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Res P-02-06RESOLUTION NO. P-02-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA RESCINDING CITY COUNCIL RESOLUTION NO. P-01-64 AND APPROVING MODIFICATIONS TO MINOR CONDITIONAL USE PERMIT 99-03 AND DEVELOPMENT REVIEW 99-06 ASSESSOR'S PARCEL NUMBER 317-190-15, 16, 17, 18, 20, 28 and 39 WHEREAS, on May 18, 1999, the City Council held a duly advertised public hearing to solicit from the public, both pro and con, relative to Minor Conditional Use Permit 99-03 and Development Review 99-06, submitted by First America A applicant; and approved the request to construct an auto dealership on a 3.63-acre property located at 13741-13761 Poway Road within the Automotive General C zone. The project 'a 22,550-square-foot new car sh building, a 1,572-square-foot detached used car showroom building, and a combined total of 75 employ parking stalls; and WHEREAS, pursuant to Section 17.48.150 of the Poway Municipal Code, the City Council determined, on October 2, 2001, to set a public hearing to modi~ or revoke MCUP 99-03 due to Poway Honda's failu re to fully comply with the project Conditions of Approval and all the requirements of the Poway Municipal Code; and, WHEREAS, on December 11, 2001, the City Council held a duly advertised public hearing to solicit from the public, both pro and con, relative to Minor Conditional Use Permit 99-03 and Development Review 99-06 and determined that additional project Conditions of Approval are necessary to protect the integrity of the adjacent residential neighborhood. WHEREAS, on December 21,2001, the applicant submitted, pursuant to Chapter 2.21 of the Poway Municipal Code, a request for rehearing of the December 11,2001 City Council action and on January 8, 2002, the City Council accepted the request and scheduled the item for re-hearing. WHEREAS, on February 5, 2002, the City Council held a duly advertised public hearing for a rehearing of the applications and to solicit from the public, both pro and con, relative to Minor Conditional Use Permit 99-03 and Development Review 99-06 and determined that additional project Conditions of Approval 3/to protect the integrity of the adjacent residential neighborhood. NOW, THEREFORE, the City Council does hereby follows: Section 1: The City Council finds that the project has been adequately addressed in, and is within the scope of, the Mitigated Negative Declaration (MND) approved in conjunction with MCUP 99-03/DR 99-06 dated May 18, 1999. Resolution No. P-02-06 Page 2 The subject E herein by this before it that th th Initial Study and MND d ~ :ions are fully incorporated The City Council further finds on the basis of the whole record bstantial evidence the project will have a significant impact on Section 2: The findings for Minor Conditional Use Permit 99-03, pursuant to Section 17.48.070 of the Poway Municipal Code, are made as follows: Ao The project' l with the Poway Road Specific Plan and the Poway General Plan in that auto repair and lowed within the Automotive General C zone with the approval of a Minor Conditional Use Permit. That the location, size, design, and operating ch of the use, as conditioned, will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, buildings, or natural in that: 1. The aul 3eration will be conducted within a building designed to buffer noise from the residential neighborhood to the south. 2. An 8-foot-high masonry wall is required along the southerly property line to buffer the use from the residential neighborhood to the south· 3. Lighting has been designed to not spill over on to adjacent residential properties and is required to be dimmed after 11:00 p.m. 4. Amplified sound generated bythe b '1 be restricted. The hours of operation 1' ~ :les (including the car wash) ara restricted to between the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, 8:00 a.m. to 1:00 p.m. Saturday, with ( (including the car wash) on Sundays. 6. Test driving of vehicles is prohibited in the adjacent residential neighborhood· The delivery of for-sale :1 vehicles to the site by truck is prohibited. Other d ' :1 to between daytime business hours of 8:00 a.m. and 5:00 p.m. Monday through Saturday. o Employee parking is prohibited from occurring in the adjacent residential neighborhood and, to ensure compliance, the applicant is required to be proactive in advising their employees of this requirement; ' ' .3 a · ' 175 on-site parking spaces for employees and Resolution No. P-02-06 Page 3 That the scale, bulk, coverage, and density' : with adjacent uses, in that the use will be located on a site that will be developed in accordance with established City zoning and development guidelines 1' projects. D. That th 31e public facilities, services, and utilities to serve the use. That there will not be a harmful effect upon desirable neighborhood characl that a number of Conditions of Approval are required of the project to minimize the potential for negative impacts on the adjacent residential neighborhood. That the generation of traffic will not adversely impact the surrounding :l/or the City's Cimulation Element in that the trail generated by the use can be readily handled by Poway Road. G. That th a designated 31e for the type and intensity of use and development proposed in site designed to comply with all City development standards. That there will not be significant harmful effects upon th quality and natural in that the partially developed subject property will be completely redeveloped and the use will operate within a building designed I 'late auto :1 repair use. I. That th :h l impacts of the proposed use that cannot be mitigated. Section 3: The City Council finds that, based on ongoing d ' 'l complaints from citizens, the additional Conditions of Approval applied to the project as part of the Modification of MCUP 99-03/DR 99-06 are necessary to ensure compliance with the project's original Conditions of Approval and the raquiraments of the Poway Municipal Code, and to protect the integrity of the adjacent residential neighborhood. Section 4: The City Council finds that th ~veh to/from the site, and the accompanying physical imf :1 the restrictions regarding the delivery of for-sale new or used vehicles to the site, are necessary to protect the integrity of the adjacent residential neighborhood immediately to the south of the project site, in that City Council may establish special performance standards b as part of the Minor Conditional Use/Development Review process to ensure compatibility of adjacent land uses Section 5: The City Council finds that th I the car wash hours of operation is necessary to protect the integrity of the adjacent residential neighborhood immediately to the south of the project site, in that City Council may establish special performance standards 1' part of the Minor Conditional Use/Development Review process to 3atibility of adjacent land uses. Resolution No. P-02-06 Page 4 Section 6: The findings for Development Review 99-06, pursuant to Section 17.52.010 of the Poway Municipal Code, are made as follows: The approved project will not have an adverse aesthetic, health, safety, or architecturally related impact upon adjoining properties, because the site and the buildings have been designed in accordance with the Zoning Ordinance with consideration for scale, size, orientation and architectural style, to provide a well balanced project. B. The development is in compliance with the City of Poway development standards. Co The development encourages the orderly and h 3p I structure and property within the City through il j/with the Zoning Ordinance, the Poway Road Specific Plan and the Poway General Plan, which provides high standards for development. Section 7: The City Council hereby approves a modification to Minor Conditional Use Permit 99-03 and Development Review 99-06 for an auto dealership on a 3.63-acre property located at 13741-13761 Poway Road within the ,~ General C zone subject to the conditions below. The project :approximately 22,550-square- feet of a new car sh building, a 1,572-square-foot detached used car showroom building, and a combined total of 75 employ parking spaces. Conditions, which constitute mitigation req are designated by the use of an asterisk (*). Ao Within 30 days of approval, (a) the applicant shall submit in writing that all Conditions of Approval have been read and understood, and (b)the property owner shall execute a Covenant Regarding Real Property. B= The use conditionally granted by this permit shall not be conducted in such as to interfere with th 31e use and enjoyment of surrounding residential and uses. This Minor Conditional Use Permit shall be subject to annual review by the Director of Development Services for compliance with the Conditions of Approval and to address concerns that may have occurred during the past year. If the permit is not in compliance with the Conditions of ^pproval, or the Development Services Department h -1 complaints, the required annual review shall be set for a public hearing before the City Council, to consider modification of the use permit. D= The applicant shall submit and cover the cost of staff t' the project. $1,000 deposit with the Planning Division to :ed with monitoring and : activities for F= H= Resolution No. P-02-06 Page 5 No for-sale vehicles, new or used, shall be delivered by truck to the site or from streets adjacent to the site. Vehicles shall either be delivered to 13742 Poway Road, or to the off-site vehicle delivery/storage site (which is planned for l Kirkham Road) and then individually driven to the site. The applicant shall actively participate with other auto dealers in the establishment of an offsite vehicle delivery/storage facility. The applicant shall not be financially obligated for the use ofthe facility until it : the facility. The cost to the applicant shall not exceed the fair rental value of the property or portion thereof. The applicant shall be responsible for advising all vehicle transporters of the applicable delivery location. The applicant shall submit a $2,500 deposit with the Planning Division to cover the cost of a noise study to