Res P-04-59
RESOLUTION NO. P-04-59
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING DEVELOPMENT REVIEW (DR) 04-04
ASSESSOR'S PARCEL NUMBERS: 320-230-01 through 07,10, and 11
WHEREAS, DR 04-04, submitted by The Reserve at Poway, LP, Applicant: A
request to construct 9 single-family homes on the 9 lots of Final Map 14018, located on
Grange Place and Creek Road, within the Creek Road Enclave in the South Poway
Planned Community zone; and
WHEREAS, on August 31, 2004, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this application.
NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Poway as
follows:
Section 1: The City Council finds that the proposed project has been adequately
addressed in, and is within the scope of, the Mitigated Negative Declaration (MND)
approved for TTM 98-07 on June 8, 1999. The project is within the scope of the prior
environmental document; therefore, no additional environmental review or notice is
necessary.
Section 2: Pursuant to the City of Poway Habitat Conservation Plan (Poway HCP),
biological reports prepared by Mooney & Associates, dated February 5, 1999, and May 25,
2004, were submitted for the property. Project development will impact Chaparral habitat
located on property that is outside of the Mitigation Area ofthe Poway HCP. In accordance
with the Poway HCP, the required findings for approval of the proposed mitigation for the
removal of Chaparral habitat for Development Review 04-04 are as follows:
A. The proposed project is outside of the Mitigation Area of the Poway HCP. The
mitigation is consistent with and furthers the implementing objectives of the Poway
HCP in that the applicant will mitigate impacts to Chaparral habitat at a 1:1 ratio.
Said mitigation will be through off-site dedication of suitable Chaparral habitat and
the recordation of a Biological Conservation Easement deed preserving comparable
undisturbed and unencumbered habitat of equal or greater conservation value
located within the HCP Mitigation Area, and/or by the payment of Habitat Mitigation
In-Lieu Fees ($1 O,OOO/acre).
B. Preservation of such habitat within the Mitigation Area and/or payment of In-Lieu
Fees will contribute toward the building of the ultimate total Mitigation Area preserve
system of the HCP. Therefore, such habitat preservation and/or payment of In-Lieu
Fees will serve to enhance the long-term viability and function of the preserve
system.
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C. The habitat preserved through off-site dedication, or purchased by Habitat Mitigation
In-Lieu Fees paid, will be to the long-term benefit of the Poway Subarea Habitat
Conservation Plan (PSHCP) covered species and their habitats in that the
recordation of a Biological Conservation Easement deed over undisturbed and
unencumbered habitat (See "A" above) and/or the payment of In-Lieu Fees, will
promote a meaningful addition to the assembly of a viable regional system of
uninterrupted natural habitat resources, habitat linkages, buffers, and wildlife
corridor.
D. The preserved habitat will foster the incremental implementation of the PSHCP in
an effective and efficient manner in that the preservation of off-site conservation
area(s) will be within an identified Mitigation Area within the City, and/or the
payment of In-Lieu Fees will likewise contribute towards assembling the total
Mitigation Area preserve system.
E. The preserved habitat will not result in a negative fiscal impact with regard to the
successful implementation of the PSHCP as the subject mitigation lands will be
dedicated to the City of Poway in fee title and/or placed within permanent public
biological conservation easement deeds or In-Lieu Fees will be paid.
Section 3: The findings, in accordance with Section 17.52 ofthe Poway Municipal Code,
for DR 04-04 are made as follows:
A. The project is consistent with the Poway General Plan and the Creek Road Enclave
of the South Poway Specific Plan in that it involves the construction of 9 single-
family residences on land designated for single-family development. The project
has been designed to comply with the development standards for the Creek Road
Enclave area.
B. The project will not have an adverse health, safety, or aesthetic impact upon
adjoining properties in that the project's infrastructure improvements, grading, and
home construction are in full compliance with all City development standards.
C. That the project is in compliance with the Zoning and Grading Ordinances in that the
project complies with all City development standards of the Creek Road Enclave
area, including those relating to building setbacks, building heights, lot coverage,
and all City grading requirements.
