3X ELEVATIONS 3/16•,-1·-0" ISSUE DATE: 8120/21 July 19, 2022, Item #4 PROPOSED AFFORDABLE HOUSING PLAN DENSITY BONUS COMPLIANCE FOR CITY OF POWAY 130 of 132 McKEE ORCHARD 13667 TWIN PEAKS ROAD POWAY, CA 92064 March 22, 2022 ATTACHMENT I July 19, 2022, Item #4 Project Background: The property owner, Cornerstone Communities (proponent) is proposing to develop the McKee Orchard site at 13667 Twin Peaks Road as an extension of Holly Oak Way with 20 single family residences. The project is within the Old Poway Specific Plan (OPSP). The 4.77 acre site is located on the south side of Twin Peaks Road between the Midland Road and Budwin Lane intersections. The project was presented at the April 6, 2021, pre-development conference (PDC 21-001 ). ■ Project Summary o Gross Area -4.77 AC o R.O.W. Dedication -0.152 AC o New Public Street -0.709 AC o Net Area -3.911 AC ■ Zoning: RS-4 The current RS-4 residential single-family zone is intended as an area for single-family residential development on minimum lot sizes of 10,000 square feet and maximum densities of four units per acre. Cornerstone's plans includes twenty (20) single family homes, which is slightly under the minimum lot size, as we will be utilizing a density bonus to provide one (1) affordable housing unit. ■ Walking trail to Twin Peaks Road ■ Average Lot Size -8,500 SF ■ 20 Single Family Homes -Craftsman Style Architecture Scope of Work: The proposed project will provide (19) market rate single family homes and (1) affordable single family home as an extension of Holly Oak Way. Construction will consist of demolition of existing structures, mass grading of the site, installation of public storm drains, public water and public sewer. All power and dry utilities will be constructed underground and public curbs, gutters, sidewalks, pavement etc., will be installed for the circulation element and will include parkway landscaping with street trees and a walking trail. The intended lots shall be developed as 1-story and 2-story single family residences, composed of 3 to 5 bedrooms and 3 ½ to 5 ½ baths. Casitas with separate entrances will be standard with the plans 2 and 3. Exterior building elevations shall be Craftsman Style, which is consistent with the Old Poway Specific Plan. The exteriors will feature cement tile roofs, overhanging eaves, wood accents, patterned windowpanes, with various combinations of board and batten, lap siding, stone and brick. The exterior colors will be earth tones, including green, brown, and taupe shades. 131 of 132 July 19, 2022, Item #4 Plan 1 - a single story, 3,000 SF living area with 462 SF, 2 car garage, 3 bedrooms with 3 ½ baths Plan 2 - a 2 story, 3,598 SF living area with 781 SF, 3 car tandem garage 3 - 4 bedrooms with casita and 3 ½ to 4 ½ baths Plan 3 - 2 story, 3,900 SF living area with 640 SF, 3 car tandem garage 3 - 4 bedrooms, with casita and 4 ½ baths Plan 3X-3,900, SF living area with 640 SF, 3 car tandem garage, 215 SF storage area, 3 - 4 bedrooms, with casita and 4 ½ baths Housing Plan Overview Under California's Density Bonus Law (Government Code 65915, the "DBL") effective January 1, 2021, we are proposing 5% of the base density units (1 unit) will be provided at Very Low Income, which provides a 20% density bonus. This increases the allowed number of units from 16 units to 20 units. One Plan 1 single story unit located on lot 1, is affordable, as shown on the site plan. In conformance with State of California Law, California Government code 65915(c)(1) the affordability term for this unit will be maintained for 55 years. Density Bonus Agreement The applicant will enter into and record a density bonus agreement and a regulatory agreement with the City prior to obtaining the grading permit for the project. Those agreements will be prepared by the City Attorney, and will ensure that the affordable unit remains affordable for the entire 55-year affordability term, pursuant to all applicable requirements of Poway Municipal Code Section 17 .26.620 and the DBL, including, without limitation, the standards/process for marketing the affordable unit for initial lease-up or sale, verifying tenant/buyer incomes, monitoring continued affordability of the unit, marketing and filling vacancies, and setting forth restrictions and enforcement mechanisms in the event of failure to maintain affordability provisions. Proponent intends to maintain ownership of the affordable home located on Lot 1, and will rent to an income qualified household. Density Bonus Waivers/Incentives To accommodate the design of the Project, including the additional units earned by providing the affordable unit, the Project will require waivers pursuant to the DBL. The floor plans are 50 fee wide on lots that are 60 feet wide and will therefore require waivers of the minimum lot size requirement and, the minimum side yard setback (down to 5 feet from 10 feet). The Project has been designed to comply with the DBL, while also providing a street scene that is consistent with the existing neighborhood, in order to provide new housing, including affordable units. While the Project complies with front yard and rear yard setbacks, strict application of the lot size and side yard development standards would physically preclude construction of the Project. 132 of 132 July 19, 2022, Item #5DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway July 19, 2022 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services /A David DeVries, City Planner (858) 668-4604 or ddevries@poway.org CITY COUNCIL 2021 Weed and Nuisance Abatement Charges to be Collected on the County Tax Assessor's Roll for Fiscal Year 2022-2023 Each year, funds are budgeted for weed and nuisance abatement on City parcels and other privately-owned properties that elect to have the City complete their abatement work. Property owners are notified all abatement costs incurred by the City will be assessed on the tax rolls if they choose not to pay the invoice at the time of issuance. The City Council must approve the list of parcels being assessed prior to their inclusion on the San Diego County {County) Tax Assessor's roll. For properties that receive no tax bill, property owners are directly billed. Recommended Action: It is recommended the City Council take public input, close the public hearing and adopt the Resolution (Attachment A) approving the 2021 weed and nuisance abatement charges to be collected on the County tax assessor's roll for fiscal year 2022-2023. Discussion: Weed Abatement and Vegetation Management are effective fire prevention and mitigation methods to help protect property. Every year, the City notifies previously identified property owners by letter that annual property maintenance is required in specific vegetation abatement areas (Attachment B). Property owners are typically required to mow or weed-whip the annual re-growth of weeds, but may also have to remove dead trees, shrubs or other material that pose a significant fire hazard. In addition to completing this work on City-owned properties, the City's contractor clears vegetation on some private properties in response to the notification sent. The property owner{s) may complete the work themselves or choose to allow the City to complete the work. If the City does the work, the property owner may pay the bill for the weed abatement, or have the cost added to the property's tax bill. The amount charged in any given year does not appear on a property's tax bill until the following year of the date(s) the work had been completed. If a property does not have a tax assessment, the 1 of7 July 19, 2022, Item #5amount is billed directly to the property owner. Should the directly billed property owner(s) fail to pay, the City may initiate collection action, such as a lien or other means of collection. Any duly noticed property owner that fails to complete the necessary brush reduction on his or her property is issued a Notice of Violation. Should the owners fail to comply, the overgrown vegetation is addressed by the City through the abatement procedure outlined in Poway Municipal Code Chapter 8.76. In 2021, the City completed work on 51 City-owned properties and sent 240 notifications to private property owners. Of the 240 private properties notified, the City contractor abated 18 properties. Of those 18 properties, a total of four properties will be charged and assessed costs on their property tax bill for Fiscal Year 2022-2023, as 14 owners have paid their invoices. Each privately-owned parcel abated is responsible for the cost of the abatement work, plus an administrative fee of $175 per the City's Master Fee Schedule. A list of the four privately-owned weed abatement properties where the abatement costs will be collected on the Assessor's Tax Roll is included as Exhibit A of the proposed resolution (Attachment A). Environmental Review: This item is not a Project pursuant to the California Environmental Quality Act (CEQA) and is therefore not subject to CEQA review. Fiscal Impact: The Resolution authorizes the reimbursement to the City for any costs incurred for the abatement of weeds from property owners through assessments on the County tax roll. Each parcel abated for weeds is assessed an administrative fee of $175. The City will place $8,233.51 on the Fiscal Year 2022-2023 tax roll to recover the cost of the property abatements. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, July 7, 2022 and mailed to the four property owners with weed abated properties. Attachments: A Resolution B. 2021 Weed Abatement Program Notice Letter Reviewed/ Approved By: Assistant City Manager 2 of7 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager July 19, 2022, Item #5RESOLUTION NO. 22-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING THE 2021 WEED AND NUISANCE ABATEMENT CHARGES TO BE COLLECTED ON THE COUNTY TAX ASSESSOR'S ROLL FOR FISCAL YEAR 2022-2023 WHEREAS, the City Council of the City of Poway directs weed and nuisance abatement charges for the 2021 weed abatement season to be collected on the Fiscal Year 2022-2023 tax roll, in the same manner, by the same persons, and at the same time as, together with, and not separate from, the general taxes as provided in the Government Code; WHEREAS, Chapters 8.72 and 8.76 of the Poway Municipal Code (PMC), respectively, establish the procedures for nuisance and weed abatement by notifying property owners of the necessity for abatement and authorize collection of abatement charges on the tax roll prepared by the San Diego County Tax Assessor; WHEREAS, on July 19, 2022, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this action; and WHEREAS, a list of the four privately-owned weed abatement properties is attached hereto as "Exhibit A". NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The report submitted to the City Council setting forth weed abatement charges as established by PMC Chapter 8. 76 and attached hereto as "Exhibit A" is hereby approved. Said charges shall be collected on the Fiscal Year 2022-2023 San Diego County Assessor's Tax Roll; SECTION 2: The City Clerk is directed to file a certified copy of this Resolution with the Clerk of the Board of Supervisors and the Auditor of the County of San Diego, State of California. This Section Intentionally Left Blank 3 of 7 ATTACHMENT A July 19, 2022, Item #5Resolution No. 22-Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 19th day of July, 2022 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, City Clerk 4 of7 July 19, 2022, Item #55 of 7 EXHIBIT A Resolution No. 22-Page 3 2021 PRIVATE NUISANCE AND WEED ABATEMENTS Private Property Weed Abatements to be Assessed to Tax Rolls Assessor Parcel Number Invoice Amount 3172222200 $ 2,961.97 3163213700 $ 1,512.08 3175200600 $ 3,146.88 3210112500 $ 612.58 Total to be Assessed $ 8,233.51 July 19, 2022, Item #55 of7 EXHIBIT A Resolution No. 22-Page 3 2021 PRIVATE NUISANCE AND WEED ABATEMENTS Private Property Weed Abatements to be Assessed to Tax Rolls Assessor Parcel Number Invoice Amount 3172222200 $ 2,961.97 3163213700 $ 1,512.08 3175200600 $ 3,146.88 3210112500 $ 612.58 Total to be Assessed $ 8,233.51 July 19, 2022, Item #5STEVE VAUS, Mayor CITY OF POWAY BARRY LEONARD, Deputy Mayor CA YLIN FRANK, Council member DA VE GROSCH, Councilmembcr JOI-IN MULLIN, Councilmcmbcr April 22, 2021 (Owner Address) Subject: Courtesy Notice -Mandatory Vegetation Management Self-Certification Form Property ID: <property address>; APN <parcel number> Dear Poway Property Owner: The City of Poway is currently conducting its annual VEGETATION MANAGEMENT PROGRAM in accordance with Poway Municipal Code (PMC) Section 8.76.035. In order to reduce the risk of vegetation fires, weeds, dry grasses, dead shrubs, dead trees, and excessive dry plant debris must be mowed or reduced from within predetermined Abatement Areas on your property. This abatement must be completed on or before June 18, 2021. You may choose to do the work yourself, hire an independent contractor,· or elect to have the City abate the property. Please fill out and submit the enclosed "Notification of Abatement" self-certification form no later than May 20, 2021. If you are not the current owner of the subject property, please let us know so we may attempt to contact the new owner. Should you give the City written permission to reduce vegetation, the cost of the abatement, plus a $175.00 administrative fee, may be paid after invoicing or will be forwarded to the County Tax Assessor's Office and added to your property tax bill, or collected