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Res P-82-09RESOLUTION NO. P 82-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MAJOR USE PERMIT CUP 81-01 ASSESSOR'S PARCEL NUMBER 277-070-14 WHEREAS, Major Use Permit CUP 81-01, submitted by Signal Master, Inc., applicant, requests to allow the installation of a five (5) meter dish type antenna and an accessory building for the property located at the Boca Raton reservoir site, in the A-70-8, (limited agriculture) zone; and WHEREAS, on March 9, 1982, 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, the City Council does hereby resolve as follows: Section 1: Findings: That 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, residents, buildigs, structures, or natural resources, with consideration given to; a. Harmony in scale, bulk, coverage and density; b. The availability of public facilities, services and utilities; c. The harmful effect, if any, upon desirable neighborhood character; d. The generation of traffic and the capacity and physical character of surrounding streets; e. The suitability of the site for the type and intensity of use or development which is proposed: f. The harmful effect, if any, upon environmental quality and natural resources; and to g. Any other relevant impact of the proposed use; and That the impacts, as described in paragraph "1" of this section, and the location of the proposed use will not adversely affect the Poway General Plan. Section 2: Environmental Findings. The City Council finds that this project will not have a significant adverse impact on the environment and hereby issues a Conditional Negative Declaration with mitigating conditions for aesthetics and landscaping. Resolution No. P 82-09 Page 2 Section 3: City Council Decision. The City Council hereby APPROVES Major Use Permit CUP 81-01 subject to the following conditions: Approval of application CUP 81-01 is subject to the continued consent of the City of Poway and the Federal Communications Commission (FCC) for Signal Master to operate a Cable TV system in Poway. Approval of application CUP 81-01 shall be valid through June 13, 1983, which is the expiration date of the Signal Master License Agreement. The applicant shall obtain building permits for existing structures prior to any work on the site (double fees shall be assessed). Prior to the erection of additional equipment or improvements, the applicant shall obtain a Minor Development Review approval and shall obtain appropriate excavation and construction permits from the City. The proposed receiving dish and the accessory building shall be supported per the current UBC, subject to the approval of the Building Official and the Director of Public Services. At all times during and after construction, the applicant shall agree NOT to interfere with the conduct of City business. Damage to City equipment and facilities directly caused by the applicant during construction or removal of equipment or improvements shall be the responsibility of the applicant or its officers, including but not limited to, the costs of repairing or replacing damaged City property. The applicant shall remove the existing concrete apron in front of the accessory building and shall replace a new apron, subject to the approval of the Director of Public Services, per City standards. 8. Unused equipment shall be removed from the site. Resolution No. P 82-09 Page 3 9e 10. 11. A landscaping plan and a temporary watering system shall be submitted for Minor Development Review approval subject to the approval of the Director of Planning Services. The applicant shall erect a chain link gate in the reservoir area of the site and shall erect a chain link fence extending no more than fifty (50) lineal feet on both sides of the gate, subject to the approval of the Director of Public Services and Fire Chief, in accordance with Exhibit "B". The applicant shall place No Trespassing/No Loitering notices in the area per Sections 554 and 554.1 PC., subject to the approval of the Director of Safety Services and in accordance with the Sign Ordinance. 12. The applicant is granted a Temporary Use Permit for the proposed use of the trailer coach at the Bernardo Winery site which shall be removed within thirty (30) days of expiration of CUP 81-01. 13. The use of the residence at 17266 Boca Raton Lane, as a point of signal reception, shall be discontinued upon expiration of CUP 81-01. APPROVED and ADOPTED by the City Council of the City of Poway, Sate of California, this 9th day of March, 1982. Robert C. Emery, Mayor ~'~ ATTEST: Marjorie K; IWahlsten, City Clerk