Res P-14-21RESOLUTION NO. P -14 -21
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING MINOR DEVELOPMENT REVIEW APPLICATION 13 -017
ASSESSOR'S PARCEL NUMBER 317 - 102 -18
WHEREAS, Minor Development Review Application (MDRA) 13 -017, a request
to construct a 5,000- square -foot residence with a 936- square -foot garage and a 1,000 -
square -foot guest house on a vacant, 15.89 -acre property located north of the 13100
block of Coyotero Drive), within the Rural Residential A (RR -A) zone; and
WHEREAS, on December 16, 2014, the City Council held a duly advertised
public hearing to solicit comments from the public, both for and against, relative to this
application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The findings for MDRA 13 -017, in accordance with PMC 17.52.010
Purpose of Development Review, are made as follows:
A. The project has been designed to be architecturally compatible with surrounding
residential development, to minimize landform alteration, and conform to City
zoning, development and grading standards. Therefore, the project respects and
recognizes the interdependence of land values and aesthetics to the benefit of
the City.
B. The project has been designed to minimize impacts on surrounding residential
development by utilizing earth -tone colored exterior building materials and
an architectural design that is compatible with surrounding development.
Therefore, the proposed development respects the public concerns for the
aesthetics of development, and encourages the orderly and harmonious
appearance of structures and property within the City.
C. The granting of the MDRA would not be materially detrimental to the public
health, safety or welfare within the community since the proposed development
will complete improvements necessary for the new residence, garage and guest
house.
D. The project has been designed to be consistent with development in the
surrounding residential area by utilizing exterior building materials and an
architectural design that is compatible with nearby residential development.
Therefore, the proposed development respects the public concerns for the
aesthetics of development.
E. The project will not have an adverse effect on the aesthetics, health and safety,
or an architecturally - related impact upon adjoining properties, as the project has
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Page 2
been designed to be consistent with development in the surrounding residential
area by utilizing exterior building materials and an architectural design that is
compatible with nearby residential development.
F. The design and improvements of the proposed development are consistent with
all elements of the Poway General Plan, as well as the project conforms with the
provisions of the Zoning Code.
Section 2: The findings, pursuant to Government Code Section 66020, for the public
improvements for MDRA 13 -017 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.
Section 3: The City Council hereby approves MDRA 13 -017, 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
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 MDRA 13 -017 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. 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.
Resolution No. P -14 -21
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D. Prior to issuance of a Grading Permit:
(Engineering)
1. 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.
2. Submit a precise grading plan for the development of the lot prepared on a
City of Poway standard sheet at a scale of 1" = 20', unless otherwise
approved by the City project engineer. Submittal shall be made to the
Department of Development Services Engineering Division for review and
approval. The grading design shall be 100% complete at the time of
submittal, ready for approval and issuance of permit. Incomplete
submittals will not be accepted. All technical studies as required by
Chapter 16 PMC shall be submitted.
3. Water Quality Control — Drainage and Flood Damage Prevention:
A drainage study addressing the impacts of the 100 -year storm event
prepared by a registered Civil Engineer is to be submitted and approved.
The study shall evaluate existing and proposed hydrologic and hydraulic
conditions to the satisfaction of the City project engineer.
4. Water Quality Control — Design and Construction:
The project shall comply with the City's Jurisdictional Urban Runoff
Management Program (JURMP). The project is considered a Priority
Development Project and will be subject to the Standard Urban
Stormwater Management Plan as outlined in the PMC. A Water Quality
Technical Report (WQTR) prepared by a registered Civil Engineer is to be
submitted and approved.
a. Provide two copies of an Operation & Maintenance (O &M) plan in
accordance with Chapter 16.104 of the Poway Municipal Code.
b. Property owner shall execute an approved Storm Water
Management Facilities Maintenance Agreement accepting
responsibility for all structural Best Management Practices
(BMPs) maintenance, repair and replacement as outlined in the
Operations and Maintenance plan. The operation and maintenance
requirements shall be binding on the land throughout the life
of the project as outlined in PMC 16.104.
