Res P-04-20
RESOLUTION NO. P-04-20
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING MINOR DEVELOPMENT REVIEW
APPLICATION (MDRA) 03-53
ASSESSOR'S PARCEL NUMBER 278-200-25
WHEREAS, Minor Development Review Application (MDRA) 03-53 submitted by
Mohling Hoyt Partners, Applicant, requests approval to permit the construction of a 6,400-
square-foot, 2-story, single-family residence, measuring a maximum height of 30 feet and
two attached two-car garages totaling 980-square-feet, on a 9.24-acre property located along
the west side of Running Deer Trail west of Highway 67. The property is zoned Rural
Residential A (RR-A) and located within the Hillside/Ridgeline Review Area; and
WHEREAS, on March 16, 2004, the City Council held a public meeting 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 project, MDRA 03-53, is found to be Categorically Exempt from the
California Environmental Quality Act (CEQA), as follows:
A. Construction of the project would be classified as a Class 3 Categorical Exemption,
pursuant to Section 15303 of the CEQA Guidelines, in that the project proposes the
construction of a single-family residence.
B. A habitat assessment was prepared by the project biologist, Vincent N. Scheidt, dated
May 1998, to identify habitat impacts associated with the tentative map and to
establish potential open areas. Project grading and implementation of fire fuel
management zones will impact Chaparral habitat as identified. In accordance with
the Poway Subarea Habitat Conservation Plan (PSHCP), the required findings for
approval of the proposed mitigation for the removal of habitat for construction of a
single-family house and detached garage are as follows:
1. The project site is located outside of the Biological Core Linkage Area (BCLA)
of the PSHCP and is adjacent to PRPA 13a. The site is within an area where
50% of the habitat is to be preserved. The mitigation is consistent with and
furthers the implementing objectives of the PSHCP in that the applicant will
mitigate the removal of 1.99 acres of mixed Chaparral at a 2:1 ratio. The
mitigation will be satisfied through on-site dedication of a Biological
Conservation Easement of a minimum of 3.98 acres involving the preservation
of comparable unencumbered habitat or re-vegetated habitat of equal or
greater value or payment of In-Lieu Dedication Fee. The subject site was
created with TPM 97-14, which designated 36.43 acres of a 73-acre site as
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Page 2
biological open space. Therefore, more than 50% of the habitat will be
preserved.
2. The mitigation habitat will be located within the Mitigation Area of the PSHCP
to enhance the long-term viability and function of the preserve system in that
the mitigation will be accomplished through dedication of a Biological
Conservation Easement preserving a minimum of 3.98 acres on-site of
comparable unencumbered Chaparral habitat on-site that is either undisturbed
or revegetated Chaparral habitat or payment of In-Lieu Fee equal to 3.98
acres. Installation of the leach fields will be located within the areas required
for fire fuel management and will not further reduce the habitat.
3. The mitigation will provide long-term benefit of the covered species and their
habitats in that the dedication of a conservation easement over undisturbed
habitat will promote a meaningful addition to the assembly of a viable regional
system of interconnected natural habitat resources, habitat linkages, buffers
and wildlife corridors. Any remaining habitat not used for development or
mitigation of biological resource impacts will be placed in an Open Space
Easement and will be recorded and filed in the office of the County Recorder of
San Diego County. The Open Space Easement furthers the goals of the
PSHCP.
4. The mitigation will foster the incremental implementation of the PSHCP in an
effective and efficient manner in that the Biological Conservation Easement is
contiguous with other dedicated open space lands as noted on Final Map
18547 and the Poway Resources Survey Report and Evaluation of Resource
Values, prepared May 1988.
5. The mitigation will not result in a negative fiscal impact with regard to the
successful implementation of the PSHCP in that the subject mitigation area will
be placed in a recorded Biological Conservation Easement paid and
maintained by the applicant. Therefore, such dedication will not result in a
fiscal impact.