D. That the development encourages the orderly and harmonious appearance of
structures and property within the City as the surrounding properties consist of
single-family residences.
Section 4: The findings, pursuant to Government Code Section 66020 for the public
improvements for DR 04-04, are to be made as follows:
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A. The design and improvements of the proposed development are consistent with all
elements of the Poway General Plan, as well as City Ordinances, because all
necessary services and facilities will be available to serve this project. The payment
of fees toward public improvements is needed as a result of the proposed
development to protect the public health, safety, and welfare as identified below:
a. The project requires payment of drainage, park, affordable housing, and
traffic mitigation fees, which are assessed on a pro-rata basis to finance and
provide public infrastructure improvements to promote a safe and healthy
environment for the residents of the City.
Section 5: The City Council hereby approves DR 04-04 to construct 9 single-family
residences, pursuant to Tentative Tract Map 98-07, on 7.4 acres located at the southwest
side of Creek Road, including two existing home sites at 11670 and 11674 Creek Road, as
shown on the site plan dated July 7, 2004, and floor and building elevation plans dated
May 28, 2004, subject to the following conditions:
A. Approval of DR 04-04 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 the date of this approval, the applicant shall submit in writing that
all conditions of approval have been read and understood.
C. The conditions of DR 04-04 shall remain in effect for the life of the subject
residences and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner.
D. DR 04-04 is subject to all Conditions of Approval established for TTM 98-07 under
City Council Resolution P-99-43.
E. Prior to Grading Permit issuance, the applicant shall comply with the following:
1. The applicant shall submit to the City for review and approval of precise
grading plans, erosion control plan, Storm Water Pollution Prevention Plan
(SWPPP), Grading Permit application, and geotechnical report/s to the
Engineering Division of Development Services Department.
a. Grading of the project shall be in substantial conformance with the
development plan as submitted for conditioning of this development
review application and in accordance with the Uniform Building Code,
City Grading Ordinance, and City Storm Water Management and
Discharge Control Ordinance.
b. Erosion control, including, but not limited to, desiltation basins, shall
be installed and maintained from Oct. 15th to April 15th. An erosion
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control plan shall be prepared by the project civil engineer and shall
be submitted as part of the grading plan. The applicant/developer
shall make provisions to insure proper maintenance of all erosion
control devices.
c. A SWPPP shall be prepared, providing the erosion, sedimentation,
and pollution control measures to be used during construction.
d. A Notice of Intent (NOI) shall be obtained from the Regional Water
Quality Control Board. A copy of the NOI and/or proof of filing shall
be provided to the City.
e. No slopes shall be created over City-held easements, unless
otherwise approved by the Director of Development Services and/or
the City Engineer.
2. Right-of-Way Permit shall be obtained from the Engineering Division of the
Development Services Department for any work to be done in public street
rights-of-way or City-held easements.
3. The applicant/developer shall pay the following fees:
a. Grading Permit, plan checking, inspection, and geotechnical review
fees. The Grading Permit fee shall be paid at first submittal of
grading plans. The geotechnical review fees are limited to one review
of the preliminary soils report and one review of the compaction
report. Any additional review is subject to additional fees, the amount
of which shall be determined by the City project engineer.
b. Posting and/or payment of grading securities.
4. City approval of soils report and grading plans.
5. Submit a request for and subsequently hold a pre-construction meeting with
a City Engineering inspector. The applicant/developer shall be responsible
that necessary individuals, such as, but not limited to, contractors,
subcontractors, project civil engineer, and project soils engineer must attend
the pre-construction meeting.
6. The following improvements shall be completed to the satisfaction of the
Director of Development Services:
a. A Biological Impact Analysis prepared by a qualified biologist shall be
submitted to the Planning Division. The analysis shall quantify how
much habitat will be impacted by project development (including, but
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not limited to, building pad and driveway grading, utility improvements,
required brush management, etc.).
b. The subject property is located outside of the PSHCP Mitigation Area;
therefore, off-site dedication of unencumbered habitat of equal or
greater conservation value is required. Said off-site dedication shall
require the applicant to place 1:1 in-kind habitat in a Biological
Conservation Easement. Said Conservation Easement shall be
approved by the Director of Development Services and shall be
notarized and recorded with the County of San Diego. In compliance
with the PSHCP, the City shall subsequently re-zone the mitigation
land to Open Space-Resource Management to insure its permanent
preservation. The developer may opt to complete the mitigation
requirement through payment of a Habitat Mitigation In-Lieu Fee.
