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Res P-97-27 RESOLUTION NO. P-97-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MINOR CONDITIONAL USE PERMIT 97-02 ASSESSOR'S PARCEL NUMBER 321-191-23 WHEREAS, Minor Conditional Use Permit 97-02, submitted by GTE Mobilnet, Applicant, for the purpose of erecting a cellular I 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 follows: The City Council finds that Minor Conditional Use Permit 97-02 will not result in any significant impact on the l and hereby issues a Negative Declaration with Mitigation Measures. 1, The approved project' : 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, or natural in that the facility will be located on the north side of Kent Hill, which is distant from any adjoining homes. The facility is self-contained and needs minimal resulting in very few vehicle trips per year. That the harmony in scale, bulk, coverage, and density is compatible with adjacent uses, in that the facility will not exceed the height of a single-family home, nor the height of an adjoining AirTouch Cellular facility, and can be screened from view by landscaping and an arbor. That th ale public 1' :1 utilities for the project. That there will not be harmful effect upon desirable neighborhood ch in that servicing of the facility will not be required more than once per month, th 3icle trips will be minimal. Resolution No. P- 97-27 Page 2 That the generation of traffic will not adversely impact surrounding streets and/or the City's Circulation Element, as stated in #5 above. That the site is suitable for the type and intensity of the use, in that it is an elevated site which provides adequate line of sight for the operation of t broadcast and receiving activities. The top of the hill is level and large enough I 'late the facility, as well as the installation of adeq ' 3 materials. = That there will not be significant harmful effects upon quality and natural in that the area proposed for installation is a cleared area which is completely disturbed. 9. That th :h be mitigated. :negative impacts of the project which cannot The City Council hereby approves MCUP 97-02 subject to the following conditions: 1= 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. TI; `litionally 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 uses. This minor conditional use permit shall be subject to annual review by the Director of Planning Services for compliance with the conditions of approval and to add that may h `l 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 modifica1' ~,ion of the use permit. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES. Resolution No. P- 97-27 Page 3 1. o = ° Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the condit' -I herein. Revised site plans and building ~orating all conditions of approval shall be submitted to the Planning Services Department prior 1= building permits. If technical interference with the existing 1 facility on the site is documented to show measurable impact, a revised site plan shall be submitted to the ' ' I the Director of Planning Services prior to building permit issuance. Approval of this request shall not ~liance with all =the Zoning Ordinance and all other applicable City Ordinances in effect at the time of building permit issuance. The applicant shall restore th I to its original condition following I the facility and shall participate in a road maintenance agreement for the said p ' l. This approval shall I: II and void if building I~ project within two years from the date of project approval. : issued for this Complete landscaF documents shall be submitted to and approved by the prior to the ' [ building permits. Plans shall be prepared in accordance with City of Poway Guide to Landscape Requirements (latest edition). A Master Plan of the existing on-site trees shall be provided to the Planning Services Department prior to th ~ building permits and prior to grading, to d ~ich trees shall be retained. = Existing on-site trees shall be retained wherever possible and shall be maintained in a horticulturally acceptable manner. Dead, decaying, or potentially dangerous trees shall be approved for removal at the discretion of the Planning Services Department during th ! the Master Plan of existing on-site trees. Living trees which are approved 1' shall be replaced on a I basis as required by the Planning Services Department. ° All landscaped areas shall be :t in a healthy and thriving condition, free from weeds, trash, and debris. The trees shall b ;led and allowed to retain a natural form. Pruning should b :11 the health of the trees and to protect the public safety. Unnatural pruning, including topping, is not permitted. Resolution No. P- 97-27 Page 4 Existing building(s) shall be made to comply with current building and zoning regulations, namely sheds, :1 or they shall be demolished, prior to building permit issuance for this project. (A demolition permit is required). All existing :1 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 20th day of May, 1997. ATTEST: Don Higginson, Mayor Marjorie K. Wahlsten, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ) ss. ) I, Marjode K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No P-97-27 . was duly adopted by the City Council at a meeting of said City.Council held on the 20th day of May 1997, and that it was so adopted by the following vote: AYES: NOES: NONE ABSTAIN: NONE ABSENT: NONE CAFAGNA, EMERY, GOLDBY, REXFORD, HIGGINSON Marjorie K. Wahlsten, City Clerk City of P. oway