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Res P-04-36 RESOLUTION NO. P- 04-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, RESCINDING RESOLUTION P-02-27 AND APPROVING CONDITIONAL USE PERMIT 02-06 AND DEVELOPMENT REVIEW 02-08 ASSESSOR'S PARCEL NUMBER 323-501-02 WHEREAS, Conditional Use Permit (CUP) 02-06 and Development Review (DR 02- 08) were submitted by the City of Poway, to develop a vehicle storage lot at 13875 Kirkham Way within the South Poway Planned Community zone. The land use designation of the site is Light Industrial/Outdoor Storage; and WHEREAS, on May 18, 2004, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application. WHEREAS, the Poway Redevelopment Agency wishes to extend the approval of CUP 02-06 and DR 02-08 for an additional two-year period; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the CityofPoway, as follows: Section 1: The City Council finds that Conditional Use Permit 02-06 and Development Review 02-08 is Categorically Exempt, Class 32 from the provisions of the California Environmental Quality Act, pursuant to Section 15332, because it is in-fill development that is less than 5 acres in size, in an area served by existing infrastructure and no natural habitat exists on the site. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code for the approval of Conditional Use Permit 02-06, for the development of vehicle storage lot on Lot 2 of Final Map 14230 in the 13800 block of Kirkham Way, are made as follows: A. The size and design of the project is appropriate for the use and location and is a permitted use in an area having a land use designation of Light Industrial/Outdoor Storage with the approval of a Conditional Use Permit. Therefore, the proposed location, size, design and operating characteristics of the use are in accord with the title and purpose of Section 17.48.070 of the Poway Municipal Code, the purpose of the zone in which the site is located, the City General Plan, the South Poway Specific Plan and the development policies and standards of the City. B. The project has been designed to comply with the South Poway Development Standards and will be consistent with surrounding development and a minimum 8- foot-high screen wall will be constructed to screen the vehicles to the satisfaction of the Director of Development Services. Therefore, the location, size, design and operating characteristics of the proposed use will be compatible with, and will not Resolution No. P- 04-36 Page 2 adversely affect or be materially detrimental to, adjacent uses, buildings, structures, or natural resources. C. The project will meet or exceed standards for scale, bulk, coverage, and density. Therefore, the harmony in scale, bulk, coverage, and density of the project is consistent with adjacent uses. D. There are public facilities, services, and utilities available to the site. E. The project has been designed to comply with the South Poway Standards and the use will be compatible with surrounding development. Therefore, there will be no harmful effect upon desirable neighborhood characteristics. F. The project will not result in a significant impact on the character or the intensity of the transportation system in the vicinity and is found to be consistent with the Circulation Element of the General Plan. G. The project is allowable on land designated as Light I ndustrial/Outdoor Storage and the property is located in an area with suitable circulation and other infrastructure. The surrounding development is compatible with light industrial and outdoor storage. Therefore, the site is suitable for the proposed outdoor storage use. H. The project is in-fill development that does not affect natural resources. Therefore, there will not be significant harmful effects upon environmental quality and natural resources. I. There are no other relevant negative impacts of the proposed use that cannot be mitigated. J. The impacts, as described above, and the proposed location, size, design and operating characteristics of the proposed use and the conditions under which it would be operated or maintained 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 or the South Poway Specific Plan. K. The proposed conditional use will comply with each of the applicable provisions of Section 17.48.070 of the Poway Municipal Code with regard to current development standards. Section 3: The findings, in accordance with Section 17.52 of the Poway Municipal Code, for Development Review 02-08, for the development of a vehicle storage at 13875 Kirkham Way, are made as follows: A. The project has been designed to comply with the development standards of the South Poway Specific Plan. It will not create a negative visual impact as viewed Resolution No. P- 04-36 Page 3 from the street and neighboring properties. Proposed landscaping and a screen wall will soften and screen the building from such views. Exterior building colors and materials will help the building blend in with surrounding development. Therefore, the building respects the interdependence of land values and aesthetics to the benefit of the City. B. The project has been designed to comply with the development standards of the South Poway Specific Plan and be in character with existing development in the area. Therefore, the proposed use does not conflict with the orderly and harmonious appearance of structures and property within the City, along with associated facilities, such as, but not limited to, signs, landscaping and parking areas. C. There are public facilities, services, and utilities available. No significant traffic impacts will occur with this development. The project will