Res P-13-13RESOLUTION NO. P -13 -13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING VARIANCE 12 -005 AND
MINOR DEVELOPMENT REVIEW APPLICATION 12 -055
ASSESSOR'S PARCEL NUMBER 273 - 133 -11
WHEREAS, Black Rock Development, LLC, Applicant, requests approval to
construct an approximate 2,905 square -foot, single - family residence and an attached
528 square -foot garage on an approximately 0.72 -acre vacant property at 17757 Del
Paso Drive, in the Single - Family Residential 2 (RS -2) zone, and a request for a Variance
to: (1) observe a 10 -foot front yard setback where 30 feet is required, and
(2) observe a 10 -foot side yard setback where 15 feet is required; and
WHEREAS, on May 21, 2013, the City Council held a public meeting to solicit
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 site improvements will be located on the area of the property
that was previously graded and cleared. The biological impacts related to establishing
fire fuel management zones are adequately addressed by and consistent with the City of
Poway's Subarea Habitat Conservation Plan (PSHCP), companion Implementing
Agreement dated June 1996, and associated Mitigated Negative Declaration. The
proposed construction of the residence and associated variance are Categorically
Exempt from the California Environmental Quality Act (CEQA) as Class 3 and Class 5
Categorical Exemptions, pursuant to Sections 15303 and 15305 of the 2013 CEQA
Guidelines, in that the project involves the construction of a single - family dwelling on an
existing legal parcel located in a residential zone and the variance is for a minor
alteration to land use limitations on a previously developed single - family property that will
not result in changes in land use or density.
Section 2: Pursuant to the HCP, a biological survey and an addendum letter, dated
January 18, 2013, and March 12, 2013, respectively, were prepared for the property by
RC Biological Consulting, Inc. The report found that the site contains 0.46 acres of
Diegan Coastal Sage Scrub (DCSS) and a Gnatcatcher, which is a federally threatened
species, was also detected on the site. The establishment of fuel management zones
will impact 0.24 acres of DCSS.
A. The applicant will mitigate the removal of 0.24 acres of DCSS at a 2:1 ratio
through the combination of: (1) recordation of a Biological Conservation
Easement (BCE) over the 0.22 acres of DCSS remaining onsite site and (2)
recordation of an offsite BCE over 0.26 acres of DCSS habitat within the
Mitigation Area or the payment of an In -Lieu Fee towards the purchase of
mitigation habitat within the Mitigation Area at a rate established by the City.
Although the onsite BCE is not located within the Mitigation Area Boundary of the
HCP, it contains habitat which was found to support a federally threatened
species and is contiguous with a City-owned Open Space Easement that is
Resolution No. P -13 -13
Page 2
partially within the Mitigation Area Boundary and Biological Core Linkage Area
of the HCP. The onsite mitigation is consistent with Section 7.3.3(2) of the
HCP which states that projects outside of the Mitigation Area Boundary will
be evaluated on a case by case basis and that it may be appropriate to preserve
habitat outside the Mitigation Area Boundary where the preservation
accomplishes planning goals and objectives. The mitigation is consistent with and
furthers the implementing objectives of the HCP.
B. The combination of onsite habitat mitigation and offsite habitat mitigation or
payment of an In -Lieu Fee will enhance the long -term viability and function of the
reserve system.
C. The mitigation will be to the long -term benefit of the covered species and their
habitats in that the onsite BCE contains habitat which was found to support a
federally threatened species and is contiguous with a City -owned Open Space
Easement that is partially within the Mitigation Area Boundary and Biological Core
Linkage Area. Furthermore, an offsite BCE within the Mitigation Area will be
recorded or an In -Lieu Fee will be paid to go towards the purchase of land that
will have undisturbed habitat on which a BCE will be recorded. Said land will
promote a meaningful addition to the assembly of a viable regional system of
interconnected natural habitat resources, habitat linkages, buffers, and wildlife
corridors.
D. The mitigation will foster the incremental implementation of the HCP in an
effective and efficient manner in that the onsite BCE is contiguous with other
dedicated open space lands and in that any offsite conservation area is required
to be within an identified Mitigation Area within the City.
E. The mitigation will not result in a negative fiscal impact with regard to the
successful implementation of the HCP.
