Res P-07-23
RESOLUTION NO. P-07-23
A RESOLUTION OF THE CITY COUNCil OF THE CITY OF POWAY, CALIFORNIA
RESCINDING RESOLUTION NO. P-05-20, APPROVING MINOR DEVELOPMENT
REVIEW APPLICATION (MORA) 04-90, ASSESSOR'S PARCEL NUMBERS 321-111-
11 AND 16, APPLICANTS: PROPERTY OWNERS ON EUCALYPTUS HEIGHTS
ROAD AND 14800 BLOCK OF MINA DE ORO ROAD/JOHN FITCH (VEHICLE
ACCESS GATE ACROSS MINA DE ORO ROAD)
WHEREAS, MDRA 04-90, submitted by property owners on Eucalyptus Heights
Road, 14800 block of Mina de Oro Road/John Fitch, Applicants, requested approval of
the installation of a vehicle access gate across Mina de Oro Road, just north of the
Poway Grade intersection, within the Rural Residential Zone; and
WHEREAS, on October 26, 2004, January 18, 2005, February 1, 2005, and
March 22, 2005, the City Council held public meetings to solicit comments from the
public, both pro and con, relative to that application; and
WHEREAS, on March 22, 2005, the City Council approved Resolution P-05-20
and Minor Development Review Application 04-90 to allow a vehicle access gate to be
installed across Mina de Oro Road just north of Poway Grade, on conditions, including
that the Applicants grant Menachem and Peggy Shoval license agreements to allow
them to use Mina de Oro Road to access their property, and that pedestrian access
through the gate be maintained; and
WHEREAS, the Shovals subsequently filed a lawsuit against the City challenging
approval of Resolution P-05-20, by filing a cross complaint against the City in an
existing lawsuit entitled Keena v. Shoval, San Diego Superior Court Case No. GIC
856239; and
WHEREAS, on February 9, 2007, the Court in the Keena v. Shoval case ruled
that the public has rights of access to Mina de Oro Road based on historical use of the
road, and ordered the City to rescind Resolution P-05-20.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: That the proposed project is Categorically Exempt as a Class 3
Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant
to Section 15301 (removal of a small existing structure).
Section 2: That the City Council hereby rescinds Resolution P-05-20, approved
on March 22, 2005, related to Minor Development Review Application 04-90.
Section 3: That the Applicants are hereby ordered to remove the iron gate and
the columns/pilasters installed pursuant to Resolution P-05-20 and MORA 04-90, within
60 days of the approval of this Resolution.
Resolution No. P-07-23
Page 2
PASSED, ADOPTED, AND APPROVED by the City Council of the City of
Poway, State of California this 15th day of May 2007.
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO)
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify under penalty
of perjury that the foregoing Resolution No. P-07-23 was duly adopted by the City
Council at a meeting of said City Council held on the 15th day of May 2007, and that it
was so adopted by the following vote:
AYES:
NOES:
BOYACK,EMERY,REXFORD,CAFAGNA
NONE
ABSENT:
HIGGINSON
DISQUALIFIED: NONE
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City of Poway