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Res P-03-72 RESOLUTION NO. P-03-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING HILLSIDE/RIDGELINE MDRA 03-46 ASSESSOR'S PARCEL NUMBER 321-220-10 WHEREAS, Hillside/Ridgeline MDRA 03-46, submitted by Bruce and Jennifer Bowman, Applicants, requests approval to construct a 6,000-square-foot, single-story residence on Parcel 3 of Parcel Map 10313 located at the southerly terminus of Golden Sunset Court. The subject property is located in the Rural Residential-A (RR-A) zone; and WHEREAS, on October 21, 2003, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The City Council has considered the Environmental Initial Study (ELS), Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program shown as Exhibit A of this Resolution for Minor Development Review 03-46. The subject ElS 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 significant impact on the environment, that the mitigation measures contained in the ElS and Exhibit A hereof 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 approves the MND and the associated Mitigation Monitoring Program attached to this Resolution as Exhibit A. Section 2: Pursuant to the City of Poway Habitat Conservation Plan (Poway HCP), a biological report and an addendum letter prepared by Vince Scheidt, Biological Consultant, dated September 2002 and August 26, 2003, respectively, were submitted for the property. Development on Parcel 3 will impact approximately 1.99 acres of Coastal Sage Scrub habitat located on property that is inside of the Mitigation Area of the Poway HCP. In accordance with the Poway HCP, the required findings for approval of the proposed mitigation for the removal of Coastal Sage Scrub habitat for Minor Development Review 03-46 are as follows: A. The proposed project is inside of the Mitigation Area of the Poway HCP. The mitigation is consistent with and furthers the implementing objectives of the Poway HCP in that the applicant will mitigate impacts to 1.99-acres of Coastal Sage Scrub habitat at a 2:1 ratio. Said mitigation will be through on-site and possibly off-site dedication of suitable Coastal Sage Scrub habitat and the Resolution No. P-03-72 Page 2 recordation of a biological conservation easement deed preserving comparable undisturbed and unencumbered habitat of equal or greater conservation value located within the HCP Mitigation Area, and/or by the payment of Habitat Mitigation In-Lieu Fees ($10,000/acre). B. Preservation of such habitat within the Mitigation Area and/or payment of In-Lieu Fees will contribute toward the building of the ultimate total Mitigation Area preserve system of the HCP. Therefore, such habitat preservation and/or payment of In-Lieu Fees will serve to enhance the long-term viability and function of the preserve system. C. The habitat preserved through on-site and possibly off-site dedication, or purchased by Habitat Mitigation In-Lieu Fees paid will be to the long-term benefit of the PSHCP covered species and their habitats in that the recordation of a Biological Conservation Easement deed over undisturbed and unencumbered habitat (See "A" above) and/or the payment of In-Lieu Fees, will promote a meaningful addition to the assembly of a viable regional system of uninterrupted natural habitat resources, habitat linkages, buffers, and wildlife corridor. D. The preserved habitat will foster the incremental implementation of the PSHCP in an effective and efficient manner in that the preservation of on-site and possibly off-site conservation area(s) will be within an identified Mitigation Area within the City, and/or the payment of In-Lieu Fees will likewise contribute towards, assembling the total Mitigation Area preserve system. E. The preserved habitat will not result in a negative fiscal impact with regard to the successful implementation of the PSHCP as the subject mitigation lands will be dedicated to the City of Poway in fee title and/or placed within permanent public biological conservation easement deeds or In-Lieu Fees will be paid. Section 3: The findings, in accordance with Section 17.52 of the Poway Municipal Code to approve Minor Development Review 03-46 as shown on plans dated August 11, 2003, on file with the Planning Division, are made as follows: A. That the project consists of the construction of a single family residence that is compatible with the design of homes in the surrounding area and will not create negative visual impacts and therefore respects the interdependence of land values and aesthetics to the benefit of the City; and B. That the approved project will not have an adverse effect on the aesthetics, health, safety, or architecturally related impact upon adjoining properties, as the residence is consistent with surrounding residential development. Therefore, the proposed design, size, and scale of the proposed residence is compatible with Resolution No. P-03-72 Page 3 and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources; and C. That the granting of the Minor Development Review would not be materially