Section 3: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code (PMC), to approve Variance 12 -005 to allow a proposed 2,905 square -foot, single -
family residence and an attached 528 square -foot garage in the RS -2 zone to observe a
10 -foot front yard setback where 30 feet is required and observe a 10 -foot side yard
setback where 15 feet is required, as shown on approved plans on file at the
Development Services Department, are made as follows:
A. That there are special circumstances applicable to the property and because of
this the strict application of the Zoning Ordinance deprives the property of
privileges enjoyed by other properties in the vicinity with the identical zoning
classification. The special circumstances are that the property has an existing
building pad located near the street and the pad is small relative to the overall
property size (27 percent of the overall property). Moderate to steep topography
over the remainder of the property beyond the limits of the existing building pad
constrains development since it would have to comply with development
standards established for property located within the Very High Fire Hazard Area
Resolution No. P -13 -13
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which limits the placement of home relative to slopes. Furthermore, the
developable portion of the property is impacted by a street right -of -limit that is
based on a cul -de -sac being constructed along the northwest corner of the
property. The cul -de -sac is no longer needed; and, therefore, unnecessarily
impacts the front yard building setback; and
B. Granting the Variance is necessary for the preservation and enjoyment of a
substantial property right enjoyed by other property owners in the same vicinity
and zone, and denied to the property for which the Variance is sought because
the proposed residence will be situated on an existing building pad located
towards the street like other properties in the neighborhood and the other
properties have deeper pads which can provide for needed fire protection; and
C. Granting the Variance would not be
safety or welfare in the vicinity and z
the reduced building setback would r
because the building pad elevation
located 19 feet below the street level
and 20 feet below the building pad E
south; and
materially detrimental to the public health,
me in which the property is located in that
of cause the home to be visually obtrusive
of the proposed 20- foot -high residence is
along the southwest corner of the property
levation of the neighboring property to the
D. Granting the Variance does not constitute a special privilege that is inconsistent
with the limitation upon other properties in the vicinity and zone in that the
Variance will allow the construction of a single - family residence that is allowable in
this zone; and
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the RS -2 zone because single - family residences are permitted in
this zone; and
F. Granting the Variance will be compatible with the Poway General Plan because
the single - family residences are permitted in the zone and the addition does not
result in an increase in residential density.
Section 4: The findings for MDRA 12 -055, in accordance with PMC 17.52.010
Purpose of Development Review, are made as follows:
A. The project has been designed to conform to the General Plan and City
development standards except for the granting of front and side yard setback
variances for which findings can be made. The proposed development would
be located on an existing building pad and the house is developed with a low
profile and color that is compatible with surrounding development. Therefore,
the development respects the interdependence of land values and aesthetics
to the benefit of the City.
Resolution No. P -13 -13
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B. The development encourages the orderly and harmonious appearance of
structures and properties within the City in that the proposed residence will be low
profile, and have earth -toned wall and roof materials that blend in with the natural
setting. The home is located in the most suitable location of the site and has been
designed to minimize grading.
C. The residence will not have an adverse health, safety or aesthetic impact upon
adjoining properties in that the scale and appearance of the development is
consistent with the development of the surrounding development and the
necessary private and public infrastructure improvements will be completed to
serve the project.
D. The proposed residence has been designed to comply with the Zoning Ordinance
and General Plan.
Section 5: The findings, pursuant to Government Code Section 66020, for the public
improvements for VAR 12 -005 and MDRA 12 -055 are made as follows:
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 facilities will be available to serve this project.
B. In accordance with the Poway General Plan, the project requires the payment of
development impact fees, which are assessed on a pro -rata basis to finance
public infrastructure improvements, which promote a safe and healthy
environment for the residents of the City.
In accordance with the Poway General Plan, the project requires the payment of
fire apparatus fees, which are assessed on a pro -rata basis to finance public
infrastructure improvements, which promote a safe and healthy environment for
the residents of the City.
Section 6: The City Council hereby approves VAR 12 -005 and MDRA 12 -055 as
shown on the approved plans on file in the City, subject to the following conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents,
officers, or employees, relating to the issuance of this permit, including, but not
limited to, any action to attack, set aside, void, challenge, or annul this
development approval and any environmental document or decision. The City
may elect to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all of the costs related thereto,
including without limitation reasonable attorney's fees and costs. In the event of a
disagreement between the City and applicant regarding litigation issues, the City
shall have the authority to control the litigation and make Litigation related
Resolution No. P -13 -13
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decisions, including, but not limited to, settlement or other disposition of the
matter. However, the applicant shall not be required to pay or perform any
settlement unless such settlement is approved by applicant.
