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Res P-04-13 RESOLUTION NO. P-O4-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 03-10, VARIANCE 03-10 AND DEVELOPMENT REVIEW 03-11 ASSESSOR'S PARCEL NUMBER 317-021-25. WHEREAS, Conditional Use Permit (CUP) 03-10, Variance (VAR) 03-10 and Development Review (DR) 03-11 was submitted by Ismail A. Aqil, Applicant, to allow for the construction of an auto repair building and legalization of an equipment rental facility (U-Haul) on an existing developed commercial site. The request also includes a Variance to allow the new auto repair facility to observe a O-foot setback where a 25- foot setback is required adjacent to a residential zone. The subject property is located in the Commercial General (CG) zone, and; WHEREAS, on February 27,2004, 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 (EIS), Negative Declaration (ND), and public comments received on the EIS and ND. The subject EIS and ND 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, and that the ND reflects the independent judgment and analysis of the City. The City Council hereby approves the ND. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code, for Conditional Use Permit 03-10 to construct a 5,000-square-foot auto repair building and legalize an equipment rental facility on an approximately 0.76-acre partially developed property located on the west side of Pomerado Road, north of Poway Road in the Commercial General zone, are made as follows: A. The location, size, design, and operating characteristics of the proposed auto repair and equipment rental facility is in accord with the title and purpose of Chapter 17.48 of the Poway Municipal Code (Conditional Use Permit Regulations), the CG zone, the City General Plan, and the development policies and standards of the City in that auto repair facilities and equipment rental facilities are allowed with a Conditional Use Permit, the project will not significantly impact traffic circulation or parking, and the facility has been designed and sited such that it will be compatible with the surrounding development. Resolution No. P-Q4-13 Page 2 B. The location, size, design, and operation characteristics of the proposed auto repair building and equipment rental facility will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structure, or natural resources in that the facility will be located on a vacant portion of a previously developed lot, has been designed and sited such that it will provide parking and a screening wall. C. The proposed auto repair building and equipment rental facility is in harmony with the scale, bulk, coverage, and density of, and is consistent with, adjacent uses in that the design of the proposed facility is consistent and complimentary to surrounding buildings. D. There are adequate public facilities, services, and utilities available at the subject site to serve the proposed use. E. There will not be a harmful effect upon the desirable surrounding property characteristics in that the design of the proposed facility will be consistent and complimentary to buildings within the surrounding area. The bay doors will be oriented away from adjacent residential uses. F. The generation of traffic will not adversely impact the capacity and physical character of the surrounding streets in that the proposed use provides on-site parking as required by the Zoning Code requirements and will take access from Pomerado Road. G. The site is suitable for the type and intensity of use and development, which is proposed in that the proposed project is located along Pomerado Road and in the vicinity of existing commercial development. H. There will not be significant harmful effects upon environmental quality and natural resources in that the proposed auto repair building and equipment rental facility is located on a previously disturbed property, and does not involve the removal of significant natural habitat resources. I. There are no relevant negative impacts associated with the proposed auto repair building and equipment rental use that cannot be mitigated. J. That the potential impacts, and the proposed location, size, design, and operating characteristics of the proposed project will not be materially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan, in that the auto repair building has been designed and sited such that no visual impacts will result, and the overall site development will be in compliance with design standards of the General Plan. The auto repair bay doors have been oriented away from the adjacent residential uses so that the visual impacts from Resolution No. P-04-13 Page 3 a commercial business will be reduced. Additionally, with the doors directed to the south, the noise from the use will be reduced. K. The proposed auto repair building and equipment rental facility will comply with all the applicable provisions of Chapter 17.48 of the Poway Municipal Code in that the facility has been designed and sited such that it will not result in visual impacts. Section 3: The findings, in accordance with Section 17.52.010 of the Poway Municipal Code for DR 03-11, for an auto repair building, are made as follows: A. The development will not have an adverse