detrimental to the public health, safety, or welfare since the proposed use will complete improvements necessary for construction that are consistent with the codes of the City of Poway; and D. That the approved development encourages the orderly and harmonious appearance of structures and property within the City as the neighboring properties consist of rural residential estate lots. Therefore, the proposed development respects the public concerns for the aesthetics of development; and E. That the proposed development will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity as it complies with City Zoning standards (height, lot coverage, setbacks, etc.). The project also complies with all of the development strategies and requirements of the Poway General Plan and the Poway Habitat Conservation Plan as hereafter set forth. In this case it is necessary to reconcile General Plan Hillside Development Strategies that require, on the one hand, maximum height of driveway slopes not exceeding 10 feet, and, on the other, the least grading or other alteration of existing contours. Because of the steepness of the topography in the area of the proposed driveway providing shared access for Parcel 3 and the parcel immediately north (APN 321-220-13), retaining walls have been incorporated into the grading design to reduce grading and slope height. Along approximately half of the 260-foot-long shared portion of the shared driveway with APN 321-220-13, the maximum combined height of the driveway slope and adjacent 6-foot-high retaining wall will range from 11 to 16 feet. These heights exceed the driveway slope height General Plan Strategy requirement by I to 6 feet. Reconciliation of General Plan Strategies in favor of reduced grading and landform alteration is proper in this situation because the shared driveway design will actually reduce the amount of grading and hillside scarring for the two projects. The project will result in less visual impacts by reducing grading and land alteration. In this case, minimizing the amount of grading is a Hillside Development Strategy of the General Plan of more importance than the strategy limiting wall and slope heights. Section 4: The City Council hereby approves Minor Development Review Application 03-46, to allow the construction of a 6,000-square-foot, single-stow residence on the vacant lot (APN 321-220-10) located at the southerly terminus of Golden Sunset Court in the Rural ResidentiaI-A zone as shown on plans dated August 11, 2003, subject to the following conditions: Resolution No. P-03-72 Page 4 A Approval of this Minor Development Review Application shall apply only to the subject project, and shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at the time of Building Permit issuance. B. Within 30 days of approval the applicant shall submit in writing that all conditions of approval have been read and understood. C. Future grading of the hillside portions of the subject lot pursuant to the City of Poway Hillside/Ridgeline Review Map (Major Topographical Features - Figure 9 of the 1983 Poway Comprehensive Plan) shall be prohibited unless approved by the City Council. D. All construction and grading traffic associated with the project shall access the site via Golden Sunset Lane and Golden Sunset Court. E. Within 30 days of approval the applicant shall cause the preparation and recordation of 20' wide public easement for the entire length of waterline required of this project to the satisfaction of the City Engineer. A $1,000 processing fee for the easement documents shall be paid to the City. F. Prior to issuance of a Grading Permit, the applicant shall comply with the following: 1. Submit a grading plan for the development of the lot prepared on a City of Poway standard Mylar at a scale of 1"=20', along with a Grading Permit application and applicable fees to the Development Services Department - Engineering Division for review and approval. A grading plan submittal checklist is available at the Engineering Division front counter. As a minimum, the grading plan shall show the following: a. All new slopes with a maximum 2:1. Tops and toes of graded slopes shall be shown with a minimum five-foot setback from open space areas and property lines. Buildings shall be located at least five feet from tops and toes of slopes, unless waived by the Planning Division and/or Engineering Division prior to issuance of a Grading Permit. b. Driveways, in compliance with the specifications provided in Section 17.08.170D of the Poway Municipal Code, and including minimum structural sections together with their elevations and grades. Resolution No. P-03-72 Page 5 c. A separate erosion control plan for prevention of sediment run-off during construction. d. All utilities (proposed and existing), together with their appurtenances and associated easements. Encroachments are not permitted upon any easement without an approved encroachment agreement/permit. e. Locations of all utility boxes, clearly identified in coordination with the respective utility companies, and