Presently, the Habitat Mitigation In-Lieu Fee is $10,000/acre.
7. In accordance with Condition H ofthe PSHCP Incidental Take Permit, a take
of active California Gnatcatcher nests, which includes harassment ofthe bird
due to grading noise and vibrations from February 15 through July 1, is not
permitted. Therefore, any grading or clearing during this timeframe will only
be permitted subject to the following conditions having been met to the
satisfaction of the Director.
The applicant is hereby advised that, during grading, if active nests are found
within 500 feet ofthe grading, the grading activity shall be stopped until such
time as mitigation measures to the satisfaction of the City and the United
States Fish and Wildlife Service (USFWS) are implemented. There is no
guarantee that grading will be allowed to resume.
a. Before issuance of a Clearing/Grading Permit, if grading or clearing is
to occur between February 15 and July 1, the applicant shall provide
to the Planning Division a letter from a qualified biologist retained by
the applicant, with a scope of work for the CSS habitat and
Gnatcatcher Survey and a map showing all habitat areas including all
CSS habitat within 500 feet of the area to be graded. The biologist
shall contact the USFWS to determine the appropriate survey
methodology. The purpose of the survey is to determine if any active
Gnatcatcher nests are located in the area to be cleared or graded, or
if CSS habitat is within 500 feet of such area. To be considered
qualified the biologist must provide the City with a copy of a valid
Gnatcatcher Recovery permit from the USFWS. The scope of work
shall explain the survey methodology for the biological survey and the
proposed Gnatcatcher nest monitoring activities during the
clearing/grading operation.
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b. Should the survey show, to the satisfaction of the Director of
Development Services, that active Gnatcatcher nests are not present
within the area to be graded or cleared, or within 500 feet of said
area, approval may be granted to commence grading/clearing within
the Gnatcatcher nesting season between February 15 and July 1 with
appropriate monitoring during that time.
c. If Gnatcatchers are present within the area to be graded/cleared, or
within 500 feet of that area, no grading will be allowed unless
appropriate mitigation is completed.
8. The biologist must attend the City's pre-construction meeting for the project
and must be present on-site during all clearing/grading activities to monitor
that the clearing/grading activities stay within the designated limits. During
this period, the biologist shall also monitor and survey the habitat within the
area to be cleared/graded and any habitat within 500 feet of said area on a
daily basis for any evidence that a Gnatcatcher nest(s) exists or is being
built. Weekly monitoring summaries shall be submitted to the Planning
Division. Should evidence of a Gnatcatcher nest(s) be discovered, the
grading operation shall cease in that area and be directed away from the
Gnatcatcher nest(s) to a location greater than 500 feet away from the
nest(s). If grading is required to stop due to the presence of active nests, the
applicant shall provide erosion control to the satisfaction of the City Engineer.
This paragraph must be included as a note on the cover sheet of the
clearing/grading plan.
9. Upon completion of the clearing/grading activities, the applicant's biologist
shall submit to the Director of Development Services a biological monitoring
report summarizing the daily observations of the biologist, including whether
any Gnatcatchers or evidence of active Gnatcatcher nests were present
during clearing and grading activities within the area and any habitat within
500 feet of said area.
10. At a minimum, all protected areas, as shown on the grading plan, shall be
staked by a licensed surveyor, and delineated with lathe and ribbon. The
applicant shall have said staking inspected by the Engineering Inspector prior
to any grading, clearing, or grubbing. A written certification from the engineer
of work, or a licensed surveyor, shall be provided to the Engineering
Inspector stating that all protected areas are staked in accordance with the
approved project plans.
11. The biologist shall provide the City with written confirmation that the limits of
clearing/grading are in accordance with the project's Biological Resource
Assessment.