5. Water Quality Control — Construction Storm Water Management
Compliance:
Proof of coverage under the General Permit for Discharges of Storm
Water Associated with Construction Activity (Construction General Permit,
2009 - 0009 -DWQ, as amended by order 2010 -0014) shall be provided to
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the City along with a copy of the Storm Water Pollution Prevention Plan
(SWPPP).
6. Grading securities shall be posted with the City prior to grading plan
approval per PMC 16.46.080. A minimum cash security of $2,000 is
required in all instances.
7. Following approval of the grading plans, posting of securities and fees,
and receipt of three copies of the approved plans, the applicant shall
attend a pre- construction meeting at the Department of Development
Services. 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 project Engineering
Inspector.
8. 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.
9. Construction staking is to be installed and inspected by the Engineering
Inspector prior to any clearing, grubbing or grading. As a minimum, all
protected areas as shown on the approved grading plans are to be staked
under the direction of a licensed land surveyor or licensed civil engineer,
and delineated with lathe and ribbon. As applicable, provide two copies of
a written certification, signed and sealed in accordance with the Business
and Professions Code, by the engineer of record stating that all protected
areas have been staked in accordance with the approved plans.
10. A Geotechnical Investigation and Landslide Study, and subsequent
addendum letter dated March 13, 2013, and March 25, 2013, respectively,
were prepared by Vinje & Middleton Engineering, Inc. for the project. The
project grading design shall be consistent with either of the following
Alternatives recommended for the project by Vinje & Middleton
Engineering, Inc. in the referenced Study:
a. Alternative One — Shear Key Stabilization Option: The developer
shall design the project to utilize a deep stabilization shear key
for the basal and secondary landslide feature and shear piles
for temporary stabilization support during constructions. Site
.monitoring by slope inclinometers (installed prior to earthwork
operations) will be required during and after construction.
b. Alternative Two — Deep Pile Foundation Support Option: The
developer shall design the project to utilize deep concrete piles for
building support. The concrete piles would be large building
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foundation elements resisting the lateral slide loads. Split -level
type designs and transition walls may be considered to
accommodate sloping ground under the building. Periodic site
evaluation by installation and monitoring slope inclinometers is
also required to detect any possible movement around building
perimeter. The developer at this stage is proposing to design the
project in accordance with Alternative Two.
(Planning)
11. In accordance with the Cultural Resources Survey report for the project
dated October, 2013, and a subsequent addendum dated September 16,
2014, prepared on the project, an Open Space Easement (OSE)
incorporating the CA- SDI -21057 site and a 30 -foot buffer around the site
shall be recorded on the subject property. The applicant shall be
responsible for providing an OSE legal plat map and description (prepared
by a licensed civil engineer), submittal of this information to the City, and
City easement plan check fees.
12. Any fence or wall shall not exceed six feet in height. Any retaining
walls proposed shall be shown on the grading and building plans, and
shall be constructed of decorative block or stucco finish consistent with
the residence.
13. The limits of grading and clearing activity area shall be staked by a
licensed surveyor, and delineated with orange construction fencing before
any grading /clearing activities. 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.
14. Impacts to 1.03 acres of CSS shall be mitigated at a 2:1 ratio (2.06- acres).
This requirement shall be met through either offsite dedication of a
Biological Conservation Easement (BCE) over similar quality and type
habitat; or in lieu of the offsite dedication, the applicant may opt to pay the
Habitat Mitigation In -Lieu Fee at the established rate at the time of
payment. Presently the rate is $17,000 /acre.
15. Temporary fencing and signage shall be installed around both groupings
of Coast Barrel Cactus to avoid impacts during grading and construction.
16. BMPs, including erosion and sediment control and diversion of runoff
water to detention basins, shall be implemented to reduce impacts from
temporary construction activities to a level less than significant.
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17. While the project will not impact any native trees (Coast Live Oaks,
Canyon Live Oaks, Englemann Oaks or California Sycamores), the project
will impact non - native trees. Pursuant to the Urban Forestry Ordinance of
the City of Poway, a Tree Removal Permit is only required in instances
where a native tree is proposed for removal associated with single - family
residential development.
18. Project grading activities should occur outside of the avian breeding
season, which generally runs from January 1 to September 1, to avoid a
take of birds or their eggs. If avoidance of the avian breeding season is
not feasible, pre- construction surveys shall be conducted by a qualified
biologist (experienced in conducting breeding bird surveys) to determine
the presence or absence of protected native birds occurring in suitable
nesting habitat that is to be disturbed and any other such habitat within
300 feet of the disturbance area, and within 500 feet for raptors.
