Res P-05-26
RESOLUTION NO. P-05-26
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING UNDERGROUND WAIVER 05-01
ASSESSOR'S PARCEL NUMBER 272-761-17
WHEREAS, Underground Waiver (UW) 05-01 was submitted by Medi
Mohammadi, Applicant, to request that the City Council waive the requirement to
underground 280 linear feet of overhead utility lines and a pole along the northeastern
corner of the property located on the north side of Highlands Ranch Road, within the
Rural Residential C (RR-C) zone, and identified as Lot 17 of Highlands Ranch Estates,
TTM 88-01; and
WHEREAS, the undergrounding operation would lead to destruction of
approximately 0.20-acres of Coast Live Oak Woodland and Diegan Coastal Sage Scrub
vegetation which is located within an Open Space Easement and adjacent to the San
Dieguito River Park open space; and
WHEREAS, the likelihood that an undergrounding district will be formed which will
affect these overhead lines in the future; and
WHEREAS, a deed covenant is required which precludes opposition to a future
undergrounding district should one be formed and would require the applicant or future
property owner to pay pro rata share toward the undergrounding costs; and
WHEREAS, on April 12, 2005, the City Council reviewed the request.
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 1 Categorical
Exemption from the California Environmental Quality Act (CEQA) pursuant to Section
15301 of the CEQA Guidelines, in that the subject utility lines and pole are existing.
Section 2: The findings, in accordance with City Council Resolution No. 91-003, an
underground waiver may be granted should the underground service substantially impact
environmental resources associated with the construction and installation of underground
service. The City Council hereby finds that relocating the pole and placing a portion of
the overhead transmission line underground will not cause a substantial impact on the
environment.
Section 3: The City Council hereby approves a partial underground waiver subject to the
following conditions:
1. The pole shall be reduced in height and/or relocated up to 100 feet from its current
location as needed to reduce the visual affect upon Lot 16 (APN 272-761-16) and
Resolution No. P-05-26
Page 2
that utilities be extended underground from their present location to the new
location of the pole to the satisfaction of the Director of Development Services.
2. Compliance with the aforementioned pole modification/relocation, the City Council
determines that all undergrounding utility requirements of TTM 88-01 pursuant to
Condition K.1. contained in Resolution Nos. P 83-52 and P 86-05 have been
satisfied.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, this 12th day of April 2005.
ATTEST:
~&~
L. iane Shea, City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P-05-26 duly adopted by the City
Council at a meeting of said City Council held on the 12th day of April 2005, and that it
was so adopted by the following vote:
AYES:
NOES:
BOYACK, HIGGINSON, REXFORD, CAFAGNA
NONE
ABSENT:
EMERY
DISQUALIFIED:
NONE
Xb,~
City of Poway