by other methods. The estimated cost for weed abatement work on your property by the City's contractor is provided on the Notification of Abatement, should you decide to allow the City's contractor complete the work. Please contact Daniel Welte, at (858) 668-4664 or codecompliance@poway.org, should you have any questions about abatement costs. Failure to return the enclosed "Notification of Abatement" self-certification form within the indicated deadline may result in a Notice of Violation issued to you. Should the predetermined Abatement Area(s) containing weeds, dry grasses, dead shrubs, or dead trees on your property remain in non-compliance on or after June 18, 2021, the City may issue administrative citations after issuance of a Notice of Violation. Further non-compliance may result in abatement of the nuisance vegetation on your property by the City's contractor at the owner's expense. If you are unsure as to where the Abatement Area is located on your property, please contact Poway's Code Compliance Division for assistance. We thank you in advance for your contribution toward enhancing your community's protection against wildfires. Should you have any questions, please do not hesitate to contact Poway's Code Compliance Division at (858) 668-4660 or CodeCompliance@poway.org Sincerely, Scott Post Deputy Fire Chief SAFETY SERVICES DEPARTMENT Enclosures: Notice to Clean Premises Notification of Abatement Daniel Welte Code Compliance Officer, Program Coordinator DEVELOPMENT SERVICES DEPARTMENT ATTACHMENT B City Hall Located at 13325 Civic Center Drh·c Mailing Address: P.O. Box 789, Poway, California 92074-0789 www.poway.ol'g July 19, 2022, Item #5NOTIFICATION OF ABATEMENT SELF-CERTIFICATION PLEASE CHECK ONE OF THE BOXES BELOW AND SIGN, THEN RETURN THE FORM BY MAY 20, 2021 D This is to certify that by June 18, 2021, I will remove the fire hazards (which consist of weeds, dry grasses, dead shrubs, dead trees, or excessive dry plant debris) from the property described below within the predetermined Abatement Area, and will notify the City of such action no later than May 20, 2021, by mailing this form to Code Compliance, P.O. Box 789, Poway, CA 92074-0789, emailing it to codecompliance@poway.org, or faxing it to (858) 668-1212. By returning, this form, I certify that my property will be in full compliance with Poway's Vegetation Management Program rules, regulations and standards, on or before the indicated deadline. I am further aware that failure to return this notice or bring my property into compliance may result in issuance of citation(s), after a Notice of Violation has been issued, including any Notice of Violation for the same non-compliant condition occurring within the last calendar year. I am also aware that I may contact Poway's Code Compliance Division should any related brush removal work be delayed until after the deadline. If this property is not abated by June 18, 2021, I understand that the City may proceed with a Notice of Violation, issuance citation(s) and/or having the property abated by the City's contractors. Upon abatement by the City, the costs incurred by the City, plus a $175.00 per parcel administrative fee, will be added to my property tax bill. Estimated City costs to abate your property (this estimate is subject to change based on actual costs incurred): • Estimated Abatement Area in Square Feet: <Square Footage> • Estimated Abatement Cost by City Contractor ($0.039 per square foot)+ $175.00: <Cost @ $3.90 per Unit+ $175> D This is to certify that I authorize the City of Poway to remove the fire hazards (which consist of weeds, dry grasses, dead shrubs, dead trees, or excessive dry plant debris) from the property described below within the predetermined Abatement Area, and will notify the City no later than May 20, 2021, by mailing this form to P.O. Box 789, Poway, CA 92074-0789, faxing it to (858) 668-1212 or emailing to codecompliance@poway.org. By authorizing the City of Poway to remove the fire hazards, I recognize that the costs of such removal, plus a $175.00 per parcel administrative fee, will be added to my property tax bill or may be paid after invoicing. PROPERTY DESCRIPTION: APN <Parcel Number> (REQUIRED) Please print legibly and completely fill in each section below: DATE: PRINTED NAME: SIGNATURE: ADDRESS: ________________________ _ PHONE: ___________________ _ EMAIL: 7 of7 □ Please check here if there is construction activity or existing structures on the above parcel(s) at this time. July 19, 2022, Item #6DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway July 19, 2022 Honorable Mayor and Members of the City Council Aaron Beanan, Director of Finance ;fb Mehrnoush Jamshidi, Finance Manager ~ (858) 668-4426 or mjamshidi@poway.org CITY COUNCIL Resolution Renewing the Fire Protection Special Tax to be Collected on the Property Tax Roll for Fiscal Year 2022-23 Consideration of a Resolution re~ewing the Fire Protection Special Tax to be collected on the property tax roll for Fiscal Year 2022-23. Recommended Action: It is recommended the City Council take public input, close the public hearing, and adopt the Resolution. Discussion: Annually, the City collects various taxes, foes, charges, and assessments on the property tax roll by following the San Diego County Auditor and Controller's procedures established for such collections. The composition of the taxes, fees, charges, and assessments varies slightly from year to year as the time span for the assessments expires or new areas and charges are added. The taxes, fees, charges, and assessments include: Fire Protection Special Tax; Weed Abatement; Landscape Maintenance District Assessments; and Nuisance Abatement. To collect these items on the property tax roll, it is necessary to adopt a Resolution setting the charges and to authorize staff to transmit the information to the San Diego County Clerk of the Board of Supervisors, and Auditor and Controller. The following narrative explains the Fire Protection Special Tax to be collected via the San Diego County property tax roll. A parcel-specific listing of the amounts to be collected is on file in the City Clerk's Office. Fire Protection Special Tax -Poway voters approved the Fire Protection Special Tax on June 17, 1997, which was codified as Poway Municipal Code Chapter 3.20 via Ordinance No. 476. As a special tax, the 1 of 3 July 19, 2022, Item #6Fire Protection Special Tax can only be used to support fire protection services, including but not limited to, the acquisition of equipment (e.g. recently purchased ambulances/ladder truck) and the payment of personnel costs (e.g. six-year labor agreements). To calculate the tax for each property for Fiscal Year 2022-23, the Fire Department assigned 211,714 points to 14,796 parcels. The tax rate of $3.12 per point is unchanged from Fiscal Year 2021-22. The estimated Fire Protection Special Tax to be collected for Fiscal Year 2022-23 is $639,584. For property tax roll purposes, a not-to-exceed amount of $700,000 is authorized by the Resolution (Attachment A). The higher amount is used in the Resolution to ensure that if further additions to the property tax roll are made, for properties in the business park for example, the authorized amount will not be exceeded. The amount per parcel is rounded to the nearest even whole cent. Parcels that are not listed on the property tax roll will be billed directly by the City. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The Fire Protection Special Tax helps support fire protection services provided by the Fire Department. The Fire Department's total operating budget for Fiscal Year 2022-23 is $13,494,826 while the estimated Fire Protection Special Tax to be collected is $639,584, or 4. 74 percent of the total budget. While the revenue can be used to offset all fire protection services, this revenue is specifically being used toward offsetting Fire Prevention division operating costs of $652,867 for Fiscal Year 2021-22. Expenses exceed the revenues to be collected through the Fire Protection Special Tax because the voter approved tax rate adopted in 1997 did not include an inflator. The Fire Protection Special Tax revenue estimate for Fiscal Year 1997-98 was $535,000 which helped support a Fiscal Year 1997-98 Fire Department budget of $3,193,860, or 16.75 percent of the total budget. It is estimated that the Fire Department's budget will increase at an average rate of 3.26 percent over the next ten years based on a historical analysis. As a result, by year 2033, the estimated Fire Protection Special Tax to be collected is projected to offset 3.42 percent of the Fire Department's operating budget. In order for taxes, fees, and assessments to be collected on the property tax roll for Fiscal Year 2022-23, it is necessary for the City Council to adopt a Resolution authorizing this action. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, July 7, 2022 and Thursday, July 14, 2022. Attachments: A. Resolution Reviewed/Approved By: Assistant City Manager 2 of3 Reviewed By: Alan Fenstermacher City Attorney City Ma nag er July 19, 2022, Item #6RESOLUTION NO. 22 -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 2022-23 WHEREAS, the residents of Poway approved a Fire Protection Special Tax in 1997; WHEREAS, the City Council of the City of Poway desires to have the Fire Protection Special Tax collected on the property tax roll; WHEREAS, pursuant to Poway Municipal Code 3.20.070 the City Clerk fixed the public hearing date as July 19, 2022 to adopt the Fire Protection Special Tax; and WHEREAS, following duly given notice, the City Council of the City of Poway did hold such public hearing, receiving, considering, and evaluating public comments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The not-to-exceed amount of $700,000 shall be collected on the property tax roll in the form of a Fire Protection Special Tax of $3.12 per point as authorized by Ordinance No. 476 of the City of Poway. SECTION 2: The City Clerk is instructed to forward a certified copy of this Resolution to the Clerk of the Board of Supervisors and the Auditor and Controller of the County of San Diego. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 19th day of July, 2022 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 3 of 3 ATTACHMENT A DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT City of Poway CITY COUNCIL July 19, 2022 Honorable Mayor and Members of the City Council Jodene Dunphy, Director of Human Resources and Risk Managementr Jodene Dunphy, Director of Human Resources and Risk Management (858)668-4413 jdunphy@poway.org Audrey Denham, Director of Community Services (858)668-4585, adenham@poway.org Mehrnoush Jamshidi, Finance Manager (858)668-4426, mjamshidi@poway.org Various Personnel Related Requests to Include Establishing a New Job Classification, Approving a CalPERS 180-day Waiting Period Exception to Hire a Retired Annuitant, and Adopting the Salary Schedule for the Poway Firefighters' Association Pursuant to the Current Six-Year Memorandum of Understanding The City of Poway has several employees who will be retiring after many years of outstanding and selfless service to the organization and community. When a position becomes vacant, especially after the incumbents served the City for many years, it is prudent to evaluate the position, determine how it can best serve the community, and create transition plans to ensure services are not interrupted during the recruitment process. In Community Services, the Recreation Coordinator in Interpretive Services is retiring after eighteen years of service to the City. Based on an evaluation of the position by the Community Services Director, in coordination with Human Resources staff, it is recommended the City Council change the Recreation Coordinator position in the Interpretative Services division of the Community Services Department to a specific Interpretive Services Coordinator position to better communicate and reflect what the position requires and is responsible for performing. In addition, the Senior Accounting Technician responsible for the City's entire payroll is also retiring in August after seventeen years of service to Poway. This creates an urgent and critical need in the Finance Department to fill the vacancy on a temporary basis while the City recruits for a new Senior Accounting Technician. The City desires to hire the retiring Senior Accounting Technician as a retired annuitant on a part-time, temporary basis until the position is filled through a recruitment, and then to train the new Senior Accounting Technician once hired. Government Code Sections 7522.56 and 21224 allow for an agency to request a waiver to the 180-day waiting period before a retired annuitant may be re-employed by an agency that contracts with Cal PERS for retirement benefits. 