B. Approval of this VAR and MDRA request 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.
C. Within 30 days of the date of this approval or before submittal of a Building Permit
application, whichever occurs first, the applicant shall submit in writing that all
conditions of approval have been read and understood.
D. The conditions for the project shall remain in effect for the life of the subject
property, and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner.
E. Prior to construction the applicant shall obtain a Building Permit. Prior to issuance
of a Building Permit, the applicant shall comply with the following:
The site plan included with the building plan check shall be consistent with
the approved site plans on file in the Development Services Department
and the conditions contained herein.
2. The applicant shall comply with the latest adopted Title 24 California
Codes, which include CBC, CPC, CIVIC, CEC, Chapter 17.07 PMC, and all
other applicable codes and ordinances in effect at the time of application.
(Engineering)
3. All spoil materials from footings and foundations shall be legally disposed
of offsite unless a Grading Permit for placement of the materials is obtained
from the Development Services Department — Engineering Division prior to
placement or the applicant has received verification from the Department in
writing that no permit is required.
4. The applicant shall pay all applicable development impact fees in effect at
time of permit issuance. Currently, a fire apparatus fee in the amount of
$122.03 is due.
5. The applicant shall incorporate Low Impact Development (LID) design
features into the site development. These shall be clearly shown and
identified on the site plan and be appropriately sized for the proposed level
of development.
6. A minimum cash security for erosion control for $2,000 is required.
Resolution No. P -13 -13
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7. The applicant shall attend a pre- construction meeting at the Development
Services Department. The scheduling request shall be submitted on a City
standard form available from the City's project engineer. The applicant's
action plan that identifies measures to be implemented during construction
to address erosion, sediment and pollution control will be discussed.
Compliance for sediment control shall be provided as directed by the
Engineering Inspector.
8. Erosion control, including, but not limited to, desiltation basins, shall be
installed and maintained by the developer from October 1 to April 30
annually. The developer shall maintain all erosion control devices
throughout their intended life.
9. The applicant shall pay the storm water pollution inspection fee according
to the latest adopted master fee schedule. The current fee amount is
$1,318.
10. Prior to start of any work within a City -held easement or right -of -way, a
Right -of -Way Permit shall be obtained from the Engineering Division. All
appropriate fees shall be paid prior to permit issuance.
(Planning)
11. The applicant shall contact the Poway Unified School District (858-
679 -2570) to verify if school impact fees are required. If required, the
fees shall be paid at the rate established at the time of Building Permit
issuance.
12. Exterior building materials and finishes shall reflect the approved elevations
on file with the City and these conditions of approval, and shall be noted on
the building plans to the satisfaction of the Director of Development
Services.
13. The maximum height of any fence or retaining wall shall not exceed 6 feet.
Retaining walls shall be of decorative block or stucco finish consistent with
the exterior of the residence. Building plans shall clearly show the location,
material and heights of retaining walls.
14. An Administrative Clearing Permit shall be obtained prior to the removal of
habitat in accordance with PMC 16.42.040.C. Prior to the issuance of an
Administrative Clearing Permit, compliance is required with the following:
a. The applicant shall mitigate impacts to 0.24 acres of Diegan Coastal
Sage Scrub (DCSS) habitat at a 2:1 ratio (0.48 acres) as follows:
i. Recordation of a Biological Conservation Easement (BCE)
over the 0.22 acres of DCSS remaining onsite site; and
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ii. Recordation of an offsite BCE over 0.26 acres of DCSS
habitat within the Mitigation Area or the payment of an In -Lieu
Fee towards the purchase of mitigation habitat within the
Mitigation Area at a rate established by the City.
The BCE shall be approved by the City Attorney, and shall be
notarized and recorded with the County of San Diego. The
applicant shall be responsible for preparing a BCE legal plat
map and description, submittal of this information to the City,
and City easement plan check fees. The project's septic field
shall not be included in the BCE.
Note: In compliance with the PSHCP, the City shall process
a General Plan Amendment and Zone Change to change the
land use and zoning designation of the area of the BCE to
Open Space- Resource Management (OS -RM) to ensure its
permanent preservation.
b. To avoid potential impacts to the California Gnatcatcher and DCSS,
in accordance with Condition H of the Poway Subarea Habitat
Conservation Plan Incidental Take Permit, a take of active California
Gnatcatcher nests, which includes harassment of the bird due to
grading noise and vibrations from February 15 through July 1, is not
permitted. Because proposed development will be within 500 feet of
CSS habitat, the habitat of the California Gnatcatcher, grading
activities during this time frame will only be permitted subject to the
following conditions having been met to the satisfaction of the
Director of Development Services.