aesthetic, health, safety, or architecturally related impact upon adjoining properties because the structure has been designed to be architecturally compatible with adjacent commercial and apartment buildings in the area. B. The development encourages the orderly and harmonious appearance of structure and property within the City through its consistency with the City of Poway development standards and compatibility with surrounding architectural themes. Section 4: The findings, in accordance with Section 17.50.050 of the Poway Municipal Code, to approve Variance 03-10 to allow a O-foot street side yard setback rather than the required 25-foot setback for a 5,000-square-foot storage building and trash enclosure located at 13530 Pomerado Road in the Commercial General (CG) Zone, as shown on the site plan dated December 1, 2003, are made as follows: A. That there are special circumstances applicable to the property and because of this the strict application of the zoning ordinance deprives the property of privileges enjoyed by other properties in the vicinity. The special circumstances include the fact the subject parcel is long and narrow, and has increased setback requirements because it is adjacent to a residential zone; and, B. Granting the Variance is necessary for the preservation and enjoyment of a substantial property right enjoyed by other property owners in the same vicinity and not afforded to the property for which the Variance is sought because the developable area of the lot is minimal because of the shape of the property, is constrained between the lack of developable space and adjoining developed existing commercial uses to the south; and, C. Granting the Variance would not be materially detrimental to the public health, safety, or welfare in the vicinity in that the proposed auto repair building and trash enclosure will be constructed and painted to match the existing liquor store; and will provide a noise buffer for the adjoining residential use to the north; and the Resolution No. P-04-13 Page 4 auto repair doors will be oriented away from the residential uses to reduce noise and visual impacts; and the additional landscape screening will also provide a visual buffer to nearby commercial uses; and, D. That the granting of this Variance does not constitute a special privilege that is inconsistent with the limitation upon other properties in the vicinity and zone in that the existing commercial use to the south also observes a O-foot setback; and, E. Granting the Variance would not allow a use or activity not otherwise expressly authorized in the CG zone with the approval of a Conditional Use Permit; and F. That the proposed Variance will be compatible with the City's General Plan because the use/facilities are permitted with the approval of a Conditional Use Permit. Section 5: The City Council hereby approves CUP 03-10, VAR 03-10 and DR 03-11 to allow for the construction of an auto repair building and legalization of an equipment rental facility (U-Haul) on an existing developed commercial site. The request also includes a Variance to allow the new auto repair facility to observe a O-foot setback where a 25-foot setback is required adjacent to a residential zone, as shown on the plans dated December 1 , 2003, subject to the following conditions: A. Approval of this CUP, VAR and DR request 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 the date of this approval: (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owners shall execute a Covenant Regarding Real Property. C. The use conditionally granted by this approval shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding uses. D. The conditions of CUP 03-10, VAR 03-10 and DR 03-11 shall remain in effect for the life of the subject auto repair building and equipment rental facility, and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. E. CUP 03-10, VAR 03-10 and DR 03-11 may be subject to annual review as determined by the Director of Development Services for compliance with the conditions of approval and to address concerns that may have been raised during the prior year. Resolution No. P-Q4-13 Page 5 F. The applicant shall submit and receive approval of a Grading Plan within 90 days of this approval. If no Grading Permit is approved within this time the equipment rental business shall cease and all equipment removed from the site by May 1, 2004. G. Upon approval of the Grading Permit, the applicant shall diligently pursue construction of the parking lot, and walls to legally establish the equipment rental business. If the Director determines that adequate progress is not being made in reliance on this CUP the matter may be scheduled for Public Hearing for reconsideration. H. Prior to Grading Permit issuance, unless other timing is indicated, the applicanUdeveloper shall complete the following: 1. A grading plan for development of the lot prepared on a City of poway standard mylar at a scale of 1" = 20', shall be submitted 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. 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 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. 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 AgreemenUPermit. 