1 of 14 July 19, 2022, Item #7 July 19, 2022, Item #7Lastly, as a housekeeping action, the City Council must publicly adopt the salary schedule for the Poway Firefighter's Association (PFA), reflecting the 3.5% salary increase already approved and effective July 1, 2022, as part of the current six-year agreement between the City and the PFA. Recommended Action: It is recommended the City Council: 1) approve the resolution adopting the revised City of Poway Position Classification Plan and Non-Safety Salary Schedule, which include the new classification of Interpretive Services Coordinator; 2) approve the resolution waiving the 180-day waiting period to hire a retired annuitant pursuant to Government Code Sections 7522.56 and 21224; and 3) approve the resolution with the Fiscal Year 2022-23 Safety Salary Schedule in accordance with the terms of the Memorandum of Understanding between the City of Poway and the PFA. Discussion: Establishing a New Job Classification The City of Poway currently has a Recreation Coordinator job classification along with specialized Coordinator classifications supporting the numerous different recreation sites, programs and services offered by the City through the Community Services Department. Recreation Coordinators support Lake Poway, Old Poway Park, and Community Park divisions and directly coordinate recreation programs, including day camps, specialty contract camps, and special events. The Recreation Coordinator in the Interpretive Services Division is retiring in August and to better reflect the duties and responsibilities of the position before the City recruits for the vacancy, staff recommends changing the classification to the more specialized job classification of Interpretative Services Coordinator. The position requires specific knowledge of flora and fauna, wildlife, environmental conservation, Kumeyaay history, trail maintenance, and natural reserve management, and the position trains docents to be knowledgeable on the same topics. There is also a significant educational component as part of the responsibilities, including developing third-grade curriculum to host school tours at the Kumeyaay Center and Blue Sky Ecological Reserve. In addition, all programs and events are designed to educate the public. Interpretive skills are required, and techniques include teaching concepts as opposed to teaching individual facts, how the environment, plants and animals interact with each other, and then making it relatable to the audience. The interpretive services duties are specialized, and the job classification should provide clear standards and criteria for what is required of the position, which will help to recruit someone with specific interpretive experience and in evaluating their performance once hired. The City has other specialized Coordinators in the Community Services Department including: Box Office Coordinator, Technical Theater Coordinator and Front of House Coordinator at the Poway Center for Performing Arts, and Aquatics Coordinator at the Poway Swim Center. Changing the job classification and job description from Recreation Coordinator to Interpretive Services Coordinator will not add an additional position to the department, just change an existing one. The proposed Interpretive Services Coordinator job classification is on file in the Human Resources Department and the recommended salary grade for the Interpretive Services Coordinator is Grade 320, which is the same as the grades for Recreation Coordinator and the other specialized Coordinators in the Community Services Department mentioned above. Waiver of the 180-Day Ca/PERS Requirement for Retired Annuitants California Government Code Sections 7522.56 and 21224 authorize the City to re-employ a retired 2 of 14 July 19, 2022, Item #7Cal PERS annuitant without reinstatement from retirement upon a finding that the retired person has specialized skills needed to perform work of a limited duration. Under the law, a non-safety retired annuitant is not eligible to be employed by a CalPERS contracting agency for a period of 180 days following the retirement date unless the City Council certifies the nature of the employment, and the appointment is necessary to fill a critically needed position before 180 days has passed. After serving the City for seventeen years, Ms. Blanton has specialized skills in payroll services, including knowledge of the payroll processes, including the more complicated payroll processes for fire safety schedules and the twenty-four hour water treatment plant schedules. Her services are needed over the next several months during the recruitment to perform biweekly payroll, CalPERS reporting, and various other payroll and accounts payable procedures, including yea rend procedures. As such, the appointment of Krista Blanton, on a temporary basis while the City recruits for a new Senior Accounting Technician, and to train the new person once hired, would be in compliance with Government Code Sections 7522.56 and 21224. Ms. Blanton's compensation in the retired annuitant role wou Id be limited to the posted salary schedule for the Senior Accounting Technician classification. Retired annuitants are not eligible for any employee leaves or benefit programs. Along with the resolution, also attached is the employment agreement between the City of Poway and a retired annuitant, which outlines the terms of the temporary employment. Prior to the start date of Ms. Blanton's temporary employment with the City of Poway as a retired annuitant, the City must submit to Cal PERS a copy of: 1) the approved and executed resolution; 2) the employment agreement; and 3) the publicly available salary schedule listing the comparable or vacant position. Salary Schedule for the Poway Firefighters' Association In September 2021, the City Council approved a six-year Memorandum of Understanding (MOU) from July 1, 2021 throughJune 30, 2027, between the City of Poway and the Poway Fire Fighter's Association. The MOU includes a 3.5% wage increase, effective July 1, 2022. The California Public Employee Retirement System (Cal PERS) requires all salary schedules be publicly adopted by the governing body. The attached resolution provides the approval for the salary schedule, pursuant to the terms of the six-year agreement. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: There is no additional cost to establish the new classification of Interpretative Services Coordinator because the new classification will be established at the same grade as the Recreation Coordinator. The total estimated cost to hire the retired Senior Account Technician as a retired annuitant is anticipated not to exceed $25,000 and will paid be out of salary savings in the Finance department budget. Funds for the 3.5% salary increase for the PFA were included and approved as part of the City's Fiscal Year 2022-23 budget. Public Notification: Neil Sholander, Business Representative/President of Teamsters Local 911, was provided a copy of this report via email. 