Res P-04-80
RESOLUTION NO. P-04- 80
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR DEVELOPMENT REVIEW (MDRA) 04-59
ASSESSOR'S PARCEL NUMBER 317-770-57
WHEREAS, MDRA 04-59, submitted by Park Creek Homeowner's Association,
Applicant, requests approval to block vehicle access with a fence with rollers at Creek
Park Drive and Bowron Road in the Residential Condominium (RC) zone; and
WHEREAS, on October 19, 2004, the City Council reviewed the request and
solicited 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 proposed project is Categorically Exempt as a Class 3 Categorical
Exemption from the California Environmental Quality Act (CEQA) pursuant to Section
15303 of the CEQA Guidelines, in that the project involves the construction of a small
structure.
Section 2: The findings in accordance with Section 17,52 of the Poway Municipal Code,
to approve MDRA 04-59 to permit the installation of a fence with rollers and pedestrian
gate across the Creek Park Drive right of way at the Bowron Road intersection are as
follows:
A. That the proposed use respects the inter-dependence of land values and the
aesthetics to the benefit of the City because the fence and gate will consist of
decorative iron and will not detract from the design of the residential
development; and
B. That the approved project will not have an adverse affect on the aesthetics,
health, safety, or architectural related impact on adjoining properties, as the
gate will have an attractive wrought iron design. Therefore the proposed
design, size and scale of the gate is compatible with and will not adversely
affect, or materially detrimental to, adjacent uses, residents, buildings,
structures, or natural resources; and
C. That the granting of the Minor Development Review would not be materially
detrimental to the public health, safety, or welfare since the fence with rollers
will have a Knox box to allow emergency vehicle access; and
D. That the proposed fence with rollers and pedestrian gate comply with each of
the applicable provisions of the Zoning Ordinance and the General Plan.
Resolution No. P-04- 80
Page 2
Section 3: The City Council hereby approves Minor Development Review (MDRA) 04-
59, to allow a fence with rollers and pedestrian gate across the Creek Park Drive right of
way at the Bowron Road intersection, as shown on plans on file with the Development
Service Department, subject to the fOllowing conditions:
A. Approval of this MDRA shall apply only to the subject project and shall not waive
compliance with all sections of the Zoning Ordinance and all other applicable City
Ordinances in effect at the time of Building Permit issuance.
B. Within 30 days of approval the applicant shall submit in writing that all conditions
of approval have been read and understood.
C. The gated entry shall be constructed based on approved building plans and
Building Permit (electrical) issued by the Development Services Department.
D. Prior to obtaining a final inspection on the Building Permits, the applicant shall
comply with the following:
1. The site shall be developed in accordance with the approved plan on file
in the Development Services Department and the conditions contained
herein. A final inspection from the appropriate City Departments will be
required.
2. A City lock shall be placed on the fence with rollers to the satisfaction of
the Director of Public Works.
3. The fence with rollers shall be designed to be wide enough to provide Fire
Department access to the full paved right of way width of Creek Park Drive
to the satisfaction of the Director of Safety Services.
4. The applicant shall provide locking mechanism on the fence with rollers
that can be rapidly accessible to Fire Department personnel to the
satisfaction of the Fire Marshal.
Section 4: The approval of MDRA 04-59 shall expire on October 19, 2006, unless the
applicant applies for and obtains approval of a Building Permit.
Resolution No. P-04- 80
Page 3
PASSED, ADOPTED AND APPROVED by the City Council of the City of
Poway, State of California, this 19th day of October 2004.
ATTEST:
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Jeanne Bunch, Interim City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. P-04-80 was duly adopted by the
City Council at a meeting of said City Council held on the 19th day of October 2004, and
that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
e Bunch, Interim City Clerk
of Poway