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. Resolution No. P-Q4-13 Page 6 1. Paving of the parking lot shall conform to the standards set forth in Section 12.20.080 of the Poway Municipal Code. g. Retaining walls with top and bottom elevations. 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 1OO-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 demonstrate that drainage catch basins, inlets, grate basins or similar structures shall be designed to be equipped with structural Best Management Practices (BMP's) for interception of pollutants and/or sediments before leaving the project site. BMP's are subject to review and approval of the City. 5. The grading plans shall demonstrate the project is in compliance with the Standard Urban Stormwater Management Plan Ordinance No. 569. 6. The applicant shall pay all applicable engineering, plan checking, permit, and inspection fees, as follows: Grading Permit = $100.00 per permit Grading plan check = To be determined based on the following: If the construction cost estimate is: $1 to $25,000 = fee is 5% ($500 min.) $25,001 to $50,000 = add' fee of 4% of cost $50,001 to $100,000 = add' I fee of 3% of cost $100,001 to $500,000 = add' I fee of 2% of cost over $500,000 = Time and materials Grading Inspection = To be determined on the same basis as in grading plan check fee calculation Resolution No. P-O4-13 Page 7 Construction cost estimates are calculated based on City approved unit costs and prepared by the applicant's project civil engineer. Geotechnical Reviews - $1,300.00 (Limited to 1 review of preliminary soils report and 1 review of compaction report. Additional reviews fees will be charged if necessary.) Stormwater Treatment Review - $500 7. 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 of $2,000 cash security deposit is required. 8. 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. 9. Should there be a need for a new fire hydrant, a water system analysis shall be prepared to establish the proper size and location of the public water system. Applicant shall pay to the City the cost of preparing the analysis. If water improvements are required, the applicant shall submit improvement plans along with plan check and inspection costs for approval by the Engineering Division. I. The applicant shall obtain a Building Permit prior to installation of the facility. Prior to issuance of a Building Permit, the applicant shall comply with the following: 1. The applicant shall comply with the latest adopted Uniform Building Code, National Electric Code, CCR Title 24 and all other applicable codes and ordinances in effect at the time of Electrical/Building Permit issuance. 2. The site shall be developed in accordance with the approved plan on file in the Development Services Department (dated December 1, 2003) and the conditions contained herein. A final inspection from the appropriate City Departments will be required. 3. A $2,000 security shall be posted with the City to insure compliance with erosion and pollutant control measures and for any emergency clean up during construction, if necessary. Resolution No. P-Q4-13 Page 8 4. The applicant shall attend a preconstruction 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 onsite 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 disturbed areas prior to discharge, effectively creating a desiltation basin from the pad. 5. The site shall be developed in accordance with the approved site plans and conditions of approval 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. 6. Erosion control, including but not limited to desiltation basins, shall be installed and maintained by the developer throughout construction of the project. 7. Construction staking is to be installed and inspected by the Engineering Inspector prior to any clearing, grubbing, or grading. As a minimum, all protected areas as shown on the project plans are to be staked by a licensed surveyor and delineated with lathe and ribbon. 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. 8. 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 each lot for review and approval by the City. Resolution No. P-O4-13 Page 9 9. If a new fire hydrant is required, the applicant shall apply to the City for dedication of a public water easement. 10. 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. 11. The applicant shall apply for a City Right-of-Way Permit to close the existing northerly driveway of the project site and remove and replace it with sidewalk. The permit shall also include widening of the existing southerly driveway to a maximum width of 30 feet and proposed loading zone on Pomerado Road. 12. The following development fees shall be paid to the Engineering Section prior to Building Permit issuance. These fees are currently in effect and are subject to change. Water base capacity fee - this fee is based on the size of the water meter, applicant to inform the City of the size of water meter to be set. For 1" meter = $6,678.00 per meter For 1.5" meter = $10,388.00 per meter Other meter sizes = Contact Engineering Division Water meter fee - Applicant to inform the City of the size of the water meter to be set. For 1" meter = $270.00 per meter For 1.5" meter = $600.00 per meter SDCWA capacity charge - This fee