be prepared by an independent, qualified acoustical p The study shall identify existing noise I :ed by th 3 facility, potential mitigation and projected noise I -I by the car wash facility with mitigal' Should the study conclude that noise could be mitigated to levels lower than that which currently exists, the applicant shall implement the :ted mitigation of the noise study to the sal I the Director of Development Services. After installation of the mitigation identified in the noise study, the applicant may submit a formal request to amend CUP 99-03/DR 99-06, with the applicable review fees, to allow extended hours of operation for the car wash facility. An additional noise study, which documents the noise I :ed by th ~ facility with mitigation in place, shall accompany the application. Demonstration that noise levels can be mitigated to a level lower than existing does not automatically entitle the applicant to extend the hours of operation for the carwash facility. The request will be considered by the City Council at a public hearing. Ingress and egress to the site from the two drive ways along Gate Drive shall be restricted and improved as follows: The northerly drive way shall be restricted to right turn out only (with :1 ingress turns). Redesign and physical modification of the northerly drive way is required, and shall ' :ruction of an angled exit lane and raised divider to guide right only turns, or other equally effective design. The southerly d ' ~all I~ ' ~ to ingress only. A spike strip, and appropriate warning signage, shall be installed along the driveway, outside of the public right of way. Prior to the installation~' I imp the applicant shall submit plans for the review and approval of the City Traffic Engineer and the Director of Development Services. Upon occupancy, the applicant shall comply with the following condir timing is indicated: :her I 1. *Outdoor lighting shall be shielded so that no light spillage shall encroach into adjoining residential properties or onto Poway Road. After 11:00 p.m., all Resolution No. P-02-06 Page 6 lighting shall be Iow-p -lium with overall wattage kept l ' ' in areas closest to the residential neighbors. Automatic timers shall be installed to insure compliance with the dark sky/Iow pressure sodium light requirement. The height of freestanding light posts shall not exceed 18 feet. *No amplified sound shall be generated bythe business; this includes but is not limited to paging, public address systems, music systems, secudty sy' ' y other such device, which may g :lible to the surrounding residents. *All repair and maintenance work shall be conducted within work bays. Mechanical equipment shall be sound buffered so as to produce the least audible noise possible to surrounding residents. The use of equipment, such as air tools and compressors, and th 3 shall be limited to between the hours of 8:00 a.m. and 5:00 p.m., Monday to Friday, and 8:00 a.m. and 1:00 p.m. on Saturday. Th 3all not be opened for b Sundays. *No vehicles are permitted to be road tested within the residential neighborhood to the south. *Deliveries (excepting the delivery of 1' J vehicles which is subject to the standards specified in Condition of Approval E) shall be restricted to the daytime business hours of 8:00 a.m. to 5:00 p.m. Monday through Saturday. Employee parking shall be prohibited within the residential neighborhood. The applicant shall provide all of its employees with a written parking policy that states the employees shall not park in the adjacent residential neighborhood. The applicant shall ensure that adequate parking for ~1 employees is provided onsite at all times. A ' ' I75 employee and customer parking spaces designated on the approved site plan on file with the City shall be designated as such with signage painted on the asphalt and shall at all times be kept free of vehicle for sale product. T 31lance with the traffic, parking and noise mitigation conditions, the b ~all provid 'y of the pert' :lards noted in this application permit to all managers, emplo~ 31oyees, and business representatives that have the potential to violate the noted conditions. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. Resolution No. P-02-06 Page 7 If the City d to establish a residential parking program for the adjacent residential neighborhood I ' ' the potential for Poway Honda overflow parking impacts to the neighborhood, the applicant shall be financially responsible to cover all the costs associated with the impl : the program. The applicant shall provide all employees with a map of the route to be used to test drive vehicles. The route shall not include Gate Drive or Fairgate Drive. The right turn only sign shall ~ at the driveways onto Gate Drive. The service bays shall not be used by employees or any other person after normal business hours to repair, wash, paint or otherwise work on any vehicle, truck, or motorcycle. The site shall be developed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. The Poway Road elevation of the new car showroom building plans are approved as follows: (a) The exterior finish of the entry rotunda and the 12- inch x 12-inch accent wave band may be metal, and (b) the color of the rotunda and accent band may be "Honda blue. The appropriate Building Division approvals and fees shall be received prior to Building Permit issuance. All new utilities shall be installed underground. Completion of undergrounding shall be prior I : a Certificate of Occupancy. School impact fees, which aro presently $0.33 per square foot of assessable area, shall be paid prior 1 : building permits. Approval of this request shall not 31lance with all ~ the Zoning Ordinance and all other applicable City Ordinances in effect at the time of building permit issuance. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ord ~:ect at the time of building permit issuance. 20. 21. 22. 23. 24. 25. 26. 27. 28. Resolution No. P-02-06 Page 8 *A slump block wall, ' ' : 8 feet in finished height wh ~ from the interior of the dealership property, shall be :1 along the southerly property line prior to certificate of occupancy. Trash receptacles shall be enclosed by 6-foot-high masonry walls with view- obstructing gates pursuant to City standards. Locations shall be subject to approval by the Development Services Department prior to building permit issuance. Ail roof appurtenances, including air conditioners, shall be architecturally integrated, screened f :1 sound buffered from adjacent properties and si :luired by the Development Services Department. *Wash bays and all .1 with ~all be designed to drain to sumps containing clarifier and separator systems which will adequately byproducts. Th ' ' .~ water will be plumbed to the publ' ystem. Design details shall be required upon building plan check suOmittal. Complete landscape d shall be submitted to and approved by the Development Services Department prior to th : building permits. Plans shall be prepared in accordance with City of Poway Guide to Landlscape Req ' (latest edition). This is a separate permit submittal to th.e Poway Development Services Department and a separate plan check from the building department. ^ concrete curb shall be constructed along the inside and outside of the landscape planter proposed along the easterly property line to define and contain the landscaping soil. Landscaped areas within the adjacent public right-of-way shall be permanently and fully maintained by the property owner. *Prior to grading permit issuance, the hazard ;~ shall be completed in accordance with the Woodward-Clyde report on file in the Development Services Department and post clean-up testing has been certified by the County Hazardous Management Department. All landscaped areas shall b :1 in a healthy and thriving condition, free from weeds, trash and debris. The trees shall be encouraged and allowed 1 Iural form. Pruning should b :11 ' the health of the trees and to protect the public safety. Unnatural pruning, including topping, is not permitted. Resolution No. P-02-06 Page 9 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. All signs proposed for this project shall be designed and approved in :h the Poway Sign Ordinance. A minimum of one parking stall per 400-square-feet of gross floor area is required for the project. Each of the required parking spaces shall have minimum d :8.5 feet x 18.5 feet. Project driveway entrances shall be enhanced with enriched paving. All parking lot landscaping shall includ ' ' :one 15-gallon size tree for every three spaces. For parking lot island ' ' 12-inch wide walk adjacent to parking stalls shall be provided and be separated from vehicular areas by a 6-inch high, 6-inch wide Portland ~. AII two-way traffic aisles shall b ' ' : 25 feet wide. A minimum 25- foot-wide emergency access shall be provided and maintained free and clear at all times during construction in accordance with Safety Services Department requirements. Permit and plan check fees shall be paid upon submittal of the grading plan. Development fees, including but not limited to, d :1 irrigation water service fees, remaining sewer sewer cleanout, and sewer inspection fees shall be paid prior to Building Permit issuance. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Ordinance, approved grading plan and geotechnical report, and accepted grading practices. A grading plan for the development of the property, prepared on a standard sheet of mylar and drawn at a scale of 1" = 20', shall be submitted to the City's Development Services Department for review and approval prior to : a grading permit and start of grading operation. Rough grading of the site must be completed and shall meet the City's Development S ~ector's approval prior to ' : a building permit. Existing telephone, gas, electric, water, sewer, and other public utility lines and appurl ~all be shown on the grading plans. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work. Copies of the report shall be submitted with the grading plan. All new slopes shall b 12:1 (horizontal to vertical). There shall be a 5-foot between toe of slope and face of curb. Resolution No. P-02-06 Page 10 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. A final compaction report shall be submitted and approved prior 1 of Building Permits. A certification of line and grade, prepared by the project civil engineer, shall be submitted prior I ~ Building Permits. Erosion control, including but not limited to desiltation basins, shall be installed and :t from October 15th to April 15th. A Irol plan shall be prepared by the project civil engineer and shall be submitted as part of the grading plan. The developer shall make provisions to insure the Prol: ~ all trol devices throughout their intended life. All pavement structural 3all be submitted to, and approved by the City Engineer. Pavement 3all conform to th ' ' :luired by the Poway Municipal Code Section 12.20.080. This includes the street, as well as the parking lot pavement. All existing unused driveways to the property shall be removed, and full curb, gutter, and sidewalk shall be restored to the City of Poway s standards. Weed and vegetation growth along the curb on Gate Drive shall be eliminated by the use of special weed killers, or other approved methods. All damaged off=site public works facilities, including parkway trees, shall be repaired and replaced priori I bonds and improvement, to the sat f the Director of Development Services. Prior to any work performed in the public right-of-way or City-held easements, a Right-of-Way Permit shall be obtained from the Engineering Services Division and appropriate fees paid, in addition to any permit required. All proposed driveways to the site shall be alley apron type entries per Regional Standard Drawing G-17 with handicap ramps on both sides, or as otherwise approved by the City Engineer. The proposed water and :tions for the new facility shall be made on Gate Drive, if possible, to avoid trenching and Poway Road. A new streetlight shall be provided by the developer on Gate Drive and on Poway Road [.,er the City of Poway standards, at I' 3 the property frontage as approved by the City Engineer. 51. 52. 53. 54. 55. 56, 57. 58. 59. 60. 61. 62. Resolution No. P-02~06 Page 11 drains shall be required at locations specified by the Director of Development Services and in accordance with standard engineering practices. A drainage system capable of handling and disposing of all surface water originating within the project, and all surface waters that may flow onto the project from adjacent lands, shall be required. Said drainage system shall include any and as required by the Director of Development Services to properly handle the drainage. Concentrated driveways and/or sidewalk shall not be permitted. Onsite valley gutters shall be ' ' feet wide. No parking space shall be allowed within City approved by the Director of Development Services. :herwise Applicant shall comply with City of Poway, State and Federal Regulations in regards to Storm Water Pollution control. All proposed utilities within the project shall be installed underground. Utility easements shall be provided to the specification of the serving utility companies an, d the Director of Development Services. The developer shall be responsible for the relocation and undergrounding of existing public utilities as required. W :lfire p to meet the req Department of Health. ystems shall be designed and constructed the City of Poway and the County of San Diego The need for the new fire hydrants will require the preparation of a water system analysis to establish the proper size and location of the public water system. The applicant shall pay to the City the cost of the preparation prior to the submittal of the grading plan. Water System Analysis 1' follows, and they may change at any time without prior notice: One Fire Serv;ce Two Fire Service More than Two Fire _ looped Onsite System $1,250.00 $1,850.00 $2,800.00 This approval is based on the existing site conditions represented on the proposed site plan. If the actual conditions vary from rep the site Resolution No. P-02-06 Page 12 plan must be changed to reflect the actual conditions. Any substantial changes to the site plan must be approved by the Director of Development Services, and may require approval of the City Council. 63. Prior to building permit' 3propriat paid tothe City s Engineering Division. These1' are subject to change: sewer fees shall be Ily in effect and Sewer C Fee Sewer Cleanout Sewer Inspection Sewer Line Charge = 53,599.00 (based on a total of 91fixture units) = 50.00/lateral = 25.00/lateral = 7,600.00 (t' Gate Drive) = 8,000.00 (t' Poway Road) Corresponding sizes for water meters (not less than one inch in size) shall be determined by the applicant/developer. Depending on the size of to be installed, the fees shall be the following: Meter Size Cost Lateral** SDCWA Fee* 1" $270.00 $1,430.00 $6,678.00 $2,536.00 1.5" $600.00 Cost $10,388.00 $4,755.00 2" $1,775.00 Cost $16,694.00 $8,242.00 Fora proposed :listed above, pi ,-'t the Engineering Division. This fee is subject to change without further notice. Applicable only to water meter for d The amount to be paid shall be that in effect at time of payment. ** No fee if installed by developer. 