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12. No grading shall be permitted within 50 feet of the centerline of the stream
over Lots 1, 4, and 5.
F. Prior to construction, the applicant shall obtain a Building Permit. Priorto issuance
of a Building Permit, the applicant shall comply with the following:
1. The site shall be developed in accordance with the approved plans on file in
the Development Services Department and the conditions contained herein.
2. The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in
effect at the time of Electrical/Building Permit issuance.
3. Rough grading approval shall be obtained subject to compliance with the
following:
a. Grading of the project shall be in substantial conformance with the
approved development plan and in accordance with the Uniform
Building Code, City Grading Ordinance, City Storm Water
Management and Discharge Control Ordinance, and Drainage and
Watercourses Ordinance.
b. A drainage system capable of handling and disposing of all surface
water originating within the subdivision and all surface water that may
flow onto the subdivision from adjacent lands shall be constructed.
c. Erosion control, including, but not limited to, desiltation basins, shall
be installed and maintained from October 15th to April 15th. An
erosion control plan shall be prepared by the project civil engineer and
shall be submitted as part of the grading plan. The
applicant/developer shall make provisions to insure proper
maintenance of all erosion control devices.
d. The Storm Water Pollution Prevention Plan (SWPPP) shall be
submitted with the precise grading plans. The SWPPP shall provide
the erosion, sedimentation, and pollution control measures to be used
during construction.
e. A Right-of-Way Permit shall be obtained from the Engineering
Division of the Development Services Department for any work to be
done in public street rights-of-way or City-held easements.
4. The following improvements shall be completed to the satisfaction ofthe City
Engineer:
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a. Completion and approval by the City of rough grading of each lot.
b. City approval of soils' compaction report.
c. City approval of a certification of line and grade issued and prepared
by the project's civil engineer or City-approved replacement
professional.
d. Payment of development fees to the City, unless other payee is
indicated. The fees and the corresponding amounts are as follows
and are subject to change without further notice. The amounts to be
paid shall be those in effect at time of payment. Applicant/developer
shall advise the City of the number and size of water meters to be
installed.
Water base capacity fee (Resolution No. 91-123)
For 'y." meter = $3,710.00 per meter
For 1" meter = $6,678.00 per meter
For 1%" meter = $10,388.00.00 per meter
Other meter sizes = Contact Engineering Division
Water meter fee (Resolution No. 91-123)
For 'y." meter = $130.00 per meter
For 1" meter = $ 270.00 per meter
For 1 %" meter = $ 600.00 per meter
Other meter sizes = Contact Engineering Division
SDCWA capacity charge - To be paid by separate check, payable to
San Diego County Water Authority but remitted to City of Poway.
For %" meter
For 1" meter
For 1 %" meter
Other meter sizes
= $2,004.00 per meter
= $2,994.00 per meter
= $5,613.00 per meter
= Contact Engineering Division
Sewer connection fee = $15,549.60* balance (Which equates to
$1,727.73 per lot for all 9 lots.)
*(8 EDU's x $2,356.00) - $3,298.40 prior payment = $15,549.60
Note: The property has a reserved sewer LOA for 7 EDU's. The
correct number should be 8 EDU's.
In reserving the Sewer Letter of Availability # 269 (LOA 269) for TTM
98-07, it was assumed atthe time of reservation thatthe development
needed 7 EDU's due to the fact that there are 2 existing residences in
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the development. It was verified through City records that only one of
the residences is billed the bi-monthly sewer charge, meaning the
other existing residence is not yet connected to City of Poway's public
sewer line, hence the adjustment is made.
Sewer cleanout fee
= $50.00 per cleanout
Sewer cleanout inspection fee = $25.00 per cleanout
Sewer Line Charge = $44,800.00" (Which equates to $4,977.78 per
lot for all 9 lots.)
($5,600.00 x 9 lots) - $5,600.00 = $44,800.00
$5,600.00 is the amount assessed for each lot and one
credit is taken out (one existing residence is already
charged a bi-monthly sewer bill) of the total amount
due.
