2024 02-06CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
February 6, 2024
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: Brian Pepin, Peter De Hoff, Anita Edmondson, Caylin Frank, Steve Vaus
STAFF MEMBERS PRESENT:
City Manager Chris Hazeltine; City Attorney Alan Fenstermacher; City Clerk Carrie Gallagher;
Director of Development Services Bob Manis; Interim Director of Finance Brad Rosen; Director
of Human Resources and Risk Management Jodene Dunphy; Director of Public Works Eric
Heidemann; Director of Community Services Audrey Denham; Fire Chief Jeff Chumbley; Captain
Nancy Blanco, 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 Mayor/Vice Chair, Council member/Director, City Manager/Executive Director, Assistant
City Manager/Assistant Executive Director, City Attorney/Counsel, City Clerk/Secretary and
Director of Finance/Finance Officer.)
PLEDGE OF ALLEGIANCE:
Deputy Mayor Frank led the Pledge of Allegiance.
MOMENT OF SILENCE:
Mayor Vaus led a moment of silence.
PRESENTATIONS:
None.
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PUBLIC COMMENT:
Barbara Diederichs, representing Preserve Wild Poway, spoke in support of habitat preservation
at Dorathea Terrace.
Nick Carruthers discussed the impact of streamlining the General Plan and Specific Plan
amendment processes as it relates to development projects.
Kathy Jung, representing the Poway Library, invited the community to participate in upcoming
activities including programs for both children and adults.
CONSENT CALENDAR:
Motioned by Mayor Vaus, seconded by Councilmember Pepin to approve Consent
Calendar Items 1 through 6. Motion carried 5/0 by the following roll -call vote:
Ayes: Pepin, De Hoff, Edmondson, Frank, Vaus
Noes: None
Abstained: None
Absent: None
Disqualified: None
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the December 5, 2023 Regular City Council Meeting Minutes
3. Acceptance of the FY 2023-24 Street Maintenance Project with American Asphalt South, Inc.,
as Complete
4. Second Amendment to the Exclusive Negotiating Rights Agreement with Wakeland Housing
& Development Corporation for the Monte Vista Affordable Housing Development Project;
Assessor Parcel Number (APN) 275-460-61-00
5. Acceptance of the Starridge Park and Community Park Pathways Extension Project with Tri-
Group Construction and Development, Inc., as Complete
6. Second Reading and Adoption of Ordinance No. 864 entitled "An Ordinance of the City
Council of the City of Poway, California, Amending Chapters 17.08 and 17.56 of the Poway
Municipal Code to (1) Eliminate the Multifamily Swimming Pool Requirement, and (2) Limit
Wireless Communication Facility Batch Applications to the Statutory Minimum"
Eric Weller spoke in opposition to Item 6, amendment eliminating the swimming pool
requirement for multifamily units.
ORDINANCES FOR INTRODUCTION:
None.
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City of Poway — Minutes — February 6, 2024
PUBLIC HEARINGS:
7. Tentative Tract Map (TTM) 23-0001; a request for approval of the second one-year time
extension for a previously approved subdivision (TTM18-005)
Mayor Vaus opened the Public Hearing at 7:13 p.m.
Senior Planner Hector Salgado presented the item along with a PowerPoint presentation. He
provided background on Tentative Tract Map (TTM) 18-005, previously approved by the City
Council in December, 2020. He noted approval was for two years pursuant to the Poway
Municipal Code (PMC) and allows for up to five one-year time extensions. Mr. Salgado stated
tonight's request for approval, TTM 23-0001, is a request for a second one-year extension of
the TTM.
Mr. Salgado provided a zoning map and an aerial image of the property, he discussed the
property acreage, location and zoning designation. The proposed subdivision would subdivide
the two parcels into six lots ranging in size from 9,400 square feet up to 11,400 square feet in
the subject area with access from Crest Road. He noted the applicant is not currently
proposing any home development and explained future home development is subject to
approval of a Minor Development Review Application (MDRA) for each individual lot and track
home developments would be subject to City Council approval of a Development Review (DR)
application. He concluded; no changes are proposed to the approved lot configuration.
Public Comment:
None.
End of Public Comment.
Mayor Vaus closed the Public Hearing at 7:15 p.m.
Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to adopt Resolution No.
24-002 entitled "A Resolution of the City Council of the City of Poway, California,
Approving Tentative Tract Map 23-0001; a Second One -Year Time Extension of the
Approval for Tentative Tract Map 18-005, Assessor's Parcel Numbers 316-120-18 and
316-120-25." Motion carried unanimously.
8. Specific Plan Amendment (SPA) 24-0001, a request to amend the South Poway Specific Plan
to add "Battery Storage Facilities" and "Battery Energy Storage Systems" as conditionally
permitted uses in the Light Industrial (LI) land use designation
Mayor Vaus opened the Public Hearing at 7:16 p.m.
City Attorney Alan Fenstermacher presented the item. He stated the proposed amendment
would add a new use to the South Poway Specific Plan (SPSP) called "Battery Storage
Facilities" and will define within that designation the use of a "Battery Energy Storage System".