64. The following fees shall be paid :y bond posted pdort : a building permit. If a security bond is posted, payment of the fees shall be made prior to issuance of a Certificate of Occupancy. Once payment is received in full, said security bond could be released to the applicant: Traffic Mitigation Drainage Fee =$23,083.50 =$1,200.00 65. The seven lots shall be merged into one lot b ;~ancy is granted. 66. The applicant shall provide a traffic analysis and report to address existing and proposed development conditions to the Development Services 67. 68. 69. 70. 71. 72. 73. Resolution No. P-02-06 Page 13 Department. The report will include project tdp generation, distribution, and a traffic signal analysis of th : Poway Road and Gate Ddve. The report will identify the cost of a traffic signal and percentage of project trips in the int The applicant will deposit with the City, fund' l to cover the project pro rata share of said cost prior to Certificate of Occupancy. If a traffic signal is not constructed within 10 years of project approval, the deposit shall be returned to the property owner upon request. The traffic analysis and report shall include a review of site ingress and egress from Poway Road with :iations for safe access. The site grading and improvement plan shall incorporate the :iations. Roof covering shall be fire retardant as per UBC Section 3203(e) and City of Poway Ordinance No. 64. The building shall display th ' :Id 31e from the access street. M : the building numbers shall be 6 inches on the front facade of the building. Building address shall also be displayed on the roof in a manner satisfactory to the Director of Safety Services, and meeting Sheriff s Department ASTREA criteria. Every building hereafl :1 shall be accessible to Fire Department apparatus by way of :iways with all-weather driving surface of not less than 20 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus having a minimum of 13'6" of vertical The road surface type shall be approved by the City Engineer, pursuant to the City of Poway Municipal Code. The building will be required to install an approved fire sprinkler system meeting P.M.C. requirements. The entire system is to be monitored by a central monitoring company. System post indicator valves with tamper switches, :1, are to be located by the City Fire Marshal prior to installation. A Knox Security Key Box shall be required for the building at a location determined by the City Fire Marshal. A Knox padlock shall be required for the fire sprinkler system Post Indicator Valve. Fire Department access for use of fire fighting equipment shall be provided to the immediate job construction site at the start of construction and :1 at all times until construction is completed. Resolution No. P-02-06 Page 14 74. Permanent :lways for fire apparatus shall be designated as Fire Lanes with appropriate signs and curb markings. 75. Minimum 2A: 10BC fire extinguisher required for every 3,000 square feet and 75 feet of travel distance. 76. The addition of onsite fire hydrants is required. The location of the hydrants shall be determined by the City Fire Marshal. 77. Material SafeTy Data Sheets shall be required for all hazardous and/or toxic sub -1 in each building. 78. An Emergency Contingency Plan and Hazardous Materials D 3all be filed with the County of San Diego Department of Health and copies provided to the Fire Department. 79. Prior to delivery of combustible building material on site, water and sewer systems shall ' ' y pass all required tests and b -I to the publ :1 sewer systems, in addition, the first lift of asphalt paving shall be in place to provide adequate, permanent access for emergency vehicles. The final lift of asphalt shall not be installed until all other ~y has been substantially completed to the satisfaction of the City. 80. N.F.P.A. Standard 704, Hazardous Materials Labeling, shall be provided as necessary throughout the building. 81. An automal' ' ./stem shall be installed to approved standards by a propedy licensed contractor. System shall be completely monitored by a U.L. listed central 3any or proprietary · :ion. 82. The parcel is located within Landscape M ' District 86-3B. Section 8: The terms and conditions of Minor Conditional Use Permit 99-03 and Development Review 99-06 shall be binding upon the permittee and all persons, firms and corporations having an interest in the property subject to these permits and the heirs, ad and assigns of each of them, including municipal corporations, public ag :1 districts. Section 9: Resolution No. P-01-64 is hereby rescinded. - Resolution No. P-02-06 Page 15 APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 5th day of February 2002. ATTEST: ~11' Fe~cples,''~) ~ nne City Cle~ STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P- 02-06, was duly adopted by the City Council at a meeting of said City Council held on the 5th day of February 2002, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: HIGGINSON ne Peoples, City Clerk Poway