The applicant is hereby advised that, during clearing /grading
activities, if active nests are found within 500 feet of the grading,
grading 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.
i. Prior to the issuance of a Building Permit, Grading Permit, or
Administrative Clearing Permit, whichever comes first, and if
clearing /grading 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 CSS habitat and Gnatcatcher Survey, and a
report for the area to be cleared and /or graded and CSS
habitat areas within 500 feet of such area. 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 in CSS habitat within 500 feet of such
Resolution No. P -13 -13
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area. To be considered qualified, the biologist must provide
the City with a copy of a valid Gnatcatcher Recovery Permit
from the USFWS.
ii. The scope of work shall explain the survey methodology,
including, but not limited to, the frequency of monitoring, for
the biological survey and the proposed Gnatcatcher nest
monitoring activities during the clearing /grading operation.
iii. Should the report show, to the satisfaction of the Director of
Development Services that Gnatcatcher nests are not present
within the area to be cleared, or within CSS habitat located
within 500 feet of said area, approval may be granted to
commence clearing /grading within the Gnatcatcher nesting
season from February 15 through July 1.
iv. If Gnatcatchers are present within the area to be
cleared /graded, or within CSS habitat located within 500 feet
of said area during the nesting season (February 15 through
July 1), no clearing /grading will be allowed during this time.
The applicant is hereby advised that, during grading, if active
nests are found within 500 feet of the grading, the grading
activity shall be stopped until such time as mitigation
measures are implemented to the satisfaction of the City and
the USFWS. There is no guarantee that grading will be
allowed to resume.
C. If grading or habitat clearing is proposed to occur during the nesting
season of the California Gnatcatcher (February 15 through July 1),
the biologist must attend the City's pre- construction meeting for
the project. During the nesting season, the biologist shall also
monitor and survey the habitat, on a daily or weekly basis as
determined appropriate by the City and the USFWS, within the area
to be graded /cleared and any habitat within 500 feet of said area
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 clearing /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 clearing /grading
is required to stop due to the presence of active nests, the applicant
shall be required to 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 and /or grading plan.
d. If grading or habitat clearing is proposed to occur during the nesting
season of the California Gnatcatcher (February 15 through July 1),
upon completion of the clearing /grading activities, the applicant's
Resolution No. P -13 -13
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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.
e. At a minimum, all protected areas, as shown on the clearing,
building site, and /or grading plans, 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.
f. 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.
15. Landscape and irrigation plans shall be submitted and approved prior to
the issuance of the Building Permit. The project site shall be landscaped
and irrigated in compliance with the City of Poway Landscape and Irrigation
Design Manual, Chapter 17.41 PMC, and all other applicable standards in
effect at the time of landscape and irrigation plan check submittal. The
landscape and irrigation plan submittal is a separate submittal from other
project plan check submittals, and is made directly to the Planning Division.
Landscape and irrigation plan review fees are required and are the
responsibility of the applicant.
a. The plans for landscaping shall, at minimum, show irrigation, and
sizes and species for Fire Fuel Management Zones and all
manufactured slopes steeper than 5:1.
b. The landscape plans shall show the placement of signs delineating
the onsite BCE.
C. A note shall be added to the plans that if construction of the
residence does not commence within 90 days of completion of
grading, all manufactured slopes steeper than 5:1 shall be
hydroseeded and irrigated to the satisfaction of the Director of
Development Services.
F. The applicant shall comply with the following requirements to the satisfaction of
the Director of Safety Services:
1. The applicant is required to meet all applicable PMC and California State
Fire and Building Codes for this project. The applicant is encouraged to
Resolution No. P -13 -13
Page 10
contact the Division of Fire Prevention at (858) 668 -4470 to set up a
meeting prior to submitting building plans in order to review project
requirements.
2. This parcel is located within the Very High Fire Hazard Area of the City and
is new construction; therefore, California Building Code Chapter 7A and
Chapter 15.05 PMC will apply.
3. Roof covering shall be fire retardant as per PMC 15.04.050, and City of
Poway Ordinance No. 64 and its amended Ordinance No. 526.
