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Res P-09-09 RESOLUTION NO p-Og-Og A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT (CUP) 05-02M ASSESSOR PARCEL NUMBERS 316-063-02 and 05 WHEREAS, Meridian Telecom (for Verizon), Applicant, has requested to install a back-up generator for an existing telecommunications facility at 12601 Cobblestone Creek Road, within the Rural Residential A (RR-A) zone, and WHEREAS, on March 17, 2009, the City Council held a duly advertised public hearing 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 project is Categorically Exempt as a Class 1 Categorical Exemption from the California Environmental Quality Act (CEQA), pursuant to Section 15301 of the CEQA Guidelines, in that the project involves a negligible expansion of the existing use Section 2: The findings, in accordance with Section 1748070 of the Poway Municipal Code (PMC), for CUP 05-02M, to install a back-up generator for an existing telecommuncations facility (Verizon Wireless) on a developed residential property at 12601 Cobblestone Creek Road, within the RR-A zone, are as follows A. The location, size, design, and operating characteristics of the proposed installation are in accord with the title and purpose of Chapter 1748 PMC (Conditional Use Permit Regulations), the City General Plan, and the development policies and standards of the City in that the proposed installation is allowed with a Conditional Use Permit. The back-up generator unit has been sited such that it will be compatible with the surrounding development. Additionally, no habitat will be removed with the installation of the unit. B The location, size, design, and operating characteristics of the proposed use will be compatible with, and will not adversely affect or be materially detrimental to, adjacent uses, buildings, structures, or natural resources in that it has been designed to comply with City development standards Additionally, the backup generator unit will not be visible from Poway Road, and a grade difference from the property to the north and topography changes will reduce the visibility of the unit from this residence C The proposed use is in harmony with the scale, bulk, coverage, and density of, and is consistent with, adjacent uses in that the unit will be located adjacent to the existing telecommunications facility and no habitat will be removed D There are adequate public facilities, services, and utilities available at the subjec' site to serve the proposed use Resolution No P-09-09 Page 2 E. There will not be a harmful effect upon the surrounding property characteristics in that the emergency generator will be located over 350 feet from the closest residence to the north. Therefore, there will not be a harmful effect upon desirable neighborhood characteristics. F The project will not increase traffic since it is a component of the existing use Therefore, the generation of traffic will not adversely impact the capacity and physical character of the surrounding streets and/or the Circulation Element of the General Plan. G There will not be significant harmful effects upon environmental quality and natural resources in that the site proposed for the use has been previously developed and contains no natural habitat resources Section 3. The City Council hereby approves CUP OS-02M, to install a backup generator for an existing telecommuncations facility (Verizon Wireless) on a developed residential property located at 12601 Cobblestone Creek Road, within the Rural Residential A zone, as shown on plans dated January 8, 20D9, subject to the following conditions A. Approval of this Conditional Use Permit shall apply only to the subject project, and shall not waive compliance with all other 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 the date of this approval' (1) the applicant shall submit in writing that all conditions of approval have been read and understood, and (2) a deed covenant with these conditions of approval shall be recorded on the property C The use conditionally granted by this approval shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding properties D The terms and conditions of CUP 05-02M shall be binding upon the permittee and all persons, firms and corporations having an interest in the property subject to these permits, and the heirs, executors, administrators, successors, and assigns of each of them, including municipal corporations, public agencies and districts E. All Conditions of Approval contained in Resolution P-OS-40 approved by the City Council on May 31, 200S shall apply, except as amended by this Resolution. F Prior to the issuance of a Building Permit and/or during construction, the applicant shall: Resolution No P-09-09 Page 3 (Engineering) 1 No private improvements shall be placed or constructed within public street rights-of-way or City easements unless the following are satisfied' a. An Encroachment Maintenance and Removal Agreement has been executed by the developer/owner and subsequently approved by the City; or b Approval of grading or improvement plans, on which a Right-of-Way Permit has been issued for the private improvements to be constructed The City, however, reserves the right to require the execution of an Encroachment Maintenance and Removal Agreement. (Building) 2. The generator installation shall comply with the 2007 California Electrical Code (Planning) 3 The building plans shall show any new exterior lighting, said lighting shall be subject to the approval of the Director of Development Services. 4 The building plans must show the location of required replacement and new landscaping 5 The proposed retaining wall must be constructed of decorative block or stuccoed and painted, either method must cause the retaining wall to blend in with the rocks and hillside (Safety Services) 6 The fuel containment supply shall be double walled Provide specifications prior to issuance of the Building Permit on how this condition will be met. F Prior to obtaining final inspections from the City and/or the release of performance and payment securities, the applicant shall comply with the following. t The site shall be developed in accordance with the approved site plans on file in the Development Services Department and the conditions contained herein 2. The developer shall repair, to the satisfaction of the City Engineer, any and all damages to public road improvements on Poway Road caused by construction activity from this project. G Upon establishment of the use, tile following shall apply Resolution No P-D9-09 Page 4 1 All facilities and related equipment shall be maintained in good repair Any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. 2. All lighting fixtures shall be maintained such that they reflect light downward and away from any road, street or residence 3 The owner or operator of the facility shall routinely and regularly inspect the site to ensure compliance with the standards set forth in this permit. 4 The facility shall be operated in such a manner as to minimize any possible disruption caused by noise. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 10'00 p.m. and 7'00 a.m on weekday nights. At no time shall equipment noise from any source exceed the noise standards contained in the Poway Municipal Code Section 4 The approval of CUP 05-02M shall expire on March 17, 2011 , at 5.00 p.m., unless, prior to that time, a Building Permit has been issued and construction has commenced on the property in reliance on the CUP approval prior to its expiration, or an extension has been requested prior to its expiration PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 17th day of March 2009 ~h1J- \ ~ ~~ Don Higginson, Deputy ayor ATTEST - A. royan, MMC, City Clerk Resolution No P-09-09 Page 5 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, p-Og-Og, was duly adopted by the City Council at a meeting of said City Council held on the 17th day of March 2009, and that it was so adopted by the following vote AYES BOYACK, CUNNINGHAM, HIGGINSON, REXFORD NOES NONE ABSENT CAFAGNA DISQUALIFIED' NONE . d . Troyan, MMC, City Clerk e' y of Poway