.. Subject to verification and/or adjustment. At the time of
conditioning of this Development Review application 04-04, the
applicant has requested information to verify the development
of this amount. Since the information is not readily available,
staff has told him that it shall be provided to him as soon as
possible.
Traffic mitigation fee
per lot for all 9 lots)
= $6,270.00'" (which equates to $696.67
Calculation as follows:
Lot 1 = 1.02 ac. = $990.00 $237.60 = $742.50
Lot 2 = 0.49 ac. = $660.00 $158.40 = $495.00
Lot 3 = 0.37 ac. = $660.00 $158.40 = $495.00
Lot 4 = 1.10 ac. = $990.00 $237.60 = $742.50
Lot 5 = 1.27 ac. = $990.00 $237.60 = $742.50
Lot 6 = 0.94 ac. = $990.00 $237.60 = $742.50
Lot 7 = 0.96 ac. = $990.00 $237.60 = $742.50
Lot 8 = 0.63 ac. = $990.00 $237.60 = $742.50
Lot 9 = 0.60 ac. = $990.00 $237.60 = $742.50
Total = $8,250.00 - $1,980.00 = $6,270.00
... $8,250.00 - $1,980.00 = $6,270.00
where: $1,980.00 is credit for 2 existing
residences (i.e., $990.00 x 2 lots) and this is
pro-rated to all 9 lots.
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Page 10
$8.250.00 = $990.00 or $660
$1,980.00 X
X = $237.60 credit for each lot of those greater than
0.50 acres and $158.40 credit for each lot of those less
than 0.50 acres
Prorate $6,270.00 to 9 lots to come up with $696.67 traffic
mitigation fee per lot.
Park fee = $19,040.00 (Which equates to $2,115.56 per
lot for all 9 lots. The total amount of $19,040.00 was calculated
based on 7 lots since there are 2 existing residences in the
development, even though it may be rebuilt.)
7 lots x $2,720.00 = $19,040.00
$19,040.00 +9 lots = $2,115.56
Drainage fee = None (Public drainage improvements were
constructed in lieu of drainage fee to be charged.)
5. Building plans for the project shall be modified to reflect the changes noted
below:
a. The exterior building colors shall be muted earth tones; the specific
exterior building colors and materials that are consistent with the
project plans dated June 24, 2004, and the project materials sample
board.
b. The locations of any new utility boxes over 3 feet in height shall be
noted on the plans, and screening shall be provided to the satisfaction
of the Director of Development Services.
6. Affordable Housing In-Lieu Fees, pursuant to Section 17.26.100 of the
Poway Municipal Code, shall be paid prior to the issuance of a Building
Permit for each lot.
7. School impact fees shall be paid at the rate established at the time of
Building Permit issuance. Please contact the Poway Unified School District
for additional information at (858) 748-0010, extension 2089.
8. The maximum height of any wall or fence shall not exceed 6 feet (Poway
Municipal Code Section 17.08.240).
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9. All existing overhead utilities shall be undergrounded. The developer, in lieu
of undergrounding, may pay an in-lieu fee to the satisfaction of the City
Engineer.
10. Submit landscape and irrigation plans to the Planning Division for review and
approval. A landscape plan check review fee is required at the time of initial
submittal of the plans. The plans shall be prepared pursuant to the City of
Poway Guide to Landscape Requirements. The plans should address the
following:
a. All created and existing slopes of 5:1 or greater shall be planted and
irrigated with a varied palate of trees, shrubs, and ground cover.
b. Street trees shall be provided in accordance with requirements listed
in the City of Poway Guide to Landscape Requirements.
c. The Brush Management Plan showing fire fuel management zones
shall be incorporated into the landscape documents.
G. The following improvements shall be constructed to the satisfaction of the City Fire
Marshal:
1. Roof covering shall be fire retardant as per UBC Sections 1503 and 1504,
UBC Standard 15-2, and City of Poway Ordinance No. 64 and its amended
Ordinance No. 526.
2. Approved numbers or addresses measuring 4 to 6 inches in height shall be
placed on the building in such a position as to be plainly visible and legible
from the street fronting the property. Said numbers shall contrast with their
background. Address shall be required at private driveway entrances.