Section 2: The findings, in accordance with Section 17.52 of the Poway Municipal Code
to approve MDRA 03-53 for the construction of a 6,400-square-foot, two-story, single-family
residence, measuring a maximum of 30 feet in height, and two attached two-car garages
totaling 980-square-feet, on a 9.24-acre parcel located along the west side of Running Deer
Trail, are as follows:
A. That the home and garages have been sited to minimize landform alteration and
conform to City zoning and grading standards. Therefore, the proposed use respects
the interdependence of land values and aesthetics to the benefit of the City; and
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B. That the approved project will not have an adverse affect on the aesthetics, health,
safety, or architecturally related impact upon adjoining properties, as the residence is
consistent with surrounding residences. Therefore, the proposed design, size, and
scale of the proposed addition is compatible with 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 Application would not be
materially detrimental to the public health, safety, or welfare since the proposed use
will complete improvements necessary for the new residence; and
D. The project has been designed to minimize impacts on the surrounding community by
utilizing an architectural design that utilizes varying roof elevations, earth-toned
exterior and clay roof materials; and
E. That the proposed use will not be detrimental to the public health, safety or welfare, or
materially injurious to properties or improvements in the vicinity nor be contrary to the
adopted General Plan because it will meet all development requirements; and
F. That the proposed development will comply with each of the applicable provisions of
the Zoning Ordinance and the General Plan.
Section 3: The findings, pursuant to Government Code Section 66020 for the public
improvements, needed as a result of the proposed development to protect the public health,
safety, and welfare, are made as follows:
A. The design and improvements of the proposed development are consistent with all
elements of the Poway General Plan, as well as City Ordinances, because all
necessary facilities will be available to serve this project. The construction of public
improvements is needed as a result of the proposed development to protect the public
health, safety, and welfare as identified below:
1. In accordance with the Poway General Plan, the project requires the payment
of drainage, park, affordable housing, and traffic fees, which are assessed on
a pro-rata basis to finance public infrastructure improvements, which promote
a safe and healthy environment for the residents of the City.
Section 4: The City Council hereby approves MDRA 03-53, to allow the construction of a
6,400-square-foot, 2-story, single-family residence, measuring a maximum of 30 feet in
height, and two attached two-car garages totaling 980-square-feet, on a 9.24-acre parcel
located along the west side of Running Deer Trail, per site plans, grading plans, floor plans,
and elevations on file with the Planning Division dated November 11, 2003, subject to the
following conditions:
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A. Approval of this MDRA request shall apply 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. The conditions of MDRA 03-53 shall remain in effect for the life of the subject
residence and shall run with the land and be binding upon future owners, successors,
heirs, and transferees of the current property owner.
D. Prior to grading, the applicant shall obtain a Grading Permit. Prior to issuance of a
Grading Permit, the applicant shall comply with the following:
1. The applicant shall record a Biological Conservation Easement over 3.98 acres
of the site. Said Biological Conservation Easement shall be approved by the
Director of Development Services and shall include the existing open space
and an additional area to equal a total of 3.98 acres. The easement shall be
notarized and recorded with the County of San Diego. In order to further the
goals ofthe HCP, any remaining undisturbed habitat not used for development,
fire fuel management, driveway, utilities, or mitigation of biological resource
impacts on the project site shall be placed in an Open Space Easement for
further protection of the City's PSHCP goals. The Biological Conservation
Easement and the Open Space Easement shall include a plat map of the
subject parcel identifying the location of the easements and legal description of
each easement.
Note: In compliance with the PSHCP, the City shall process a General Plan
Amendment and Zone Change to change the land use and zoning designation
of the area of the Open Space Easement to Open Space-Resource
Management (OS-RM) zone insure its permanent preservation.
2. The site is located within an area identified by the U.S. Fish and Wildlife
Service as providing habitat that supports the Quino Checkerspot Butterfly
(QCB), which is listed as an endangered species. Due to the recent fire that
has reduced the potential for a presence ofthe QCB for spring of 2004, priorto
issuance of a grading permit, U.S. Fish and Wildlife shall be contacted to
confirm that a protocol survey is unwarranted.
a. All new slopes with a maximum 2:1 (horizontal to vertical) ratio. Tops
and toes of graded slopes shall be shown with a minimum 5-foot
setback from open space areas and property lines. Structures shall be
located at least 5 feet from tops and toes of slopes, unless waived by
the Planning Division and/or Engineering Division prior to issuance of a
Grading Permit.
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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 runoff during
construction.
d. All utilities (proposed and existing), together with the appurtenances
and any 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. Screening of utility boxes shall be to the satisfaction
of the Director of Development Services.
f. Top and bottom elevations of all retaining walls.
g. Fire Fuel Management Zones.
h. A community trail, as identified on the City's trail plan to be located
within the roadway way easement along the outer edge, if feasible, as
determined by the Public Works Director.
i. Biological Conservation Easement and Open Space Easement. The
plans shall indicate areas to be preserved and shall note limits of
grading.
j. Water tank and access location and details.