otherwise conform to all City ordinances. Therefore, the proposed project does not detract from the maintenance of the public health, safety and general welfare, and property throughout the City. D. The project is designed to be consistent in design with surrounding development. Therefore, the proposed development respects the public concerns for the aesthetics of developments. E. The proposed project will meet the required design regulations and will otherwise comply with all of the relevant codes and standards of the City of Poway. Therefore, the proposal does not have an adverse aesthetic, health, safety or architecturally related impact upon existing adjoining properties, or the City in general. F. The proposed project will comply with all of the provisions of the Zoning Ordinance, the South Poway Specific Plan and the General Plan. Section 4: Pursuant to Government Code Section 66020, the public improvements for Conditional Use Permit 02-06 and Development Review 02-08 are made as follows: A. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan, the South Poway Specific Plan, as well as City ordinances, because all necessary services and facilities are available to serve this project. The payment of sewer fees is needed as a result of the proposed development to protect the public health, safety and welfare as identified below: 1. The project requires payment of water, traffic mitigation, drainage, park, sewer, and road construction fees, which are assessed on a pro-rata basis to finance and provide public infrastructure improvements, which promote a safe and healthy environment for the residents of the City. Resolution No. P- 04-36 Page 4 Section 5: The City Council hereby approves Conditional Use Permit 02-06 and Development Review Permit 02-08 for the development of a vehicle storage lot and an ancillary guardhouse building at 13875 Kirkham Way, within the South Poway Planned Community zone. The approval is subject to the following conditions: A. Approval of this Conditional Use Permit request shall apply only to the subject project and existing uses 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, the applicant shall submit in writing that all conditions of approval have been read and understood. Within 30 days of the transfer of the title of the property from the Poway Redevelopment Agency to a developer/applicant, the new property owners shall execute a Covenant on Real Property which states that the applicant must abide by the conditions contained in this Resolution. 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 this CUP shall remain in effect for the life of the project and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. E. Conditional Use Permit 02-06 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. F. All construction activity on the project site, including equipment preparation, shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday. G. Approval of CUP 02-06 and DR 02-08 does not include sign approval. Any signs proposed for this development shall be designed and approved in conformance with the South Poway Specific Plan Standards and the Sign Ordinance of the Poway Municipal Code. H. A minimum 8-foot-high masonry or textured concrete screen wall shall be constructed along the perimeter of the vehicle storage yard to the satisfaction of the Director of Development Services. The color of the wall shall be earth toned to blend with the natural surroundings. Landscaping shall be installed to soften and break up the exterior appearance of the wall. I. The applicant shall obtain a Grading Permit. Compliance with the following is required prior to issuance of a Grading Permit: Resolution No. P- 04-36 Page 5 1. The grading plan shall be prepared on a City of Poway standard mylar at a scale of 1"=20', and 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. At a minimum, the grading plan shall show the following: a. All driveway approaches to the development shall have alley type curb returns. The minimum width for driveways providing ingress and egress is 30 feet. b. A separate erosion control plan for prevention of sediment run-off during construction. c. All new slopes with a maximum 2:1 (horizontal to vertical) slope. Tops and toes of graded slopes shall be shown with a minimum 5-foot setback from open space areas and property lines. Buildings 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. d. All utilities, 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. f. All new drainage improvements with pertinent elevations and grades. g. All pavements for proposed parking lot shall be in accordance with the minimum specifications of the City of Poway Municipal Code Section 12.20.080 and/or to the satisfaction of the Director of Development Services. h. Water and sewer connections to the new facilities. i. Any proposed retaining walls, and top and bottom of wall elevations. j. The required 8-foot-high minimum masonry/or textured concrete screen wall shall be shown along the perimeter of the outdoor storage yard to the satisfaction of the Director of Development Services. The wall shall observe a minimum 35-foot front yard setback. Driveway Resolution No. P- 04-36 Page 6 entry gates shall observe a minimum 70-foot setback from the right-of- way. k. All traffic aisles are required to have a minimum 25-foot width. The parking lot design shall provide a minimum 28-foot inside radius and 50-foot outside radius for traffic aisles to accommodate fire safety vehicles. 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. A slope stability analysis shall accompany the soils report for any proposed fill slope over two feet in height. 