Res P-05-43
RESOLUTION NO. P-05-43
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING UNDERGROUND WAIVER 05-01
AND RESCINDING RESOLUTION NO. P-05-26
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, 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 a pro rata share toward the undergrounding costs; and
WHEREAS, on April 12, 2005, the City Council approved UW 05-01 subject to
conditions pursuant to Resolution No. P-05-26; and
WHEREAS, on May 9. 2005 the applicant submitted a request for a rehearing of
UW 05-01; and
WHEREAS, on May 24, 2005 the City Council considered the information
presented and voted to rehear UW 05-01; and
WHEREAS, on June 7, 2005 the City Council reheard UW 05-01; and
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, are
made as follows:
A. Undergrounding the service would not result in removal of the pole, but only its
relocation. Relocating the subject pole and placing the service underground would
Resolution No. P-05-43
Page 2
substantially impact environmental resources associated with the construction and
installation of underground service in that undergrounding the line will require
undesirable grading and habitat removal within the open space easement to
provide an access road for SDG&E and create visual impacts to other neighboring
properties due to the increased grading and habitat removal because of the steep
and rocky terrain.
Section 3: The City Council hereby approves a partial underground waiver subject to the
following conditions:
A. The waiver does not apply to the service to any structures on Lot 17 and all utility
lines between any structure and the nearest pole must be placed underground.
B. All new service required shall be placed underground.
C. The property owner shall record a deed covenant agreeing not to oppose an
undergrounding district and to pay a pro rata share of future undergrounding costs.
D. The applicant shall extend the existing tree row on Lot 16 with a tree or trees of
sufficient size to screen the pole from Lot 16, to the satisfaction of the Director of
Development Services.
Section 4: Resolution No. P-05-26 is hereby rescinded.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, this 7th day of June 2005.
ATTEST:
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Sherrie D. Worrell, Deputy City Clerk
Resolution No. P-05-43
Page 3
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-05-43 duly adopted by
the City Council at a meeting of said City Council held on the 7th day of June 2005, and
that it was so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
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errie D. Worrell, Deputy CI y Clerk
City of Poway