approved by the City prior to any installation work. f. Location of the required 15-foot recreational trail easement with 8- foot-wide improvements along the northerly limits of the subject property. g. Top and bottom elevations of all retaining walls. The maximum height of a retaining wall cannot exceed 6 feet. h. Fire protection zones pursuant to the Fire Management Zone. i. Limits of clearing/grading in defining the 2-acre maximum native habitat removal. j. The location of the biological conservation easement area. 2. A soils/geological report shall be prepared by an engineer licensed by the State of California to perform such work, and shall be submitted with the grading plan. 3. A drainage study using the 100-year storm frequency criteria shall be submitted with the grading plan. The drainage system shall be capable of handling and disposing all surface water within the project site and all surface water flowing onto the project site from adjacent lands. Said system shall include all easements required to properly handle the drainage. Concentrated flows across driveways are not permitted. 4. The grading plans shall include the extension of the private road, known as Golden Sunset Court, and the driveway to the subject parcel. The minimum private road width of 20 feet shall be extended to a point until access is provided to two or less parcels. 5. Prior to issuance of a Grading or Building Permit, whichever occurs first, and if construction of this project is to disturb one acre or more, the applicant shall file with the State Regional Water Quality Control Board a Resolution No. P-03-72 Page 6 Notice of Intent (NOI) for coverage under the statewide General Permit that covers stormwater discharges. Proof of filing of the NOI and an assigned Waste Discharge Identification Number shall be submitted to the Development Services Department Engineering Division prior to issuance of a Grading or Building Permit. Applications may be obtained by contacting: California Regional Water Quality Control Board San Diego Region 9174 Sky Park Court, Suite 100 San Diego, CA 92123 (858) 467-2952 6. If construction of this project is to disturb one acre or more, the owner shall prepare a Storm Water Pollution Prevention Plan (SWPPP) that effectively addresses the elimination of non-storm runoff into the storm drain system. The SWPPP shall include, but not be limited to, an effective method of hillside erosion and sediment control; a desilting basin with a capacity of 3,600 cubic feet of storage per acre drained, or designed to remove fine silt for a ten-year, six-hour storm event; a material storage site; measures to protect construction material from being exposed to storm runoff; protection of all storm drain inlets; on-site concrete truck wash and waste control; and other means of Best Management Practices to effectively eliminate pollutants from entering the storm drain system. The engineer shall certify the SWPPP prior to issuance of a Grading or Building Permit. 7. The drainage design on the grading plans shall demonstrate compliance with the City's Standard Urban Stormwater Mitigation Plan (SUSMP) Ordinance. 8. The applicant shall submit plans to the Engineering Division for review and approval for public waterline improvements between Golden Sunset Court and Mountain Road, designed in accordance with the June 2003 water systems analysis prepared for the subject site. 9. The applicant shall pay all applicable engineering, plan checking, permit, and inspection fees. 10. The applicant shall submit to the City letters of permission from the affected property owner for all off-site grading. Resolution No. P-03-72 Page 7 11. Grading securities in the form of a performance bond and a cash deposit, or a letter of credit, shall be posted with the City prior to grading plan approval. A minimum cash security of $2,000 is required. 12. Should there be a need for a new fire hydrant, the applicant shall apply for a water system analysis to establish the proper size and location of the public water system. The fee for the analysis is $1,250. If a hydrant is required, the applicant shall submit improvement plans, along with plan check and inspection costs for this improvement. Improvement plans shall be submitted for approval by the Engineering Division. The developer shall pay plan check and inspection costs. 13. Prior to any clearing, grubbing or grading, the applicant shall comply with the following: a. At a minimum, all protected areas as shown on the grading plans shall be staked by a licensed surveyor and delineated with lathe and ribbon. The applicant shall have said staking inspected by the Engineering Inspector prior to grading. A written certification from the engineer of work or a licensed surveyor shall be provided to the Engineering Inspector stating that all protected areas are staked in accordance with the approved project plans. 