Res P-10-07RESOLUTION NO. P -10 -07
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR DEVELOPMENT REVIEW (MDRA) 09 -23
ASSESSOR'S PARCEL NUMBER 277- 230 -12
WHEREAS, MDRA 09 -23, submitted by John Jensen, Applicant/Gary Sabin,
Owner, requests approval to install a vehicle access gate across Sunset Point Road in
the Rural Residential -A zone, and
WHEREAS, on March 2, 2010, the City Council reviewed the request and
solicited comments from the public, both pro and con, relative to this application.
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 3 Categorical
Exemption from the California Environmental Quality Act (CEQA) pursuant to Section
15303 of the CEQA Guidelines, in that the project involves the construction of a small
structure.
Section 2 : The findings in accordance with Section 17.52 of the Poway Municipal Code,
to approve MDRA 09 -23 to permit the installation of a vehicle access gate across
Sunset Point Road are as follows:
A. That the proposed use respects the interdependence of land values and
aesthetics to the benefit of the City because the gate will consist of decorative
painted steel and will not detract from the design of the residential
development; and
B. That the approved project will not have an adverse affect on the aesthetics,
health, safety, or architectural related impact on adjoining properties, as the
gate will have an attractive design incorporated into a decorative rock wall
fence, pilaster and planter, and is located within the road right -of -way.
Therefore the proposed design, size and scale of the gate is compatible with
and will not adversely affect, or materially detrimental to, adjacent uses,
residents, buildings, structures, or natural resources, and
C. That the granting of the Minor Development Review would not be materially
detrimental to the public health, safety, or welfare, since the gate will have a
Opticom and key switch devise to allow emergency vehicle access; and
D. That the proposed gate complies with each of the applicable provisions of the
Zoning Ordinance and the General Plan; and
Resolution No. P -10 -07
Page 2
E. That Sunset Point Road provides the only access /egress to the subdivision
and that the gating of the road will not preclude the interconnection of Sunset
Point Road to other roadways or neighborhoods or limit access of emergency
and service /utility vehicles to the subdivision.
Section 3 : The City Council hereby approves Minor Development Review (MDRA)
09 -23, to allow a gate across Sunset Point Road, as shown on plans on file with the
Development Service Department, subject to the following conditions:
A. Approval of this MDRA 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 approval the applicant shall submit in writing that all conditions
of approval have been read and understood.
C. The gated entry shall be constructed based on approved building plans and
Building Permit (electrical) issued by the Development Services Department.
D. Prior to obtaining a final inspection on the Building Permits, the applicant shall
comply with the following:
1. The site shall be developed in accordance with the approved plan on file
in the Development Services Department and the conditions contained
herein. A final inspection from the appropriate City Departments will be
required.
2. The gate shall be designed to be wide enough to provide Fire Department
access to the full paved right of way width of Sunset Point Road, to the
satisfaction of the Director of Safety Services.
3. The applicant shall provide key switch locking mechanism on the gate that
is rapidly accessible to Fire Department personnel, to the satisfaction of
the Director of Safety Services.
4. The applicant shall provide a traffic preemption device (Opticom) system
on the gate structure, to the satisfaction of the Director of Safety Services.
5. Obtain a letter of soil stability from a geotechnical engineer regarding the
compacted fill behind the rock boulders that are acting as a gravity
retaining wall.
6. Process a construction change through engineering showing the location
of the gate and all related road improvements (berms, walls and any
revised grading).
Resolution No. P- 1047
Page 3
Section 4 : The approval of MDRA 09 -23 shall expire on March 2, 2012, unless the
applicant applies for and obtains approval of a Building Permit.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 2nd day of March I'D
Don Higginson, Mayor
ATTEST:
Li A. royan, MMC, City Cler
Resolution No. P -10 -07
Page 4
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. P -10 -07 was duly adopted by the
City Council at a meeting of said City Council held on the 2nd day of March 2010, and
that it was so adopted by the following vote:
AYES: Boyack, Cunningham, Rexford, Kruse, Higginson
NOES: None
ABSTAIN: None
ABSENT: None