3. 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. Drainage catch basins, inlets, grate basins, drainage system from the truck wash pad area, or similar structures, shall be designed to be equipped with structural Best Management Practices (BMPs) for interception of pollutants and/or sediments before leaving the project site. BMPs are subject to review and approval of the City. 4. To insure compliance with the Clean Water Act, the applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) that effectively addresses the elimination of non-storm run-off into the storm drain system orthe natural stream. The SWPPP shall include, but not be limited to, measures to protect construction material from being exposed to storm runoff, protection of all storm drain inlets, onsite concrete truck wash and waste control, and other means of Best Management Practices to effectively eliminate pollutants from entering the storm drain system. The applicant shall certify the SWPPP prior to approval of the grading and improvement plans. The SWPPP may be incorporated with the erosion control plan, but shall be under separate cover from the grading and improvement plans. 5. The applicant shall pay all applicable engineering, plan checking, permit and inspection fees. 6. Grading securities in the form of a performance bond, a cash deposit, or a letter of credit shall be posted with the City. 7. The applicant shall apply for a water system analysis to establish the location of fire hydrants, as determined by the Fire Marshal, and to determine the adequacy of the existing water mains and any necessary water main Resolution No. P- 04-36 Page 7 extension to serve the project. The cost of the analysis shall be paid by the applicant. 8. Concurrent with the submittal of the grading plan, a separate set of improvement plans for the onsite water improvements shall be submitted to the Engineering Division. g. Submittal of a request for, and hold, a pre-construction meeting with a City Engineering Inspector. The applicant/developer shall be responsible that necessary individuals, such as, but not limited to, contractors, subcontractors, project civil engineer and project soils engineer must attend the preconstruction meeting. 10. A right-of-way permit shall be obtained from the Engineering Division of the Development Services Department for any work to be done in public street rights-of-way or City-held easements. 11. Grading of the project shall be in substantial conformance with the approved development plan and in accordance with the Uniform Building Code, City Grading Ordinance, City Storm Water Management and Discharge Control Ordinance, and the South Poway Specific Plan. 12. Erosion control, including but not limited to desiltation basins, if necessary shall be installed and maintained from October 15th to April 15th. The plan shall be prepared by the project civil engineer and shall be submitted as part of the grading plan. The applicant shall make provisions to insure proper maintenance of all erosion control devices. 13. All parking stalls shall observe a minimum 25-foot setback from the right-of- way. Parking stalls that are parallel to the street shall observe a minimum 40-foot setback from the right-of-way. 14. The grading plan shall show and note the number of all required parking spaces. Pursuant to the South Poway Specific Plan Development Standards, an area shall be designated for motorcycle parking. The minimum dimensions of a motorcycle space shall be 4 feet x 8 feet. All required parking spaces (not vehicle storage parking spaces) shall be double striped. The minimum dimensions for standard sized parking stalls shall be 8.5 feet x 18.5 feet. The parking lot design shall comply with the Americans with Disabilities Act for accessible spaces. 15. The grading plan shall show, at parking lot islands, a minimum 12-inch wide walk adjacent to parking stalls. It shall also depict wheel stops where overhanging vehicles would reduce the minimum required planter dimensions. Resolution No. P- 04-36 Page 8 16. Use of recycled water will be required for onsite landscape irrigation. Each site shall have a designated user supervisor who has attended the San Diego County Water Authority user supervisor class. County of San Diego Department of Environmental Health will assess fees for the following activities: a. Site Plan Check $400.00 average costs. " b. Shut Down Test"" $320.00 average costs. " c. Title 22 Inspection $80.00 average costs. "Based on full cost recovery; actual fee amount may vary. ""Shut down test is required at initial installation and at least every four years on sites with both recycled and potable water. 17. Complete landscape construction documents (and plan check fee) shall be submitted for all areas of new construction. Plans shall be prepared in accordance with the Poway Zoning Code and Guide to Landscape Requirements, and shall include but not be limited to the following: a. Landscaping for all newly manufactured and disturbed slopes greater than a 5:1 slope. b. Street trees per the above landscape requirements, at 30 feet on center, with flexibility in clustering the trees to promote a natural appearance in the spacing. c. Landscaping for all new parking lots not including the areas for parking of vehicles for storage purposes per the above landscape requirements, including a minimum of one 15-gallon size broad spreading evergreen tree for every three spaces, and landscape islands between every 8 to 10 parking spaces. Parking lots shall be provided with landscaping sufficient to screen parking areas from the street, using earth berms, walls, and/or plantings. Screening shall achieve a minimum height of 36 inches except where site distances are a factor. d. Irrigation plans consistent with the above landscape requirements. e. The owner shall permanently and fully maintain landscaped areas within the adjacent public right-of-way. All existing irrigation and landscaping within any designated LMD areas shall be protected. f. Parking spaces may not overhang required landscape setback areas or landscape islands or strips which have an inside dimension less than 6 feet. Resolution No. P- 04-36 Page 9 g. Landscape areas between buildings and parking shall be at least 8 feet wide, not including sidewalks. J. Compliance with the following conditions is required prior to construction of public improvements. 