14. The applicant shall attend a pre-construction meeting, at which time they shall present an Action Plan that identifies measures to be implemented during construction to address erosion, sediment and pollutant control. Compliance for erosion control can be provided using one or more of the following guidelines: a. Provide an on-site desiltation basin with a volume based on 3,600 cubic feet per tributary acre drained. b. Cover all flat areas with an approved mulch. c. Install an earthen or gravel bag berm that retains 3 inches of water over all areas prior to discharge, effectively creating a desiltation basin from the pad. 15. Prior to start of any work within City-held easements 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. Resolution No. P-03-72 Page 8 16. Prior to any rock blasting, a pre-blast survey of the surrounding properties shall be conducted to the satisfaction of the Director of Development Services, and a blasting permit shall be obtained from the Engineering Division. Seismic recordings shall be taken for all blasting. Blasting shall occur only at locations and levels approved by the Director of Development Services. 17. According to the habitat assessment and area calculations prepared by Vince Scheidt, the project will impact 1.99 acres of CSS. Impacted CSS habitat shall be mitigated at a minimum of a 2:1 ratio for 3.98 acres of undisturbed unencumbered native CSS habitat. Habitat mitigation shall be completed as follows: a. The subject property is located inside of the Poway Subarea Habitat Conservation Plan (PSHCP) Mitigation Area; therefore, on- site dedication of 3.98 acres of unencumbered habitat of equal or greater conservation value is required. Said on-site dedication shall require the applicant to place 3.98 acres of in-kind habitat in a Biological Conservation Easement. Said Conservation Easement shall be approved by the Director of Development Services and shall be notarized and recorded with the County of San Diego at the cost of the applicant. In compliance with the PSHCP, the City shall subsequently re-zone the mitigation land to Open Space- Resource Management to insure its permanent preservation. If an adequate amount of unencumbered on-site habitat land is not available, the applicant may complete the mitigation requirement through off-site dedication of unencumbered like quality and type habitat located within the Mitigation Area, or payment of a Habitat Mitigation In-Lieu Fee. Presently the Habitat Mitigation In-Lieu Fee is $10,000/acre. b. In accordance with Condition H of the PSHCP Incidental Take Permit, a take of active California Gnatcatchers nests, which includes harassment of the bird due to grading noise and vibrations from February 15 through July 1, is not permitted. Therefore, grading during this timeframe will only be permitted subject to the following conditions having been met to the satisfaction of the Director. The applicant is hereby advised that, during grading, if active nests are found within 500 feet of the grading, the grading activity shall be stopped until such time as mitigation measures to the satisfaction of the City and the United States Fish and Wildlife Service (USFWS) Resolution No. P-03-72 Page 9 are implemented. There is no guarantee that grading will be allowed to resume. · If grading or clearing is to occur between February 15 and July 1, the applicant shall provide to the Planning Division a letter from a qualified biologist (retained by the applicant) with a scope of work for CSS habitat and Gnatcatcher survey, and report for the area to be cleared and/or graded and CSS habitat areas within 500 feet of such area. The biologist shall contact the USFVVS to determine the appropriate survey methodology. The purpose of the survey is to determine if any active Gnatcatcher nests are located in the area to be cleared or graded or in CSS habitat within 500 feet of such area. To be considered qualified the biologist must provide the City with a copy of a valid Gnatcatcher Recovery Permit from the USFWS. · The scope of work shall explain the survey methodology for the biological survey and the proposed Gnatcatcher nest monitoring activities during the clearing/grading operation. · Should the report show, to the satisfaction of the Director of Development Services, that Gnatcatcher nests are not present within the area to be graded/cleared or within CSS habitat located within 500 feet of said area, approval may be granted to commence clearing/grading within the Gnatcatcher nesting season from February 15 through July 1. · If Gnatcatchers are present within the area to be graded/cleared or within CSS habitat located within 500 feet of said area no grading will be allowed during this time. c. The biologist must attend the City's pre-construction meeting for the project and must be present on-site during all clearing/grading activities to monitor that the clearing/grading activities stay within the designated limits. During this period, the biologist shall also monitor and survey the habitat within the area to be cleared/graded and any habitat within 500 feet of said area on a daily basis for any evidence that a Gnatcatcher nest(s) exists or is being built. Weekly monitoring