Mr. Fenstermacher stated these are typically privately owned facilities, unmanned or with very
few employees, have contracts with public utilities and house batteries that store power to be
used off site. He noted the reason for this amendment is this type of land use is relatively new
and was not contemplated when the SPSP was originally drafted and adopted, therefore
battery storage facilities do not cleanly fit within any existing land use category and currently
there is not a good definition in the in the Specific Plan. Staff is recommending the SPSP be
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amended to add the specifically defined terms "Battery Storage Facility" and "Battery Energy
Storage System."
The proposed amendment would categorize a "Battery Storage Facility' as a conditionally
permitted use in the Light Industrial (LI) land use designation which would provide City Council
the opportunity to review each proposed battery storage project with discretion to deny the
project outright or impose any number of conditions of approval to mitigate potential impacts
and determine whether they fit within the vision of the SPSP. Mr. Fenstermacher noted these
facilities would remain unpermitted in the Industrial Park commercial land use designation,
however, would be conditionally permitted in the light industrial uses. He also noted this
change would be prospective only and not apply to the two proposed projects already in
various stages of the development process.
Public Comment:
Yuri Bohlen spoke in opposition to battery storage facilities, noting fire and safety concerns.
End of Public Comment.
Mayor Vaus closed the Public Hearing at 7:21 p.m.
Council discussion ensued. They responded positively to the amendment's clearer land use
designation and the definitions outlined for battery storage facilities, improved evaluation
criteria and increased oversight of the approval process, re -categorizing the facilities as
conditionally permitted and overall process improvements for all stakeholders. Council
discussed the battery facilities' commercial impact, including lack of employment
opportunities, concerns over the safety and size of future projects and distinguishing between
public utilities and private facilities.
Motioned by Deputy Mayor Frank, seconded by Councilmember De Hoff to adopt
Resolution No. 24-003 entitled "A Resolution of the City Council of the City of Poway,
California, Approving Specific Plan Amendment 24-0001, a Request to Amend the
South Poway Specific Plan to Allow Battery Storage Facilities and Battery Energy
Storage Systems as Conditionally Permitted Uses in the Light Industrial Land Use
Designation." Motion carried unanimously.
STAFF REPORTS:
None.
WORKSHOPS:
None.
COUNCIL -INITIATED ITEMS:
9. Minor Development Review Application for Residential Projects
Mayor Vaus presented the item. He stated Council has a responsibility to regularly review
processes set forth in the Poway Municipal Code (PMC) and to find opportunities to improve
efficiencies and reduce unnecessary cost and time associated with the development process.
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He stated the current Minor Development Review Application (MDRA) process results in
additional cost to applicants, requires additional staff time, provides little if any new information
and causes substantial delays in permit approval and construction.
He noted his proposal is to direct staff to bring forward proposed changes to the PMC to
eliminate the MDRA process for residential projects, including the construction of a single
home additions, remodels, detached accessory structures, and unlighted recreational courts.
He added, for projects eligible to skip the MDRA process, applicants would still be required to
submit all the technical documents and plans required by the MDRA process at the time of
the building permit application. His proposal would include scheduling a one year look back
following implementation to assess its impact on streamlining the development process.
Public Comment:
Eric Weller voiced opposition to removing the MDRA review process.
End of Public Comment.
Council discussion ensued. Council described the MDRA process as onerous, burdensome,
lengthy and expensive. Council responded positively to the proposed recommendations,
including easing and streamlining the building permit process for residents and staff while
noting the new process will not be removing any building rules or requirements. Council
discussed transparency implications in eliminating the MDRA process for specific projects and
recommended preserving the public notification requirement for building projects.
Responding to Council questions, Director of Development Services Bob Manis discussed the
MDRA review general timeline, and potential difficulties and delays involved before final
approval.
Council reached consensus for staff to bring forward recommendations for: 1)
eliminating the MDRA process for residential projects including a single home,
additions, remodels and detached accessory structures, and unlighted recreational
courts with the exception of projects with habitat as identified in the City's Habitat
Conservation Plan (HCP); 2) preserve public noticing on building projects; and 3)
schedule a one year look back following implementation to assess the impact on
streamlining the development process. Motion carried unanimously.
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C.
53232(d))
Councilmember Pepin encouraged residents to utilize the Poway trail network, he thanked City
staff and the Poway Parks & Trails Volunteer team members for keeping Poway's trails in good
condition.
Deputy Mayor Frank discussed having attended Poway Girls Softball Opening Day celebration
on Saturday, February 3rd, and complimented staff and volunteers for doing such a good job with
field maintenance.
Mayor Vaus reported having attended the 35th Annual Sheriff's Department Memorial Wake and
thanked the Sheriff's Department for organizing the event. He announced his recent appointment
by North County Inland Cities as the North County Representative to the San Diego Regional
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Airport Authority. Mayor Vaus shared a photo and congratulated former Councilmember Barry
Leonard and family on the birth of his granddaughter.
CITY MANAGER ITEMS:
None.
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session)
None.
CLOSED SESSION:
10. Conference with Labor Negotiators — (Government Code § 54957.6)
Designated City Representatives: Chris Hazeltine, Wendy Kaserman, and Jodene Dunphy
Employee Organization: Teamsters Local 911
Mayor Vaus recessed the Regular City Council meeting into Closed Session at 7:48 p.m.
ADJOURNMENT:
City Attorney Alan Fenstermacher reported no action was taken.
The meeting was adjourned at 8:20 p.m.
Carrie Gallagher, CIVIC
City Clerk
City of Poway, California
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