1. Submittal to the City for review and approval of improvement plans for onsite public water system and street improvements to the Development Services Department for approval. 2. Onsite potable water lines shall be constructed for fire hydrant(s) installation as required by the City Fire Marshal. The size and location of the water lines shall be that as established by a water system analysis prepared by an engineering firm designated and approved by the City. The applicant/developer shall pay to the City the cost of preparing the analysis prior to submittal of improvement plans. a. Public improvements shall be constructed in accordance with City adopted standards and specifications, the latest adopted edition of the Standard Specifications for Public Works Construction and its corresponding San Diego supplements, the current San Diego Regional Standard Drawings, and the South Poway Specific Plan. b. All new and existing electrical/communication/CATV utilities shall be installed underground prior to installation of concrete curbs, gutters, sidewalks and surfacing of the streets. The applicant/developer is responsible for complying with the requirements of this condition, and shall make the necessary arrangements with each of the serving utilities. c. The locations and sizes of all utility boxes and vaults within street rights-of-way and the City's general utility easement shall be shown on the improvement plans. Any above ground utility boxes with dimensions greater than 36 inches shall be screened from view with landscaping, a decorative wall or by locating it within the project site to the satisfaction of the Director of Development Services. 3. The applicant/developer shall pay the following fees, and post or pay appropriate securities for public improvements: a. Improvement plan-checking and inspection fees. b. Performance and payment securities. The City Engineer may waive these securities if substantial amount of grading is completed prior to installation of public improvements and there is sufficient amount of Resolution No. P- 04-36 Page 10 grading securities still held by the City to complete the remainder of the grading works and public improvements. c. Right-of-way and/or encroachment permits, if required as hereupon mentioned. A right-of-way permit shall be obtained from the Engineering Division for any work to be done in the public street rights-of-way or City held easements. 4. Submittal of a request for, and hold, a pre-construction meeting with a City Engineering inspector. The applicant/developer shall be responsible that necessary individuals, such as, but not limited to, contractors, subcontractors, project civil engineer and project soils engineer must attend the pre-construction meeting. 5. No private improvements shall be placed or constructed within public street rights-of-way or City easements unless anyone of the following is satisfied: a. An encroachment permit has been issued by the City for the improvements; or b. An encroachment removal agreement has been executed by the developer/owner and subsequently approved by the City; or c. Approval of grading or improvement plans, on which a right-of-way permit has been issued for the private improvements shown to be constructed. "The City reserves the right to choose any or all of the above, under certain circumstances when City deems necessary. 6. The applicant/developer shall cause the dedication of the following easements to the City: a. An easement, a minimum of20.00 feet wide for each new public water line, shall be dedicated to the City. b. A processing fee shall be paid to the City at first submittal of easement document for review. Recordation of the easement in the office of the San Diego County Recorder may be deferred, with the approval of the City Engineer prior to issuance of building occupancy. K. The applicant shall obtain a Building Permit. Compliance with the following conditions is required prior to issuance of a Building Permit. Resolution No. P- 04-36 Page 11 1. The site shall be developed in accordance with the approved conceptual site plan dated March 19,2002, 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. 2. Erosion control, including but not limited to desiltation basins, if necessary, shall be installed and maintained by the developer throughout construction of the project. 3. Rough grading of the project site shall be completed and 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. 4. City approval of a soil compaction report shall be obtained. 5. 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. 6. The building plans shall depict all roof appurtenances, including air conditioners, architecturally integrated, screened from view and sound buffered from adjacent properties and streets, to the satisfaction of the Director of Development Services. 7. The building plans shall identify the exterior building colors and materials. 