summaries shall be submitted to the Planning Division. Should evidence of a Gnatcatcher nest(s) be discovered, the grading operation shall cease in that area and be directed away from the Gnatcatcher nest(s) to a location greater than 500 Resolution No P-03-72 Page 10 feet away from the nest(s). If grading is required to stop due to the presence of active nests, the applicant shall provide erosion control to the satisfaction of the City Engineer. This paragraph must be included as a note on the cover sheet of the clearing/grading plan. d. Upon completion of the clearing/grading activities, the applicant's biologist shall submit to the Director of Development Services a biological monitoring report summarizing the daily observations of the biologist, including whether any Gnatcatchers or evidence of active Gnatcatcher nests were present during clearing and grading activities within the area and any habitat within 500 feet of said area. e. At a minimum, all protected areas, as shown on the grading plan, shall be staked by a licensed surveyor, and delineated with lathe and ribbon. The applicant shall have said staking inspected by the Engineering Inspector prior to any grading, clearing, or grubbing. A written certification from the engineer of work, or a licensed surveyor, shall be provided to the Engineering Inspector stating that all protected areas are staked in accordance with the approved project plans. f. The biologist shall provide the City with written confirmation that the limits of clearing/grading are in accordance with the project's Biological Resource Assessment. G. Compliance with the following conditions is required during grading operations: 1. The site shall be developed in accordance with the approved site plans on file in the Development Services Department and the conditions contained herein. Grading shall be in accordance with the Uniform Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City. 2. Erosion control, including, but not limited to, desiltation basins, shall be installed and maintained by the developer throughout the duration of the construction period. The developer shall maintain all erosion control devices throughout their intended life. H. Prior to construction, the applicant shall obtain a Building Permit. Prior to issuance of a Building Permit, the applicant shall comply with the following: Resolution No. P-03-72 Page 11 1. The site shall be developed in accordance with the approved plans dated August 11, 2003, and conditions of approval on file in the Development Services Department and the conditions contained herein. Grading shall be in accordance with the Uniform Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City. 2. The applicant shall comply with the latest adopted Uniform Building Code, National Electric Code, and all other applicable codes and ordinances in effect at the time of Electrical/Building Permit issuance. 3. Building Permit plans shall show the proposed colors, texture and type of the exterior building materials for the residence 4. School impact fees shall be paid at the rate established at the time of Building Permit issuance. Please contact the Poway School District for additional information at (858) 748-0010, ext. 2089. 5. The plans shall show all existing and new utilities placed underground. 6. Payment of the Affordable Housing In-Lieu Fee in the amount of $4,500 (fee based on the residence being 6,000-square-feet). 7. A $2,000 erosion control cash security shall be posted with the City. Erosion control, including, but not limited to, desiltation basins, shall be installed and maintained by the developer throughout the duration of the construction project. The developer shall maintain all erosion control devices throughout their intended life. 9. Rough grading is to be completed and meet the approval of the City Inspector, and shall include submittal of the following: a. A certification of line and grade for the lot, prepared by the engineer of work. b. A final soil compaction report for review and approval by the City. 10. Prior to start of any work within City-held easements, right-of-way, or open space property, 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 Resolution No. P-03-72 Page 12 11. Prior to delivery of combustible building materials, on-site water and fire hydrants shall satisfactorily pass all required tests and be connected to the public water system. 