Reductions in the recommended nest buffer distance may be appropriate
depending on the avian species involved, ambient levels of human activity
and /or proximity to existing urban development, screening vegetation, or
possibly other factors. If an active nest is determined to be present, the
project biologist shall work with the City to develop avoidance and
mitigation measures, which shall remain until all young have fledged.
19. In accordance with Condition H of the Poway HCP 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. Therefore, grading and removal of habitat 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 grading, if active nests are
found within 500 feet of the 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 during
nesting season.
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 a 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
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or graded, or in CSS habitat 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 U.S. Fish and
Wildlife Service (USFWS).
b. 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. Should the report
show, to the satisfaction of the Director of Development Services,
that gnatcatcher nests are not present within the area to be graded/
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.
C. If gnatcatchers are nesting within the area to be graded /cleared, or
within CSS habitat located within 500 feet of said area, no grading
will be allowed during this time.
d. The biologist must attend the City's preconstruction meeting for the
project and must be present onsite 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, on a daily basis, within the area to
be cleared /graded 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 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).
e. If 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 /grading plan.
f. At a minimum, all protected biological 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.
Resolution No. P -14 -21
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g. 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.
h. 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.
20. Landscape and irrigation plans shall be submitted for review and approval.
The landscape and irrigation plans shall demonstrate compliance with the
City of Poway Landscape and Irrigation Design Manual, Chapters 17.07
and 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. Contact
the Planning Division for copies of applicable City standards, the
landscape and irrigation plan submittal checklist, and the plan review fee
worksheet. Landscape and irrigation plan review fees are required and are
the responsibility of the applicant.
All manufactured slopes greater than a 5:1 slope shall be landscaped and
irrigation shall be installed to the satisfaction of the Director of
Development Services and the Fire Marshal. Manufactured slopes
greater than 5:1 shall be planted with a combination of ground cover,
shrubs, and trees (with ratios and sizes consistent with the guidelines),
and shall be provided with an automatic irrigation system operational at
the time of final inspection. Additionally, any disturbed, denuded areas
within the required front yard setback area shall be landscaped and
irrigated to the satisfaction of the Director of Development Services.
The plans shall show the location of the proposed Open Space Easement.
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:
1. 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 Uniform Building Code,
National Electric Code, Chapter 17.07 PMC, and all other applicable
codes and ordinances in effect at the time of permit issuance.
Resolution No. P -14 -21
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(Engineering)
3. The site shall be developed in accordance with the approved grading
plans on file in the Development Services Department and the conditions
contained herein. Grading shall be in accordance with the Uniform
Building Code, the City Grading Ordinance, the approved grading plan,
the approved soils report, and grading practices acceptable to the City.
4. Erosion control shall be installed and maintained by the developer from
October 1 to April 30. The developer shall maintain all erosion control
devices throughout their intended life.
5. Applicant shall obtain a Grading Permit and complete rough grading of the
site. The grading shall meet the approval of the Engineering Inspector and
the project's geotechnical engineer. Following completion of rough
grading, please submit the following:
a) Three copies of certification of line and grade for the lot, prepared
by the engineer of work.
b) Three copies of a soil compaction report for the lot, prepared by the
project's geotechnical engineer.
The certification and report are subject to review and approval by the City.
6. The applicant shall pay all applicable development impact fees in effect at
time of permit issuance.
Listed below are the current applicable fees and
amounts:
a. Water (1" meter)
$5,448
b. Drainage
$1,200
C. Fire Apparatus (1 EDU) $122.03
d. Traffic (Rural -Res)
$2,260
e. Park (Rural -Res)
$4,562
There is also a separate required fee to the San Diego County Water
Authority in the amount of $7,490 for a 1" meter.
(Planning)
7. 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.
8. An Affordable Housing In -Lieu Fee shall be paid at the established rate.
9. The owner shall execute a Deed Covenant (prepared by the City) on the
property, which will be recorded with the County Recorder, stating that the
guest house will never by rented or leased as a separate unit and
complete kitchen facilities will not be installed.