2. A soils/geological report shall be prepared by an engineer licensed by the
State of California to perform such work. The report 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 applicant shall file with the State Regional Water Quality Control Board a
Notice of Intent (NOI) for coverage under the Statewide General Permit that
covers storm water discharges. Proof of filing of the NOI and an assigned
Waste Discharge Identification Number shall be submitted to the Development
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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
5. Prior to issuance of a Grading Permit, and 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 de-
silting basin with a capacity of 3,600 cubic feet of storage per acre drained, or
designed to remove fine silt for a 10-year, 6-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.
6. The applicant shall pay all applicable engineering, plan checking, permit, and
inspection fees.
7. Grading securities in the form of a performance bond and a cash deposit, or
letter of credit, shall be posted with the City prior to grading plan approval. A
minimum $2,000 cash refundable security deposit is required.
8. 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 desilting 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 desilting basin from
the pad.
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9. 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.
10. 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.
11. A leach field layout for the residence sewage disposal system shall be
submitted to the Engineering Division for review and approval priorto obtaining
a septic permit. If the permit is obtained without a City approved layout, a copy
shall be submitted prior to installation of the leach lines. The septic system,
including the leach filed, shall be shown on the grading plan.
12. A landscape/irrigation plan, along with a $525.00 deposit for plan checking,
shall be submitted for review and approval by the Development Services
Department in accordance with the applicable requirements of the City of
Poway Guide to Landscape Requirements and Fire Fuel Management. The
landscape and irrigation plan shall indicate the following:
a. Automatic irrigation system.
b. Plant sizes and species for manufactured and disturbed slopes greater
than a 5:1 slope which reflect one 15-gallon tree per 750 square feet of
slope area and one 1-gallon shrub for each 100 square feet of slope
area, and ground cover.
c. In accordance with said requirements, and the Poway General Plan
requirement for hillside development, the landscaping shall utilize
materials similar in appearance to the existing native vegetation.
d. Trees shall be planted at the rate of one tree per 750 square feet of
slope area and shrubs shall be planted at the rate of one shrub per 100
square feet of slope area. Groundcover shall be hydroseeded, or hand
planted cuttings appropriately spaced, to eventually control soil erosion.
e. Distance of each fire fuel management zone.
f. Fire retardant plant species within zones three and four.
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g. Plant material that will blend with surrounding native vegetation.
h. All slope plantings shall be installed, and automatic irrigation system
shall be installed and operational at time of final inspection.
I. The plans shall show a rural trail along the approximately 15-foot outer
edge of the roadway easement of Running Deer Trail, iffeasible, to the
satisfaction of the Director of Public Works.
13. Construction activity on the project site, including equipment preparation
(I.e., warming up engines), shall be limited to the hours of 7:00 a.m. to 7:00
p.m. Monday through Saturday. Grading activities, including equipment
preparation, shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday
through Friday.
14. In accordance with Condition H of the PSHCP Incidental Take Permit, a take
of active California Gnatcatchers nests, which includes harassment ofthe bird
due to grading noise and vibrations from February 15 through July 1, is not
permitted. Due to the recent Cedar fire the property currently does not have
adequate vegetation to provide nesting for Gnatcatchers during the 2004
breeding season. Any grading or clearing for fire fuel management occurring
during the nesting season from February 15 through July 1,2005 and later will
only be permitted subject to the following conditions having been met to the
satisfaction of the Director.
The City will conduct a site inspection to determine if a biological study is
required to determine if Gnatcatchers are within 500 feet of the proposed
grading. If Gnatcatchers are found during grading, all grading operations shall
cease until the biologist certifies that the gnatcatchers are no longer present.
The applicant will be responsible for providing appropriate erosion control if
grading cannot continue to the satisfaction of the City Engineer.
a. If grading or clearing is to occur between February 15 and July 1,2005,
or later, the applicant shall provide to the Planning Division before
issuance of a Clearing/Grading Permit, a letter from a qualified biologist
retained by the applicant with a scope of work for a 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 USFWS 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 U.S. Fish and Wildlife Service (USFWS).
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b. 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.
c. Should the report show, to the satisfaction of the Director of
Development Services, that Gnatcatchers 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, 2005, or later.
d. 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.
e. The applicant is hereby notified that, during grading, if active nests are
found within 500 feet ofthe 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) are implemented.
There is no guarantee that grading will be allowed to resume.
15. At a minimum, all dedicated biological conservation areas shall be staked by a
licensed surveyor, and delineated with lathe and ribbon prior to any
grading/clearing or brush management activities. 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.
16. The biologist shall provide the City with written confirmation that the limits of
clearing/grading and brush management are in accordance with the project's
biological conservation and Open Space Easements.
