Res P-16-23RESOLUTION NO. P -16 -23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING SIGN PERMIT 16 -014
ASSESSOR'S PARCEL NUMBER 275 - 461 -11
WHEREAS, Pomerado Plaza Partners, LLC, the owner of developed commercial
office development located at 15706 Pomerado Road and in the Commercial Office (CO)
zone, has submitted a request to construct a freestanding sign up to 11 feet in height in
accordance with Poway Municipal Code (PMC) Section 17.40.260(G); and
WHEREAS, on August 2, 2016, the City Council considered the matter at a public
meeting.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: This project is exempt from the provisions of the California
Environmental Quality Act (CEQA), pursuant to Section 15311 of the CEQA Guidelines,
because it involves a minor accessory structure on a site which is already developed.
Section 2: The City Council finds, in accordance with PMC 17.40.260(G), for SP
16 -014 that the special situation in this case relating to topography on the site as
described in the agenda report on file for SP 16 -014 warrant a freestanding sign up to 11
feet in height to provide adequate visibility to the street.
Section 3: The City Council hereby approves SP 16 -014 subject to the following
conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents,
officers, or employees, relating to the issuance of this permit including, but not
limited to, any action to attack, set aside, void, challenge, or annul this
development approval and any environmental document or decision. The City may
elect to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all of the costs related thereto,
including without limitation reasonable attorney's fees and costs. In the event of a
disagreement between the City and applicant regarding litigation issues, the City
shall have the authority to control the litigation and make litigation related
decisions, including, but not limited to, settlement or other disposition of the matter.
However, the applicant shall not be required to pay or perform any settlement
unless such settlement is approved by applicant.
Resolution No. P -16 -23
Page 2
B. A building Permit is required. The site plan submitted for plan check with the
Building Permit application shall clearly show that the sign and its footing are not
within the public right of way. The location of the public right of way shall be clearly
marked on the site before final inspection at the applicant's expense.
Section 4: This approval shall expire on August 2, 2018, at 5:00 p.m. unless, prior
to that time, a Building Permit in reliance on this approval has commenced prior to its
expiration.
Section 5: The parties are hereby informed that the time within which judicial
review of this decision must be sought is governed by Section 1094.6 of the California
Code of Civil Procedure.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 2nd day of August 2016.
0
Steve Vaus, Mayor
ATTEST:
Nandy N fe , C C, City Clerk
Resolution No. P -16 -23
Page 3
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO)
I, Nancy Neufeld, CIVIC, the City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. P -16 -23 was duly adopted by the City
Council at a meeting of said City Council held on the 2nd day of August 2016 and that it
was so adopted by the following vote:
AYES: LEONARD, GROSCH, MULLIN, CUNNINGHAM, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
a y euf Id, MC, City Clerk
City of Poway