V
Resolution No. P -14 -21
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10. 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.
11. The retaining walls along the access driveway shall be constructed of
decorative block or stucco finish consistent with the adjacent residence(s)
12. A 10- foot -wide trail shall be dedicated along the easterly property line as
shown on the project site plan dated August 20, 2014, on file in the
Planning Division, to the satisfaction of the Directors of the Public Works
Department and the Development Services Department.
13. The property shall be annexed from Lighting District Zone B to Lighting
District Zone A to the satisfaction of the Director of the Public Works
Department prior to Building Permit issuance.
F. The applicant shall comply with the following fire safety requirements, to the
satisfaction of the Fire Marshal:
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
contact the Division of Fire Prevention at (858) 668 -4472 to set up a
meeting prior to submitting building plans in order to review project
requirements.
2. Roof covering shall comply with PMC 15.04.050, and City of Poway
Ordinance No. 64 and its amended Ordinance No. 526. And shall not be
less than a Class "A" roof assembly.
3. Every building shall be accessible to Fire Department apparatus by way of
access roadways 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.
4. The gradient for a fire apparatus access roadway shall not exceed 20-
percent. Grades exceeding 15- percent shall be constructed of cement
concrete.
5. Dead -end access roadways in excess of 150 -feet long shall be provided
with approved provisions for turning around of Fire Department apparatus.
Curves and topographical features could alter the requirements for
turnarounds and the width of access roadways. An approved emergency
Resolution No. P -14 -21
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vehicle turnout shall be installed along the driveway access roadway.
6. All automatic gates across fire access roadways and driveways shall be
equipped with approved, emergency key- operated switches overriding all
command functions and opening gates. A dual keyed or dual switches
shall be provided to facilitate access by law enforcement.
7. 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 project. Numbers shall contrast with
their background.
8. A residential fire sprinkler system with a one -inch water meter is required
to be installed in the proposed residence and guest house /garage. 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. A separate fee is required for this plan check. 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.
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 interconnected throughout. Smoke detectors 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.
11. Each chimney used in conjunction with any fireplace shall be equipped
with an approved spark arrester.
G. Prior to issuance of the Certificate of Occupancy:
1. 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. All existing and proposed utilities or extension of utilities required to serve
the project shall be installed underground. No extension of overhead
utilities shall be permitted.
Resolution No. P -14 -21
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3. The drainage facilities, driveway, slope planting measures, and all utility
services shall be installed and completed by the property owner, and
inspected by the Engineering Inspector for approval. All new utility
services shall be placed underground.
4. An adequate drainage system around the new building pad capable of
handling and disposing all surface water shall be provided to the
satisfaction of the Engineering Inspector.
5. The applicant shall repair, to the satisfaction of the City Engineer, any and
all damages to public improvements caused by construction activity from
this project.
6. All applicable easement dedications and maintenance agreements are to
be recorded prior to occupancy.
7. All work on the approved plans shall be completed. Record drawings
signed by the engineer of work, shall be submitted and approved by
Development Services prior to a request for occupancy, per Section
16.52.130B of the Grading Ordinance. Record drawings shall be
submitted in a manner to allow the City adequate time for review and
approval prior to issuance of occupancy and release of grading securities.
All applicable easements, agreements and right -of -way dedication/
vacation information shall be referenced on the record drawings. At least
three weeks prior to a request for occupancy is recommended.
(Planning)
8. Occupancy approval of the residence shall be prior to or concurrent with
occupancy approval of the guest house.
9. Landscaping shall be installed per the approved landscape plan.
Section 4: 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.
Section 5: The approval of MDRA 13 -017 shall expire on December 16, 2016, at 5:00
p.m., unless prior to that time a Building Permit has been issued and construction has
commenced on the property
Resolution No. P -14 -21
Page 13
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 16th day of December 2014.
Steve Vaus, Mayor
ATTEST:
-
Shei R. Cobian, CMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, CMC, City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No. P -14 -21 was duly adopted by
the City Council at a meeting of said City Council held on the 16th day of December,
2014, and that it was so adopted by the following vote:
AYES: CUNNINGHAM, MULLIN, GROSCH, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Sheila -Cobian, CMC, City Clerk
City of Poway