Res 12-005RESOLUTION NO 12 -005
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
RESCINDING RESOLUTION NO 08 -004
ASSESSOR'S PARCEL NUMBERS 275 - 530 -17 AND 18
WHEREAS, on July 16, 2007, the City Engineer sent letters to the property owners
of 12935 and 12941 Avenida La Valencia informing them that two chain link fences
recently constructed across a creek on their properties required a development permit in
accordance with PMC Section 16 86 010, and
WHEREAS, on December 18, 2007, the two property owners filed a request with
the City Clerk to appeal the decision of the City Engineer that the property owners were
required to remove their fences or apply for a development permit; and
WHEREAS, on January 15, 2008, the City Council of the City of Poway conducted
a hearing in accordance with PMC Section 16 86 040 to consider the property owners'
appeal of the requirement that they obtain a Floodplain Development Permit for
construction of the fences across the creek; and
WHEREAS, on January 15, 2008, the City Council of the City of Poway adopted
Resolution No 08 -004, denying the appeal
WHEREAS, the property owners filed Writs of Mandate with the Court to appeal
the January 15, 2008 decision of the City Council, and
WHEREAS, on September 19, 2011, the Court ordered the City of Poway to set
aside its decision to require the property owners to obtain a development permit for the
fences
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows
Section 1 That Resolution No 08 -004, entitled, "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 Requirement to Obtain a Development permit for Construction in a
Regulated Floodplain (12935 and 12941 Avenida La Valencia) APN No 275 - 530 -17 and
275 - 530 -18 ", is hereby rescinded and no longer in effect.
Section 2 The parties are hereby informed that the time within which judicial review of
this decision must be sought is governed by Section 1094 6 of the Code of Civil Procedure
Resolution No 12 -005
Page 2
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 21st day of February 2012
1
Don Higginson, Mayor
ATTE
Li royan, MMC, City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO)
I, Linda A Troyan, MMC, City Clerk of the City of Poway, do hereby certify under
penalty of penury that the foregoing Resolution No 12 -005 was duly adopted by the City
Council at a meeting of said City Council held on the 21 st day of February 2012, and that it
was so adopted by the following vote.
AYES BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON
NOES. NONE
ABSENT NONE
DISQUALIFIED NONE
/ Linda A Troyan, MMC, City Clerk
City of Poway