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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: ~JMuu~ - 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 ~Pfi{l lJu.. Y/lllf!a errie D. Worrell, Deputy CI y Clerk City of Poway