3 of 14 July 19, 2022, Item #7Mark Rodriguez, President of the Poway Firefighters' Association, was provided a copy of this report via email. Attachments: A. Resolution approving the City of Poway Classification Plan and Non-Safety Salary Schedule B. Resolution approving the 180-day waiting period exception to hire a retired annuitant pursuant to Government Code Sections 7522.56 and 21224 C. Resolution approving the Salary Schedule for Poway Firefighters' Association Reviewed/Approved By: Assistant City Manager 4 of 14 Reviewed By: Alan Fenstermacher Cit¥ Attorney Approved By: c~ City Manager July 19, 2022, Item #7RESOLUTION NO. 22-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING THE CITY OF POWAY POSITION CLASSIFICATION PLAN AND THE NON-SAFETY SALARY SCHEDULE WHEREAS, classification plans are constantly being evaluated and should be updated based on what is needed to provide the highest quality of programs and services to the Poway community; WHEREAS, interpretive services are integral to educating the Poway community on flora and fauna, wildlife, environmental conservation, Kumeyaay history, trail maintenance, and natural reserve management; WHEREAS, the Interpretive Services Coordinator job classification will better align the actual job functions and qualifications with the duties and responsibilities of the position; and WHEREAS, the Interpretive Services Coordinator classification salary grade is the same as the Recreation Coordinator classification at grade 320 on the Non-Safety Salary Schedule, attached hereto as Exhibit A, and has been added to the City of Poway Position Classification Plan, attached hereto as Exhibit 8. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The above recitals are true and correct. SECTION 2: The Non-Safety Salary Schedule is hereby adopted, effective July 19, 2022. SECTION 3: The proposed classification specification for Interpretive Services Coordinator is on file in the Human Resources and Risk Management Department and available on the City's website. SECTION 4: The Interpretive Services Coordinator classification has been added to the City of Poway Position Classification Plan effective July 19, 2022. II II 5 of 14 ATTACHMENT A July 19, 2022, Item #7Resolution No. 22-Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 19th day of July, 2022 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 6 of 14 July 19, 2022, Item #7Classification Title (lnalphah,clcalo,d«) I Administrative Assistant I Administrative Assistant II Administrative Assistant Ill Aquatics Coordinator Box Office Coordinator Construction Maintenance Crew Leader Construction Maintenance Worker I Construction Maintenance Worker II Contract Specialist/Inspector Cross-Connection Specialist Customer Services Field Worker Customer Services Technician I Customer Services Technician II Development Services Aide Engineering Inspector Engineering Technician I Engineering Technician II Equipment Mechanic . Facilities Maintenance Technician I Facilities Maintenance Technician II Front of House Coordinator GIS Technician I GIS Technician II Interpretive Services Coordinator Lead Customer Services Field Worker Lead Engineering Inspector Park Ranger Parks Maintenance Crew Leader Parks Maintenance Worker I Parks Maintenance Worker II Records Technician Recreation Coordinator Recreation Leader I Senior Administrative Assistant Senior Equipment Mechanic Senior Facilities Maintenance Technician Senior Park Ranger Senior Utility Systems Mechanic Senior Utility Systems Technician Stormwater Maint. & Const. Worker I Stormwater Maint. & Const. Worker II Technical Theater Coordinator Utility Systems Mechanic Utility Systems Technician Warehouse Associate Wastewater Utilities Crew Leader Wastewater Utilities Worker I Wastewater Utilities Worker II Water Treatment Plant Lead Operator Water Treatment Plant Operator I Water Treatment Plant Operator II Water Treatment Plant Operator Ill Water Utilities Crew Leader Water Utilities Worker I Water Utilities Worker II 7 of 14 EXHIBIT A City of Poway Non~Safety Salary Schedule Effective July 19, 2022 Grade I Approx. I Step 1 I Salary Range 240 2,936 -3,569 16.9394 270 3, 162-3,843 18.2419 330 3,667 -4,457 21.1549 320 3,577 -4,348 20.6389 320 3,577 -4,348 20.6389 390 4,252 - 5,169 24.5332 290 3,322 -4,038 19.1653 330 3,667 -4,457 21.1549 460 5,055 -6,144 29.1623 500 5,580 -6,782 32.1898 430 4,694-5,705 27.0801 291 3,326 -4,043 19.1880 332 3,695 -4,492 21.3201 240 2,936 -3,569 16.9394 470 5,181 -6,298 29.8914 430 4,694 -5,705 27.0801 470 5,181 -6,298 29.8914 400 4,359 -5,298 25.1465 330 3,667 -4,457 21.1549 370 4,048-4,920 23.3510 320 3,577 -4,348 20.6389 430 4,694 -5,705 27.0801 470 5,181 -6,298 29.8914 320 3,577 -4,348 20.6389 470 5,181 -6,298 29.8914 550 6,313-7,673 36.4198 270 3161 -3,843 18.2419 390 4,252 -5,169 24.5332 290 3,322 • 4,038 19.1653 330 3,667 · 4,457 21.1549 350 3,852 -4,683 22.2259 320 3,577 -4,348 20.6389 200 2,660 · 3,233 15.3462 370 4,048 -4,920 23.3510 452 4,980 -6,053 28.7288 430 4,694 · 5, 705 27.0801 290 3,322 -4,038 19.1653 560 6,471 -7,865 37.3303 580 6,798 -8,263 39.2201 290 3,322 -4,038 19.1653 330 3,667 -4,457 21.1549 320 3,577 -4,348 20.6389 520 5,862 -7,125 33.8194 520 5,862 · 7,125 33.8194 370 4,048 -4,920 23.3510 500 5,580 -6,782 32.1898 390 4,252 -5,169 24.5332 430 4,694 -5,705 27.0801 610 7,320 -8,898 42.2358 420 4,579 -5,566 26.4196 470 5,181 -6,298 29.8914 520 5,862 -7,125 33.8194 520 5,862 -7, 125 33.8194 400 4,359 - 5,298 25.1465 430 4,694 -5,705 27.0801 Step 2 I 17.7863 19.1540 22.2129 21.6711 21.6711 25.7601 20.1237 22.2129 30.6206 33.7993 28.4343 20.1477 22.3861 17.7863 31.3861 28.4343 31.3861 26.4041 22.2129 24.5188 21.6711 28.4343 31.3861 21.6711 31.3861 38.2411 19.1540 25.7601 20.1237 22.2129 23.3374 21.6711 16.1135 24.5188 30.1652 28.4343 20.1237 39.1968 41.1811 20.1237 22.2129 21.6711 35.5106 35.5106 24.5188 33.7993 25.7601 28.4343 44.3476 27.7406 31.3861 35.5106 35.5106 26.4041 28.4343 Step 3 I Step4 I Step 5 18.6759 19.6093 20.5896 20.1119 21.1171 22.1727 23.3238 24.4893 25.7136 22.7549 23.8920 25.0864 22.7549 23.8920 25.0864 27.0484 28.4000 29.8199 21.1301 22.1861 23.2952 23.3238 24.4893 25.7136 32.1520 33.7587 35.4464 35.4892 37.2637 39.1269 29.8563 31.3483 32.9155 21.1548 22.2126 23.3231 23.5055 24.6808 25.9147 18.6759 19.6093 20.5896 32.9558 34.6027 36.3326 29.8563 31.3483 32.9155 32.9558 34.6027 36.3326 27.7246 29.1100 30.5654 23.3238 24.4893 25.7136 25.7451 27.0315 28.3830 22.7549 23.8920 25.0864 29.8563 31.3483 32.9155 32.9558 34.6027 36.3326 22.7549 23.8920 25.0864 32.9558 34.6027 36.3326 40.1535 42.1601 44.2678 20.1119 21.1171 22.1727 27.0484 28.4000 29.8199 21.1301 22.1861 23.2952 23.3238 24.4893 25.7136 24.5046 25.7290 27.0153 22.7549 23.8920 25.0864 16.9192 17.7651 18.6534 25.7451 27.0315 28.3830 31.6734 33.2571 34.9200 29.8563 31.3483 32.9155 21.1301 22.1861 23.2952 41.1567 43.2145 45.3752 43.2402 45.4022 47.6723 21.1301 22.1861 23.2952 23.3238 24.4893 25.7136 22.7549 23.8920 25.0864 37.2864 39.1499 41.1070 37.2864 39.1499 41.1070 25.7451 27.0315 28.3830 35.4892 37.2637 39.1269 27.0484 28.4000 29.8199 29.8563 31.3483 32.9155 46.5650 48.8932 51.3379 29.1276 30.5840 32.1132 32.9558 34.6027 