Res 10-053RESOLUTION NO. 10 -053
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
ADOPTING FINDINGS IN SUPPORT OF ITS DECISION
TO DENY AN APPEAL CHALLENGING THE DEFENSIBLE SPACE REQUIREMENT
TO REDUCE HIGHLY FLAMMABLE CHAPARRAL
WITHIN 100 FEET OF HABITABLE STRUCTURES (11612 CREEK ROAD)
ASSESSOR'S PARCEL NUMBER 320 - 020 -18
WHEREAS, George and Helen Wu are the current owners of the property
addressed as 11612 Creek Road, Poway, California; and
WHEREAS, on August 5, 2008, the City Council introduced and held the first
reading of Ordinance 677, An Ordinance of the City of Poway, amending Chapter 8.76 of
the Poway Municipal Code. Chapter 8.76 of the Poway Municipal Code governs the
process for the abatement of weeds and dry grasses, and waste accumulations that
constitute a public nuisance. On August 19, 2008 the City Council passed and adopted
Ordinance 677 and adopted a Resolution concerning the Wildfire Defensible Space
Program (WDSP) Policy; and
WHEREAS, Poway Municipal Code
property owners reduce highly flammable
structure; and
( "PMC ") section 8.76.030 requires that
chaparral with 100 feet of any habitable
WHEREAS, on December 3, 2009 George and Helen Wu were notified by mail
that their property at 11612 Creek Road was included in the City of Poway's WDSP; and
WHEREAS, on December 17, 2009, Code Compliance Officers Marc LeDrew and
Darcy Sare inspected 11612 Creek Road with the property owners George and Helen
Wu, and verbal instructions were given to Helen Wu to reduce approximately 50 feet of
native vegetation from three habitable structures; and
WHEREAS, on April 16, 2010, a Notice of Violation letter and Notice of Public
Nuisance was sent to 11612 Creek Road for failure to complete the required abatement
of native vegetation, and The Notice of Public Nuisance served as the required legal
notification should the City have to abate the nuisance; and
WHEREAS, on June 9, 2010, an appeal hearing was scheduled by Assistant City
Manager Tina White which was not attended by the Appellants; however, documentation
submitted by the Appellants and the City's Code Compliance Division was considered by
the Assistant City Manager; and
WHEREAS, on June 16, 2010, the Assistant City Manager issued a Notice of
Decision that a violation of PMC Section 8.76.030 exists on the property and required that
the nuisance be abated by June 30, 2010; and
Resolution No. 10 -053
Page 2
WHEREAS, on June 24, 2010, Appellants filed a request with the City Clerk to
appeal the decision of the Assistant City Manager that Appellants are required to reduce
highly flammable chaparral within 100 feet of any habitable structure; and
WHEREAS, PMC Chapter 2.20 states that the City Council shall hear and decide
appeals to the decisions of any hearing officer, board, committee, commission or
department subordinate to the City Council; and
WHEREAS, on July 20, 2010, the City Council of the City of Poway conducted a
hearing in accordance with PMC Chapter 2.20 to consider Appellant's appeal of the
requirement that they reduce highly flammable chaparral within 100 feet of any habitable
structure: and
WHEREAS, evidence was submitted and considered, including, without limitation:
A. Resolution
B. Assistant City Manager's Notice of Decision (including all exhibits and
attachments)
C. Letter from the Wus to Kevin Kitch
D. Request for Appeal to City Council
E. Area Map
F. Map showing approximate Defensible Space area
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Poway
as follows:
Section 1: The foregoing recitals are true and correct, and the City Council so
finds and determines.
Section 2: Based on the evidence presented at the hearing conducted on
July 20, 2010, the City Council makes the following findings:
A. The Appellants are found to be in violation of PMC Section 8.76.030,
Defensible Space, Vegetation Management, and Waste Accumulations, and the Notice of
Public Nuisance is hereby upheld.
B. If the nuisance is not abated by July 30, 2010, the City may abate the
nuisance and charge the Appellants the cost of the abatement including administrative
costs and reasonable interest, from the date of the abatement. The City is authorized by
Government Code Section 39572 to enter the private property in order to abate the
nuisance.
Section 3: Based on the foregoing findings the City Council of the City of Poway
hereby denies the appeal, and determines that Appellants are required to reduce highly
flammable chaparral on their property within 100 feet of any habitable structure pursuant
to Poway Municipal Code Section 8.76.030.
Resolution No. 10 -053
Page 3
PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway,
State of California this 20th day of July 2010.
Don Higginson, Mayor
ATTEST:
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No. 10 -053, was duly adopted by the
City Council at a meeting of said City Council held on the 20th day of July 2010, and that
it was so adopted by the following vote:
AYES: BOYACK, CUNNINGHAM, MULLIN, KRUSE, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Troyan, MMC, City Clerk