17. All proposed utilities within the project site shall be installed underground.
E. Prior to construction the applicant shall obtain a Building Permit. Prior to issuance of
a Building Permit, the applicant shall comply with the following:
1. The site shall be developed in accordance with the approved site plans and
conditions of approval as 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.
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Page 10
2. The maximum height of any fence or wall shall not exceed 6 feet. No walls or
fences shall be installed that may constrict wildlife movement through the
conservation easement open space corridors except as approved by the City
of Poway prior to installation. Any walls proposed shall be reflected on grading
plans and shall be of decorative block or stucco finish consistent with the
exterior of the proposed residence.
3. An easement for the community trail easement shall be prepared for
recordation, to the satisfaction of the Director of Development Services, if the
trail is determined feasible by the Director of Public Works.
4. 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.
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 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. Rough grading of the lot is to be completed and must meet the approval of the
City Inspector and shall include submittal of the following:
a. A certification of line and grade prepared by the engineer of work.
b. A final soil compaction report for review and approval by the City.
7. Prior to start of any work within City-held easements or rights-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.
8. 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.
Traffic Mitigation = $ 990
Park = $2,720
Drainage = $1,570
9. The construction of the proposed water tank will require a building permit. The
building permit shall include proposed color for the tank and a site plan that
identifies access to the tank. The location of the tank shall meet the approval
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Page 11
of the Fire Department and Planning. The tank shall be painted a muted color
to the satisfaction of the Director of Development Services.
10. School impact fees shall be paid at the rate established at the time of Building
Permit issuance. Please contact the Poway Unified School District for
additional information at (858) 748-0010, ext. 2089.
11. Water, sewer, and fire protection systems plans shall be designed and
constructed to meet the requirements of the City of Poway.
12. An Affordable Housing In-Lieu Fee in the amount of $4,500.00 shall be paid
prior to Building Permit issuance.
13. All living quarters shall be equipped with low-flow plumbing fixtures.
F. The applicant shall comply with the following conditions prior to occupancy:
1. The driveway, 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.
2. The applicant shall provide a copy of the recorded private road maintenance
agreement for maintenance of Running Deer Trail executed by the property
owners. Said agreement is to comply with Ordinance No. 280, and City of
Poway Municipal Code section 12.20.060. A legal description and plat map
shall accompany the agreement. The maintenance of Running Deer Trail will
be in accordance with the private road maintenance agreement recorded
September 19, 2000, as recorded in the office of the County Recorder,
Document No. 2000-0501080.
3. 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 is not permitted.
4. The applicant shall repair any and all damages to the streets caused by
construction activity from this project, to the satisfaction of the City Engineer.
5. Record drawings, signed by the engineer of work, shall be submitted to
Development Services prior to a request of occupancy, per Section
16.52.130B of the Grading Ordinance. Record drawings shall be submitted in
Resolution No. P-O4-20
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a manner to allow the City adequate time for review and approval prior to
issuance of occupancy and release of grading securities.
G. The applicant shall construct the following improvements 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. Address shall be required at private driveway entrances.
3. Each chimney used in conjunction with any fireplace shall be maintained with a
spark arrester.
4. This dwelling is being built on a parcel size of 9.24 acre(s) and is a maximum
of 500 feet beyond the nearest fire hydrant. The dwelling will have to have
standby water for firefighting and a residential sprinkler system. Contact the
Fire Prevention Bureau for details.
5. A residential fire sprinkler system will be required for residence and garage.
Plans shall be submitted to the Fire Prevention Bureau for approval prior to
installation.
6. The applicant shall comply with the City of Poway Guide to Landscape
Maintenance as it relates to fuel management zones.
7. A minimum 1 O,OOO-galion water tank with a Fire Department connection will be
required for fire protection purposes. Contact the Fire Prevention Bureau for
location of water tank and Fire Department connection.
Section 5: This MDRA 03-53 shall expire on March 16, 2006, at 5:00 p.m. 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.
Section 6: Pursuant to Government Code Section 66020, the 90-day approval period in
which the applicant may protest the imposition of any fees, dedications, reservations, or
exactions imposed pursuant to this approval shall begin on March 16, 2004.
Resolution No. P-O4- 20
Page 13
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State
of California, this 16th day of March 2004.
ATTEST:
~l(ljØ OÙUIOO
Sherrie D. Worrell, Deputy City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Sherrie D. Worrell, Deputy City Clerk of the City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No. P-04-20 , was duly adopted
by the City Council at a meeting of said City Council held on the 16th day of March 2004,
and that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
~LJ 0.1 J.J) § a.f)
Sherrie D. Worrell, Deputy City Clerk
City of Poway