8. The site plan shall show and note all required parking. 9. Trash receptacles shall be enclosed by a 6-foot-high masonry wall with view obscuring gates. Locations shall be subject to approval by the Planning Division. 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. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Resolution No. P- 04-36 Page 12 Uniform Fire Code and all other applicable codes and ordinances in effect at the time of Building Permit issuance. 12. Details of any exterior lighting shall be included on the building plans, including fixture type(s) and design. All exterior lighting fixtures shall comply with the South poway Specific Plan Development Standards. Security lighting and parking lot lighting is required to be low-pressure sodium and designed such that they reflect light downward, and away from streets and adjoining properties. Parking lot lights shall not exceed a maximum height of 25 feet from the finished grade. 13. The following development fees shall be paid to the Engineering Division (unless other payee is indicated). The following fee amount is currently in effect and is subject to change without notice with the exception of water meter connection and expansion fees. The applicant shall pay the amount in effect at the time of Building Permit issuance. A minimum of two water meters shall be installed for the project; i.e., one for potable water and one for reclaimed water. Water base capacity fee (Resolution No. 91-123) For 1" meter = $ 6,678.00 per meter For 1 '12" meter = $10,388.00 per meter Other meter sizes = Contact Engineering Division Water meter fee (Resolution No. 91-123) For l' meter = $ 270.00 per meter For 1 %" meter = $ 600.00 per meter Other meter sizes = Contact Engineering Division SDCWA capacity charge (applicable to potable water only) - To be paid by separate check, payable to San Diego County Water Authority, but remitted through the City of Poway. For 1" meter = $3,206.00 per meter For 1 Yo" meter = $6,012.00 per meter Other meter sizes = Contact Engineering Division Sewer connection fee = $19,653.82 (Per Resolution No. P-01-05, approving TTM 00-01) Sewer cleanout fee = $50.00 per cleanout Sewer cleanout inspection fee = $25.00 per cleanout Resolution No. P- 04-36 Page 13 Traffic mitigation fee = $52.80" (400 SF + 1,000) x 8 trips = 3.2 trips "3.2 trips x $66/trip x 0.25 = $52.80 Drainage fee = $9,516.30 (Per Resolution No. P-01-05, approving TTM 00-01) Park fee = $21,409.94 (Per Resolution No. P-01-05, approving TTM 00-01) Pro rata share for construction of Scripps Poway Parkway = $33,854.54 (Per Resolution No. P-01-05, approving TTM 00-01) Street light energizing fee = $140.00 (Per Resolution No. P-O1-05, approving TTM 00-01) L. 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 and City of Poway Ordinance No. #64. 2. The buildings 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 Sheriff Department ASTREA criteria. 3. A fire hydrant will be required ofthis project. The Fire Prevention Bureau will determine the location of the hydrant. 4. A wild land fuel mitigation plan shall be submitted to eliminate any potential threat of spread of fire from the proposed building and the open space easement. The Directors of Safety Services, and Development Services shall approve this plan prior to building occupancy. M. Prior to issuance of a Certificate of Occupancy, the applicant shall comply with the following: 1. Completion of public improvements. Driveways, drainage facilities, slope landscaping and protection measures, and utilities shall be constructed, completed, and inspected by the Engineering Inspector. Resolution No. P- 04-36 Page 14 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. Record drawings of the grading and improvements plans, 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 a manner to allow the City adequate time for review and approval prior to issuance of occupancy and release of grading securities. 5. Dedication of easements to the City for new public water lines and general utility easement. 6. Posting of a warranty bond for the constructed public water system improvements shall remain in effect for a period of one year. 7. Grading securities shall be released only upon completion ofthe grading and upon City approval of the record drawings of the grading plans. 8. Performance securities for public improvements, if posted and separate from the grading securities, shall only be reduced twice before completion of improvements. 9. Payment securities and remaining performance securities, if any, shall be released no sooner than 90 days after City's acceptance of improvements, posting of warranty security, and approval of record drawings. 10. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 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. 11. Approved numbers or addresses 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. Section 6: The approval of Conditional Use Permit 02-06 and Development Review 02-08 shall expire on May 18, 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 CUPIDR approval has commenced prior to its expiration. Section 7: 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 May 18, 2004. Resolution No. P- 04-36 Page 15 Section 8: City Council Resolution P-02-27 is rescinded in its entirety. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 18th day of May 2004. ATTEST: 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- 36 , was duly adopted by the City Council at a meeting of said City Council held on the 18th day of May 2004, and that it was so adopted by the following vote: AYES: GOLOBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: EMERY