36.3326 37.2864 39.1499 I 41.1070 37.2864 39.1499 41.1070 27.7246 29.1100 30.5654 29.8563 31.3483 32.9155 Approved by Cily of Poway City Council at a regular meeting on 07/19/2022 July 19, 2022, Item #7Classification Accountant Accounting Technician II Administrative Assistant I Administrative Assistant II Administrative Assistant Ill Aquatics Coordinator Assistant City Manager Assistant Director of Finance Operations Assistant Director of Public Works for Maintenance Operations Assistant Director of Public Works for Utilities Assistant Engineer Assistant Planner Associate Civil Engineer Associate Planner Box Office Attendant Box Office Coordinator City Clerk City Engineer City Manager City Planner Code Compliance Officer Communitv Outreach Coordinator Construction Maintenance Crew Leader Construction Maintenance Supervisor Construction Maintenance Worker I Construction Maintenance Worker II Contract Specialist/Inspector Cross-Connection Specialist Customer Services Field Worker Customer Services Technician I Customer Services Technician II Deputy Fire Chief Deputy Fire Marshal Development Services Aide Director of Community Services Director of Development Services Director of Finance Director of Human Resources & Risk Management Director of Public Works Dock Attendant Engineering Inspector Engineering Technician I Engineering Technician II 8 of 14 EXHIBIT B City of Poway Position Classification Plan Classification Equipment Mechanic Executive Assistant to the City Manager Facilities Maintenance and Special Districts Supervisor Facilities Maintenance Technician I Facilities Maintenance Technician II Finance Manager Fire Battalion Chief Fire Captain/Paramedic Fire Chief Fire Engineer/Paramedic Fire Safety Inspector Firefighter/Paramedic Fleet Maintenance Supervisor Front of House Assistant Front of House Coordinator GIS Analyst Human Resources Technician I Human Resources Technician II Information Technology Analyst Intern Interpretive Services Coordinator Lead Customer Services Field Worker Lead Engineering Inspector Lifeguard Management Analyst Management Assistant Network and Computer Systems Administrator Network and Computer Systems Analyst Park Ranger Parks and Trails Area Manager Parks Maintenance Crew Leader Parks Maintenance Supervisor Parks Maintenance Worker I Parks Maintenance Worker II Principal Engineer -Utilities Public Works Operations Manager Records Technician Recreation Area Manager Recreation Coordinator Recreation Leader I Recreation Leader II Revenue and Operations Manager Revenue and Operations Supervisor Classification Seasonal Parks Maintenance Worker Senior Accountant Senior Accounting Technician Senior Administrative Assistant Senior Administrative Assistant -Confidential Senior Civil Engineer Senior Code Compliance Officer Senior Dock Attendant Senior Equipment Mechanic Senior Facilities Maintenance Technician Senior Fire Safety Inspector Senior Human Resources Analyst Senior Lifeguard Senior Management Analyst Senior Park Ranger Senior Planner Senior Utility Systems Mechanic Senior Utility Systems Technician Special Projects Engineer Stage Technician Stormwater Maintenance & Construction Worker I Stormwater Maintenance & Construction Worker II Technical Theater Coordinator Utilities Administrator Utility Systems Mechanic Utility Systems Supervisor Utility Systems Technician Warehouse Associate Wastewater Utilities Crew Lead Wastewater Utilities Supervisor Wastewater Utilities Worker I Wastewater Utilities Worker II Water Treatment Plant Lead Operator Water Treatment Plant Manager Water Treatment Plant Operator I Water Treatment Plant Operator II Water Treatment Plant Operator Ill Water Utilities Crew Leader Water Utilities Distribution Supervisor Water Utilities Worker I Water Utilities Worker II Elfecrive July 19, 2022 Approved al the 7 / 19/22 City Council Meeting July 19, 2022, Item #7RESOLUTION NO. 22-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, FOR A 180-DAY WAITING PERIOD EXCEPTION TO HIRE A RETIRED ANNUITANT PURSUANT TO GOVERNMENT CODES SECTIONS 7522.56 AND 21224 WHEREAS, in compliance with Government Code section 7522.56 of the Public Employees' Retirement Law, the Poway City Council must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since their retirement date; WHEREAS, Krista Blanton retires from the City of Poway in the position of Senior Accounting Technician, effective August 08, 20,22; WHEREAS, Government Code section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is February 04, 2023 without this certification resolution; WHEREAS, Government Code section 7522.56 provides that this exception to the 180-day wait period shall not apply if the retiree accepts any retirement-related incentive; WHEREAS, the Poway City Council, the City of Poway and Krista Blanton certify that Krista Blanton has not and will not receive a Golden Handshake or any other retirement-related incentive; WHEREAS, the Poway City Council hereby appoints Krista Blanton as an extra help retired annuitant to perform the duties of the Senior Accounting Technician for the City of Poway under Government Code section 21224, effective August 08, 2022; WHEREAS, the entire employment agreement, contract or appointment document between Krista Blanton and the City of Poway has been reviewed by this body and is attached hereto as Exhibit A; WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS employers; WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; WHEREAS, the maximum base salary for this position is $6,144 and the hourly equivalent is $35.4464, and the minimum base salary for this position is $5,054 and the hourly equivalent is $29.1623; WHEREAS, the hourly rate paid to Krista Blanton will be $35.4464; and WHEREAS, Krista Blanton has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate. 9 of 14 ATTACHMENT B July 19, 2022, Item #7NOW, THEREFORE, BE IT RESOLVED THAT the Poway City Council hereby certifies the nature of the employment of Krista Blanton as described herein and detailed in the attached employment agreement/ contract/ appointment document and that this appointment is necessary to fill the critically needed position of Senior Accounting Technician for the City of Poway by August 08, 2022 because Ms. Blanton has specialized skills after serving the City for seventeen years which are needed over the next several months to perform biweekly payroll, CalPERS reporting, and various other payroll and Accounts Payable procedures including yearend procedures and training the new Senior Accounting Technician. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 19th day of July, 2022 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 10 of 14 July 19, 2022, Item #7EXHIBIT A CITY OF POWAY Retired Annuitant -Employment Agreement Government Code (GC) sections 7522.56 and 21224 permit employees who retire and receive CalPERS retirement benefits to accept limited, post-retirement, employment without reinstatement or loss or interruption of benefits. A retired person (Retired Annuitant), whose employment without reinstatement is authorized by Government Code Sections 7522.56 and 21224, shall acquire no service credit or retirement rights unless she reinstates from retirement. I. Conditions of Limited Appointment Post-retirement service must be attributable to either an emergency event (to prevent stoppage of public business) or the Retired Annuitant has skills needed to perform work of limited duration (GC 7522.56.c). II. Length of Appointment Retired Annuitants are restricted to working a maximum of 960 hours within a fiscal year (GC 7522.56.d) and both the City and the Retired Annuitant are responsible for tracking hours of employment. Krista Blanton has been appointed to serve as the Senior Accounting Technician on an, as-needed, interim basis, beginning August 8, 2022 during the recruitment process and to assist with the transition of the incoming Senior Accounting Technician, once the position is filled. Employing a retiree in excess of the 960 hours limit per fiscal year may jeopardize the retiree's retirement benefits and/or require reinstatement from retirement. Krista Blanton will immediately notify the City of Poway should they perform work as a Retired Annuitant for any other CalPERS member agency during the term of this agreement. __ (Initials) Ill. Compensation The rate of pay for these services shall be no less than the minimum and no more than the maximum rate of pay for other employees performing comparable functions (GC 7522.56.d). Based upon the approved Salary Schedule for classifications within the Management Confidential Group, the City's hourly rate of pay for a Senior Accounting Technician ranges from $29.1623 to $35.4464. For the term of this agreement, Krista Blanton will be compensated at an hourly rate of $35.4464, which is within the approved, allowable pay range for this position. Retired Annuitants are not eligible for any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hour pay rate including holidays, sick leave, vacation or any employee leave or benefit program. IV. Unemployment Insurance Compensation Retired Annuitants are ineligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment, the Retired Annuitant received any unemployment insurance compensation arising out of prior employment with a public employer (GC 7522.56.e.1 ). Furthermore, a Retired Annuitant that accepts employment, and has received unemployment insurance compensation within the 12-month period preceding employment, must terminate employment effective the last day of the current payroll period. The Retired Annuitant shall not be eligible for reappointment for a period of 12 months following the termination date (GC 7522.56.e.2). 11 of 14 July 19, 2022, Item #7In accordance with these provisions, Krista Blanton has not received unemployment insurance compensation during the 12-month period preceding this appointment. __ (Initial) V. 180-Day Rule A Retired Annuitant is not eligible to be employed for a period of 180 days following the date of retirement, unless one of the following conditions is satisfied for a local government agency: ■ The City of Poway certifies the nature of the employment, and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (GC 7522.56 (f)1) Resolution #19-007 approved on July 19, 2022. ■ The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (GC 7522.56(f)4) Additionally, a Retired Annuitant who accepted a retirement incentive upon retirement shall not be eligible for employment for a period of 180 days following the date of retirement and the provisions of GC 7522.56(f) shall not apply. (GC 7522.56(9)) Hiring a retiree prior to their meeting the required waiting periods may jeopardize the retiree's retirement benefits and/or require reinstatement from retirement. Krista Blanton retired from public service effective August 8, 2022. Based upon an effective date of July 19, 2022, the terms of this appointment are in compliance with the 180-day statutory requirements. __ (Initials) VI. Acknowledgement and Agreement I, Krista Blanton, Retired Annuitant, accept a limited appointment as a Senior Accounting Technician with the City of Poway. By signing this agreement, I acknowledge that I am in compliance with the statutory provisions contained herein, and I further agree to maintain compliance for the duration of this agreement. Retired Annuitant Approved By: Director of Human Resources/Risk Management City of Poway City Manager City of Poway 12 of 14 Date Date Date July 19, 2022, Item #7RESOLUTION NO. 22-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING THE SALARY SCHEDULE FOR THE POWAY FIREFIGHTERS' ASSOCIATION WHEREAS, on September 7, 2021, the City Council approved a Memorandum of Understanding between the City of Poway and the Poway Firefighters' Association, effective July 1, 2021, through June 30, 2027; WHEREAS, as part of the Memorandum of Understanding, the Poway Firefighters' Association members receive a 3.5% wage increase, effective July 1, 2022; and WHEREAS, the California Public Employee Retirement System (CalPERS) requires all salary schedules be publicly adopted by the governing body. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The above recitals are true and correct. SECTION 2: The Salary Schedule for the Poway Firefighters' Association, attached hereto as Exhibit A, is hereby adopted, effective July 1, 2022. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 19th day of July, 2022 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 13 of 14 ATTACHMENT C July 19, 2022, Item #7I EXHIBIT A CITY OF POWAY POWAY FIREFIGHTERS' ASSOCIATION (PFA) SALARY SCHEDULE EFFECTIVE JULY 1, 2022 POSITION lsALARY RANGE STEPS Fire Captain/Paramedic 1030 II 1 II 2 II 3 Approx. Biweekly (hourly x 112) 3,937 4,134 4,341 Hourly (112 hours) 35.1548 36.9122 38.7576 Hourly (80 hours) 49.2163 51.6776 54.2609 Approx. Monthly 8,531 8,957 9,405 Fire Enqineer/Paramedic 1020 I 1 I 2 I 3 Approx. Biweekly (hourly x 112) 3,375 3,543 3,720 Hourly (112 hours) 30.1309 31.6368 33.2183 Hourly (80 hours) 42.1825 44.2918 46.5057 Approx. Monthly 7,312 7,677 8,061 Firefiqhter/Paramedic 1010 I 1 I 2 I 3 Approx. Biweekly (hourly x 112) 3,173 3,332 3,498 Hourly (112 hours) 28.3331 29.7490 31.2363 Hourly (80 hours) 39.6653 41.6484 43.7298 Approx. Monthly 6,875 7,219 7,580 14 of 14 I I II 4 II 5 4,558 4,786 40.6962 42.7300 56.9736 59.8220 9,876 10,369 I 4 I 5 3,907 4,102 34.8795 36.6235 48.8303 51.2729 8,464 8,887 I 4 I 5 3,673 3,857 32.7981 34.4376 45.9167 48.2124 7,959 8,357