is payable to the San Diego County Water Authority and to be paid by separate check made payable to San Diego County Water Authority but remitted through the City of Poway. This fee is based on the size of the water meter to be set. For 1" meter = $3,206.00 per meter For 1.5" meter = $6,012.00 per meter Sewer connection = 5,000 sf x 1 EDU/2,000 sf =2.5 EDU's 2.5 EDU's x $2,356 = $5,890 Sewer cleanout = $50.00 per cleanout Resolution No. P-O4-I3 Page 10 Sewer cleanout inspection = $25.00 per cleanout Traffic mitigation fee Auto repair = 5,000 sf x 20 trips/1Ooo = 100 trips 100 trips x $66/trip x 0.25 = $1,650 Truck rental = 8 stalls x 7 trips/stall = 56 trips 56 trips x $66/trip x 0.25 = $924 Drainage fee = $1,570 Park fee = None 13. Complete landscape construction documents for new landscaping shall be submitted to and approved by the Planning Division. A landscape plan check deposit is required upon submittal of the plans. Plans shall be prepared in accordance with the City of Poway Guide to Landscape Requirements (latest edition) and shall also incorporate the following to the satisfaction of the Director of Development Services: a. Sight distance to the satisfaction of the City's Traffic Engineer. b. Location and detail of parking lot lighting. c. Striping required for parking lot. d. Landscaping within the 5-foot-wide planter along the west, north and south property line shall be dense to discourage people from entering the planter area. The trees will provide screening of the adjacent residential development. e. Details of trash enclosure to include solid gates and consistent with the building architecture and materials of the main structure to the satisfaction of the Director of Development Services. The trash enclosure shall not exceed 6 feet in height. 14. The applicant shall obtain permits from the San Diego County Environmental Health Hazardous Materials Division for the handling and transportation of hazardous waste. 15. Details of the exterior lighting (building, security and parking lot) shall be included on the building plans, including fixture type and design. The lighting details shall be included on the building plans. All new exterior lighting fixtures shall be low-pressure sodium, and designed such that they Resolution No. P-Q4-13 Page 11 reflect light downward and away from streets and adjoining properties pursuant to Poway Municipal Code Section 17.08.220.L. 16. Plans shall include information about the number, type, and height of proposed roof top equipment. Building plans shall demonstrate that roof top equipment will be screened by parapet. 17. Building plans shall show the existing liquor store building and changes proposed to bring it into compliance with current standards, and make it compatible with the proposed auto repair building, to the satisfaction of the Director of Development Services. The plans shall include information on existing and proposed wall signs, existing and proposed exterior lighting, and proposed paint colors for the existing liquor store. 18. The applicant shall submit a signed and notarized agreement, to the satisfaction of the Director of Development Services, to allow any vines planted on a decorative iron fence, placed on top of the existing low wall on the north property line, to grow onto the rear wall of the auto repair building. This agreement shall specify maintenance responsibilities and types of vines to be planted adjacent to the auto repair-building wall. J. Prior to the issuance of a Certificate of Occupancy, the following shall apply: 1. Driveways, loading area, drainage facilities, retaining walls, block walls, slope landscaping and protection measures, and utilities, shall be constructed, completed, and inspected by the Engineering Inspector. 2. An adequate drainage system capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector. 3. All proposed utilities within the project site shall be installed underground. 4. The applicant shall repair, to the satisfaction of the City Engineer, damages to the streets caused by construction activity from this project. 5. Any required easements shall be recorded. 6. The northerly driveway shall be closed and the southerly driveway enlarged to commercial standards, as per submitted plans. 7. Record drawings, signed by the engineer of work, shall be submitted to Engineering prior to a request of 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 Resolution No. P-Q4-13 Page 12 occupancy and release of grading securities. 8. Landscaping, irrigation, paving, and striping shall be installed in accordance with the approved landscape plans. 9. The 10 spaces for equipment rental parking must be labeled on the asphalUconcrete parking lot with white or yellow paint so that they are maintained as approved with this CUP and to the satisfaction of the Director of Development Services. The spaces shall be labeled "Equipment Rental" in minimum 6-inch letters. No additional spaces may be used for the parking or storage of equipment rental. K. The applicant shall comply with the following requirements to the satisfaction of the Director of Safety Services: 1. Roof covering shall be fire retardant as per UBC Section 1503 and 1504, and City of Poway Ordinance No. 64. 