Res P-95-48RESOLUTION NO. P-95-48
OF T E CITY UNC L
F T C TY OF PO AY, CAL ORN A
APP OVl C USE PE IT 5-06
AS ES ' PARCEL MBER 32 -19 -11
WHEREAS, Conditional Use Permit 95-06, submitted by Airtouch Cellular,
Applicant, for the purpose of erecting a cellular telecommunications facility at
14264 Tierra Bonita Road, at the top of Kent Hill; and
WHEREAS, the City Council has read and considered the application and has
considered other evidence presented at the public hearing.
NOW, THEREFORE, the City Council does hereby resolve as follows:
The City Council finds that Conditional Use Permit g5-06 will not result
in any significant impact on the and hereby issues a Negative
Declaration with Mitigation Measures.
The approved project is consistent with the general plan in that
semi-public facilities are permitted to be located in all zones if
regulated by a conditional use permit.
That the location, size, design, and operating characteristics of
the project will be compatible with and will not adversely affect or
be materially detrimental to adjacent uses, residents, buildings,
stru tures, or natural i that the facility will be
loca ed on the west side of Kent Hil , which is distant from any
adjo ning homes. The facility is sel contained and needs minimal
main enance, resulting in very few ve icle trips per year.
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T' at the harmony in scale, bulk, cover , and densit is compatible
w th adjacent uses, in that the facili j will not ex eed the height
o a single-family home, nor the heig t of an adjo ning Cox Cable
dish, and can be screened rom view by andscaping and
existing boulders on the property.
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That there are available public facilities, services and utilities
for the project.
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That there will not be harmful effect upon desirable neighborhood
characteristics, in that servicing of the facility will not be
required more than once per month, therefore vehicle trips will be
minimal.
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That the generation of traffic will not adversely impact surrounding
streets and/or the City's Circulation Element, as stated in #5
above.
Resolution No. P- 95-48
Page 2
That + e site is suitable for the type and intensit of the use, in
that t is an elevated site which provides adequ, e line of sight
for t e operation of tel Lion broadcas and receiving
activ ties. The top of the hill is level and arge enough to
accommodate the facility, as well as the installation of adequate
screening materials.
That there will not be significant harmful effects upon
Lal quality and natural in that the area
proposed for installation is a cleared area which is completely
disturbed.
That there are no other relevant negative impacts of the project
which cannot be mitigated.
The City Council hereby approves CUP 95-06 subject to the following
conditions:
Within 30 days of approval (1) the applicant shall submit in writing
that all conditions of approval have been read and understood; and
(2) the property owner shall execute a Covenant on Real Property.
lhe use conditionally granted by this permit shall not be conducted
in such a manner as to interfere with the reasonable use and
enjoyment of surrounding residential and ' 1 uses.
This conditional use permit shall be subject to annual review by the
Director of Planning Services for compliance with the conditions of
approval and to address concerns that may have occurred during the
past year. If the permit is not in compliance with the conditions
of approval, or the Planning Services Department has received
complaints, the required annual review shall be set for a public
hearing before the City Council, to consider modification or
revocation of the use permit.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
APPROVED BY THE DEPARTHENT OF PLANNING SERVICES.
COMPLIANCE SHALL BE
Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
Revised site plans and building elevations incorporating all conditions of
approval shall be submitted to the Planning Services Department prior to
issuance of building permits.
Approval of this request 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 '
Resolution No. P-95-48
Page 3
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The applicant shall restore the access easement to 1ts original
following of the facility and shall
maintenance agreement for the said private easement.
in a road
This approval shall become null and void if building permits are not
issued for this project within two years from the date of project
approval.
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Complete landscape construction documents shall be submitted to and
approved by the Planning Services Department prior to the issuance of
building permits. Plans shall be prepared in accordance with City of
Poway Guide to Landscape Req (latest edition).
A Master Plan of the existing on-site trees shall be provided to the
Planning Services Department prior to the issuance of building permits and
prior to grading, to determine which trees shall be retained.
Existi g on-site trees shall be retained wherever possible and shall be
mainta ned in a horticulturally acceptable manner. Dead, decaying, or
otent ally dangerous trees shall be approv d for removal at the
iscre ion of the Planning Services Department uring the review of the
aster Plan of existing on-site trees. Living tees which are approved
or removal shall be replaced on a tree-for-tree asis as required by the
lanning Services Department.
All landscaped areas shall be maintained in a healthy and thrivi g
condition, free f om weeds, trash, and debris. The trees shall e
encouraged and al owed to retain a natural form. Pruning should e
restricted to main ain the health of the trees and to protect the publ c
safety. Unnatura or pruning, including topping, is not
permitted.
RES
Existing building(s) shall be made to comply with current building and
zoning regulations, namely sheds, screens and enclosures, or they shall be
demolished, prior to building permit issuance for this project.
2. All existing accumulated trash and debris shall be removed prior to
issuance of building permits on the project.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this Z2nd day of August, lggs.
ATTEST:
Resolution No. P- 95-48
Page 4
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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) ss.
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I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
ertify, under the penalty of perjury, that the foregoing Resolution, No.
-95-48 , was duly adopted by the City Council at a meeting of said City Council
he 22 day of st , 1995, and that it was so adopted
y the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CAFAGNA, EMERY, REXFORD
NONE
NONE
CALLERY, HIGGINSON
City f~oway