12. The following development fees shall be paid to the Engineering Services Department prior to Building Permit issuance. These fees are currently in effect and are subject to change. Water: Meter Size Cost Expansion Fee **SDCWA Fee Service Line ~ -inch $130 $3,710 $2,004 $1,430 '1 -inch $270 $6,678 $3,206 $1,430 * If a 1" meter is required only for fire safety/sprinklers, then ~" fees for expansion and SDCWA will be applicable. **To be paid by separate check, payable to San Diego County Water Authority. Sewer: Connection Cleanout box Inspection Indirect Benefit $2,356 $50 $25 N/A Traffic Mitigation $990 Park $2,720 Drainage $1,570 13. A Deed Covenant shall be recorded on the property detailing that it is the property owner's responsibility to complete regular inspection and maintenance of required structural Standard Urban Storm Water Management Plan improvements on an annual basis to ensure proper operation and functioning. I. Prior to the issuance of a Certificate of Occupancy, the applicant shall comply with the following: 1. An adequate drainage system around the building pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector. Run-off shall not be permitted to pond near the house foundation, or cause surface erosion along the slopes. Large concentrated flows over the driveway and onto the street are not permitted. 2. All existing and proposed utilities within the project site shall be installed underground. Resolution No. P-03-72 Page 13 3. The developer shall repair, to the satisfaction of the City Engineer, any and all damages to the private road improvements caused by construction activity from this project. 4. Record drawings, signed by the engineer of work, shall be submitted to Development Services prior to a request for occupancy, per Section 16.52.130B of the Grading Ordinance. Record drawings shall be submitted in a manner to allow the City adequate time for review and approval prior to issuance of occupancy and release of grading securities. 5. The site shall be developed in accordance with the approved plan on file in the Development Services Department and the conditions contained herein. A final inspection from the appropriate City Departments will be required. 6. All exposed slopes greater than 5:1 slope shall be planted and irrigated. A variety of plant material shall be used (ground cover, shrubs and trees). 7. Road improvements, driveways, drainage facilities, slope landscaping and protection measures, and utilities shall be constructed, completed, and inspected by the Engineering Inspector. The driveway shall be constructed in accordance with Poway Municipal Code, Section 17.08.170D, and its structural section shall be shown on the grading plan. 8. A private road construction and maintenance agreement, in a form satisfactory to the City Attorney, for the private road between the driveway to the subject property and the nearest public road shall be executed by the owner. Said agreement is to comply with Ordinance No. 280, Poway Municipal Code section 12.20.060. J. The following improvements shall be constructed to the satisfaction of the Director of Safety Services: 1. Roof covering shall be fire retardant as per UBC Section 1503 and 1504, UBC Standard 15-2 and City of Poway Ordinance No. 64 and its amended Ordinance No. 526. 2. Approved numbers or addresses measuring 4 to 6 inches in height shall be placed on the building in such a position as to be plainly visible and legible from the street fronting the property. Said numbers shall contrast with their background. Addresses shall be required at private driveway entrances. Resolution No P-03-72 Page 14 3. Each chimney used in conjunction with any fireplace shall be maintained with a spark arrester. 4. The applicant shall comply with the City of Poway Guide to Landscape Maintenance as it relates to fuel management zones. 5. The access roadway shall be extended to within 150 feet of all portions of the exterior walls of the first stow of any building. Where the access roadway cannot be provided, approved fire protection system(s) shall be provided as required and approved by the Chief. 6. A residential fire sprinkler system with a one-inch meter will be required. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (If a one-inch lateral off the street main is currently not present, one will have to be installed ) 7. Dead-end access roadways in excess of 150 feet long shall be provided with approved provisions for the turning around of Fire Department apparatus. Curves and topographical conditions could alter the requirements for turnarounds and the width of access ways. K The following improvements shall be completed to the satisfaction of the Director of Public Works: 1, A minimum 15-foot-wide trail easement shall be dedicated along the northerly limits of the subject property line. Said trail shall be improved to an 8-foot width and have a surface consisting of 4 inches of decomposed granite. Section 5: The approval of Minor Development Review Application 03-46 shall expire on November 4, 2005, unless a Building Permit has been issued, and construction or use of the property in reliance on this permit has commenced prior to its expiration. Resolution No. P-03-72 Page 15 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, this 4th day of November 2003. M~chael~. Cafagna, M, ATTEST: Lori ]~nne Peoples, City Clerl~ 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-03-72 duly adopted by the City Council at a meeting of said City Council held on the 4th day of November 2003, and that it was so adopted by the following vote: AYES: GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: EMERY ABSENT: NONE CityL-'~i ~o~ nne Poway P~oples, C~ty Cl~k---