2. The building shall display their numeric address in a manner visible from the access street. Minimum size of the building numbers shall be six 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 Sheriffs Dept. - ASTREA criteria. 3. Every building hereafter constructed shall be accessible to Fire Department apparatus by way of access roadways 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 clearance. The road surface type shall be approved by the City Engineer, pursuant to the City of Poway Municipal Code. 4. The new building and existing liquor store 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, also monitored, are to be located by the City Fire Marshal prior to installation. A breakaway padlock shall be required for the fire sprinkler system post indicator valve. 5. A 'Knox' Security Key Box shall be required for the building at a location determined by the City Fire Marshal. 6. Fire Department access for use of fire fighting equipment shall be provided to the immediate job construction site at the start of construction and maintained at all times until construction is completed. Resolution No. P-Q4-13 Page 13 7. Permanent access roadways for fire apparatus shall be designated as 'Fire Lanes' with appropriate signs and curb markings. 8. Minimum 2A:40BC fire extinguisher required for every 3,000 square feet and 75' travel distance. 9. The addition of on-site fire hydrants is required. The location of the hydrants shall be determined by the City Fire Marshal. 10. Material Safety Data Sheets shall be required for all hazardous and/or toxic substances used in each building. 11. Prior to delivery of combustible building material on site, water and sewer systems shall satisfactorily pass all required tests and be connected to the public water and 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 construction activity has been substantially completed to the satisfaction of the City. 12. N.F.PA Standard 704, Hazardous Materials Labeling, shall be provided as necessary throughout the building. 13. Fire sprinkler riser(s) shall be located within ten (10) feet of an exterior exit man door or shall be located inside an enclosed closet with an exterior access man door. Door shall be labeled with a sign indicating "Fire Sprinkler Riser." When the closet method is chosen, applicant shall provide 36 inches of clearance from the standpipe or attached additional risers, accessible by a 3'-0" man door. 14. 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. 15. A water analysis shall be required to determine required fire flow for fire protection purposes. L. Upon establishment of the auto repair building and equipment rental facility, pursuantto CUP 03-10, VAR 03-10, and DR03-11, the following shall apply: 1. All facilities and related equipment shall be maintained in good repair. Any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual Resolution No. P-Q4-13 Page 14 blight. 2. The owner or operator of the facility shall routinely and regularly inspect the site to ensure compliance with the standards set forth in this permit. 3. All lighting fixtures shall be maintained such that they reflect light downward, away from any road or street, and away from any adjoining residential development. 4. All landscaping, including areas within the adjacent public right-of-way, shall be adequately irrigated and permanently and fully maintained by the owner at all times in accordance with the requirements of the City of Poway Guide to Landscape Requirements. The trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain the health of the trees and to protect the public safety. Trees should be trimmed or pruned as needed to develop strong and healthy trunk and branch systems. Tree maintenance and pruning shall be in accordance with "American National Standard for Tree Care Operations" latest edition (ANSI A300). Trees shall not be topped and pruning shall not remove more than 25% of the trees' leaf surface. 5. The parking areas and driveways shall be well maintained. 6. Any signs proposed for this development shall be designed and approved in conformance with the Poway Municipal Code and require the approval of a separate Sign Permit. 7. No auto repair work is permitted outdoors. All work must be done inside of the building. 8. Parking of rental equipment shall occur in specified areas only. 9. Any changes to the site plan for this CUP approval for the auto repair building and equipment rental facility, require a CUP modification to be submitted reflecting the proposed modifications to this approval. 10. Auto repair work shall be conducted between 7:00 a.m. and 9:00 p.m. Section 6: The approval of CUP 03-10, VAR 03-10 and DR 03-11 shall expire on February 17, 2006, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and construction on the property in reliance on the CUP approval has commenced prior to its expiration. Resolution No. P- 04-13 Page 15 PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 17th day of February 2004. ATTEST: Œe~~ 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-04- 13 , was duly adopted by the City Council at a meeting of said City Council held on the 17th day of February 2004, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: NONE