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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. e 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. e That there are available public facilities, services and utilities for the project. e 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. e 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 e 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. e 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 ) ) ss. ) 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