4. Ignition- resistant construction, Class 1, is required.
5. A residential fire sprinkler system equipped with a 1 -inch meter shall be
installed. A separate plan submittal and approval to the Poway Fire
Department, Division of Fire Prevention, prepared by a licensed sprinkler
contractor or fire protection engineer is required for the residential sprinkler
system prior to installation. There is a separate fee for this plan check and
inspection service. If a one -inch lateral off the street main is currently not
present, one will have to be installed. If a pressure pump is required for fire
sprinkler operation, auxiliary power is required.
6. The residence shall be accessible to Fire Department apparatus by way of
an access roadway with an all- weather driving surface of not less than 16
feet of unobstructed width, with a roadway interior turning radius of not less
than 28 feet capable of supporting the imposed loads of fire apparatus with
a minimum of 13 feet 6 inches of vertical clearance. The Fire Chief,
pursuant to the PMC, shall approve the road surface type.
7. Each chimney used in conjunction with any fireplace shall be maintained
with an "approved spark arrester ".
8. 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. Numbers shall contrast with their
background. The address is required at the private driveway entrance.
9. Smoke detectors shall be installed in all bedrooms and adjoining hallways.
The smoke detectors shall be hard - wired, with a battery backup, and shall
be wired in such a manner that if one detector activates, all detectors
activate.
10. Carbon monoxide detectors shall be installed in hallways adjoining
bedrooms. The carbon monoxide detectors shall be hard - wired, with a
battery backup, and shall be wired in such a manner that if one detector
activates, all detectors activate.
Resolution No. P -13 -13
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11. An 80 percent structure setback (measured from the top of the slope to the
farthest projection from the roof) is required. A structure shall be set back
a minimum of 1.25 feet horizontally from the top of slope for every foot in
building height measured from the farthest projection of the roof. Structural
setbacks shall be shown on the site plan. Show scaled cross section
profiles denoting the top of the slope, building /roof projections, and the
setback distance at multiple locations on the plan submittal.
12. The project shall comply with Section Six of the City of Poway Landscape
and Irrigation Design Manual and Chapter 15.05 PMC as it relates to fuel
management and defensible space. A separate landscape and irrigation
plan submittal is required. There is a separate fee for this plan check and
inspection service. The applicant shall submit and receive signed approval
of landscape and irrigation plans prior to the issuance of the Building
Permit.
13. One hundred feet of fuel modification consisting of 40 feet of Zone A and
60 feet of Zone B is required. Mitigation is required where vegetation fuel
modification cannot be achieved within parcel boundaries. Mitigation may
include existing fuel modification in place on adjacent parcels. A minimum
of 10 feet of vegetation fuel modification shall be maintained on both sides
of driveways that are outside of the required 100 -feet fuel management
zone. Mitigation may include existing fuel modification in place on adjacent
parcel. These areas shall meet Zone B requirements.
G. Prior to issuance of the Certificate of Occupancy:
The site shall be developed and the building elevations shall be
constructed in accordance with the approved plans on file in the
Development Services Department and the conditions contained herein. A
final inspection from appropriate City departments will be required.
(Engineering)
2. Any extension of proposed or existing utilities required to serve the project
shall be installed underground.
3. The drainage facilities, driveway and all utility services shall be installed,
and completed by the property owner, and inspected and approved by
the Engineering Inspector. All new utility services shall be placed
underground.
4. An adequate drainage system shall be provided around the new building
pad capable of handling and disposing all surface water to the satisfaction
of the Engineering Inspector.
Resolution No. P -13 -13
Page 12
5. The applicant shall repair, to the satisfaction of the City Engineer, any and
all damage to public improvements caused by construction activity from
this project.
(Planning)
6. All landscaping and irrigation shall be installed in accordance with
approved landscape plans.
Section 7: The approval of Variance 12 -005 and Minor Development Review
Application 12 -055 shall expire on May 21, 2015, at 5:00 p.m. unless, prior to that time, a
Building Permit has been issued and construction on the property has commenced.
Section 8: 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 California Code of
Civil Procedure.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 21 st day of May 2013.
Don Higginson, Mayor
ATTEST:
Sheila K Cobian, CMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P- 13 -13, was duly adopted by the
City Council at a meeting of said City Council held on the 21st day of May 2013, and that
it was so adopted by the following vote:
AYES: CUNNINGHAM, VAUS, GROSCH, MULLIN, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
r
Sheila kCobian, CM C, City Clerk
City of Poway