3. Each chimney used in conjunction with any fireplace shall be maintained with
a spark arrester.
4. Dead-end fire apparatus access roadways in excess of 150 feet shall be
provided with approved provisions for the turning around of emergency
apparatus as follows: 20-foot minimum width and either a 70-foot diameter
cul-de-sac or 72-foot hammerhead. Curves and topographical conditions
could increase the requirements for turnarounds and the width of access
ways. Exception: a 16-foot private driveway is permissible when serving
two or fewer dwelling units.
5. The access roadway shall be extended to within 150 feet of all portions of the
exterior walls of the first story of any building. Where the access roadway
cannot be provided, approved fire protection system(s) shall be provided as
required and approved by the Division Chief.
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6. A residential fire sprinkler system with a one-inch meter will be required for
each residence and garage. A fire sprinkler system will also be required in
the guest houses of Lots 1 and 5. Plans shall be submitted to the Fire
Prevention Bureau for approval prior to installation. (If a one-inch lateral off
the street main is currently not present, one will have to be installed.)
7. Fire hydrants shall be required within 350 feet of each residence and
installed at locations to be determined by the Fire Marshal. A water analysis
shall be required to establish the adequacy of the existing water main and all
necessary water main extensions to serve the project. Cost of analysis shall
be paid by the applicant/developer prior to submittal of improvement plans.
Installation of fire hydrant/s shall be completed at a time designated by the
Fire Marshal.
8. All lots shall be serviced with one-inch water meters and one-inch laterals.
9. A water system analysis shall be required to verify water flows at each fire
hydrant of 1,000 gallons per minute at 20 psi residual pressure.
10. Gating of private streets require City Council approval. In addition, any gated
entries shall operate to the satisfaction of the Safety Services Department.
All gates electrically operated shall meet the current electrically operated
access gate policy, including "Knox" key override switch and "opticom" traffic
control detection.
11. Prior to delivery of combustible building materials on-site, water and sewer
systems shall satisfactorily pass all required tests and be connected to the
public water and sewer systems. In addition, the first lift of asphalt paving
shall be in place to provide adequate, permanent access for emergency
vehicles.
12. The applicant shall comply with the City of Poway Guide to Landscape
Requirements as it relates to fire fuel management zones.
H. Prior to the City's approval for occupancy and release of securities, unless other
timing is indicated, the following conditions shall be satisfied:
1. The site shall be developed in accordance with the approved plans on file in
the Development Services Department and the conditions contained herein.
A final inspection from the appropriate City Departments will be required.
2. Grading securities shall be released only upon completion of the project and
upon City approval of the record drawings of the grading plans.
3. Submittal to the Development Services Department, Engineering Division, a
Private Road Construction and Maintenance Agreement for that private road
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identified as Grange Place. This agreement shall be subject to review and
approval of the City. Approval and recordation of the Agreement shall be
accomplished prior to issuance of a Certificate of Occupancy to the first
residence in the development.
4. All required brush management, street tree landscaping, and irrigation shall
be installed prior to grant of occupancy of the first residence of the project.
Landscaping and irrigation of 5:1 or greater slopes on individual lots shall be
completed and approved prior to grant of occupancy of said lot.
5. Prior to grant of occupancy of a residence on Lots 1 through 9 ofTTM 98-07,
all conditions of approval listed in Resolution No. P-99-43 shall be
completed.
Section 6: The approval of DR 04-04 shall expire on August 31, 2006, at 5:00 p.m.,
unless, priorto that time, a Building Permit has been issued for at least one of the lots and
construction on the property in reliance on the Development Review Permit has
commenced prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 31st day of August 2004.
ATTEST:
Resolution No. P-04-59
Page 14
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Jeanne Bunch, Interim City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P-04- 59 , was duly adopted by
the City Council at a meeting of said City Council held on the 31 st day of August 2004, and
that it was so adopted by the following vote:
AYES:
EMERY, GOLDBY, HIGGINSON, CAFAGNA
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
REXFORD
ne Bunch, Interim City Clerk
of Poway